Aquilla Training (Joint Venture) Website Usage Terms & Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE AQUILLA TRAINING WEB SITES OR ANY PART THEREOF (THE AQUILLA TRAINING WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE AQUILLA TRAINING WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
- a) “Aquilla Training Learner Management (LMS) website” means the Aquilla Training joint venture between: “Aquilla Advisors cc, Aquilla Wellness Solutions (Pty) Ltd, Aquilla Financial Solutions cc and Inter Trauma Nexus NPC; located at aquilla.co.za and includes any part or element thereof, including the following domains from our joint venture partners: aquilla.co.za; barbaralouw.com; aquillasa.co.za; afsonline.co.za; itn.org.za; blueagle.co.za.
- b) “User” means any person who enters, uses or registers on the Aquilla Training LMS web site, notwithstanding the fact that such a person only visited the home page of the Aquilla Training LMS web site;
- c) References herein to the singular includes the plural and vice versa; and
- d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
Aquilla Training is a joint venture with our partners Aquilla Advisors cc, Aquilla Wellness Solutions (Pty) Ltd, Aquilla Financial Solutions cc and Inter Trauma Nexus NPC, who are registered South African companies. Aquilla Advisors are the Copy Right Holder of all our training and workshop material, webinars, videos, books, tools and other material and or electronic information in all formats.
- ALLOWED USE AND LICENSE
2.1 Aquilla Training licenses the User on behalf of our joint venture partners Aquilla Advisors cc, Aquilla Wellness Solutions (Pty) Ltd, Aquilla Financial Solutions cc and Inter Trauma Nexus NPC to view the content of the Aquilla Training web site, purchase workshops, webinars, online training courses and/or other material provided that such content is used for personal, purposes only.
2.2 Content from the Aquilla Training web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Aquilla Training and our joint venture partners.
2.3 Users may only access and use the Aquilla Training web site for online workshop, webinar, online training registration and purchases.
2.4 The caching of the Aquilla Training web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Aquilla Training web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by Aquilla Training.
2.5 If any User uses content from the Aquilla Training web site in breach of the provisions detailed herein:
2.5.1 Aquilla Training reserves the right to claim damages from the User;
2.5.2 Aquilla Training reserves the right to institute criminal proceedings against the User; and
2.5.3 Aquilla Training shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the Aquilla Training web site from any other source shall be directed at the home page of the Aquilla Training web site. Aquilla Training shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Aquilla Training web site, if such content was accessed through a hyperlink not directed at the home page of the Aquilla Training web site. Persons that wish to link to content beyond the home page of the Aquilla Training web site shall do so at their own risk and indemnify Aquilla Training against any loss, liability or damage that may result from the use of content from the Aquilla Training web site, if such content was accessed through a hyperlink not directed at the home page of the Aquilla Training web site.
Aquilla Training’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the Aquilla Training web site only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the Aquilla Training web site, in any manner whatsoever, without the prior written consent of Aquilla Training.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Aquilla Training web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Aquilla Training web site for any purposes, without the prior written consent of Aquilla Training.
2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Aquilla Training at any time without giving reasons therefore.
- INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Aquilla Training web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Aquilla Advisors cc and/or our joint venture partners and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Aquilla Training web site are expressly reserved.
3.2 “Aquilla Training”, ‘’Aquilla Training LMS’’, ‘’Aquilla Advisors’’, ‘’Aquilla Wellness Solutions’’ “Aquilla Financial Solutions”, “Inter Trauma Nexus”, are registered entities and Users agree not to use these as elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Aquilla Training at the cost of the User.
- SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the Aquilla Training web site and/or purchase or download content from this web site.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Aquilla Training web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Aquilla Training has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Aquilla Advisors cc, reg. no. 2000/033942/23;
5.2 Street address: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa
5.3 Postal address: PO Box 1347, Menlyn Central, 0077, South Africa;
5.4 Physical address for receipt of legal service: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa
5.5 Main business: The main business of Aquilla Training is the provision of online and face-to-face training, webinars, books, tools, soothing oils and professional services and information;
5.6 The web site address of the Aquilla Training web site
5.8 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA MANUAL) of the owner of the Aquilla Training web site may be downloaded from our joint venture partner websites as listed at the end of this document:
5.9 Joint Venture Management:
5.9.1 Dr LB Louw – Project Manager and Facilitator
5.9.2 JHW Louw – Project Administrator and Facilitator
5.9.3 M Kapp – Marketing: SA Fan Based Marketing
5.9.4 L Louw – Academic Advisor
5.10 The costs associated with the access and use of the Aquilla Training web site are as follows: free access and registration, with each workshop, webinar, online training priced as per website displayed.
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 access to the Aquilla Training web site;
5.11.2 the inability to access the Aquilla Training web site;
5.11.3 the services and content available from the Aquilla Training web site; or
5.11.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from their web site:;
5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site;
5.13 Users may lodge complaints concerning the Aquilla Training web site with Aquilla Training.
- CHANGES AND AMENDMENTS
Aquilla Training expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Aquilla Training web site;
6.3 discontinue any aspect of the Aquilla Training web site or service(s) available from the Aquilla Training web site; and/or
6.4 change the software and hardware required to access and use the Aquilla Training web site.
7.1 Aquilla Training shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded
7.2 Aquilla Training may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact numbers and other personal information required by professional bodies and or employers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 Aquilla Training collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide the User with access to restricted pages on this web site; and
7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the Aquilla Training web site.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 Aquilla Training may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 Aquilla Training shall not disclose personal information from Users unless the User consents thereto;
7.5.2 Aquilla Training shall disclose information without the User’s consent only through due legal process; and
7.5.3 Aquilla Training may compile, use and share any information that does not relate to any specific individual.
7.6 Aquilla Training owns and retains all rights to non-personal statistical information collected and compiled by Aquilla Training.
- HYPERLINKS TO THIRD PARTY SITES
8.1 Aquilla Training may provide hyperlinks to web sites not controlled by Aquilla Training (target sites) within the LMS and such links do not imply any endorsement, agreement on or support for the content of such target sites but merely for learning or illustration purposes.
8.2 Aquilla Training does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 Aquilla Training shall take all reasonable steps to secure the content of the Aquilla Training web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Aquilla Training does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Aquilla Training is under no legal duty to encrypt any content or communications from and to the Aquilla Training web site and is also under no legal duty to provide digital authentication of any page on the Aquilla Training web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Aquilla Training web site or the server and computer network that support the Aquilla Training web site.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Aquilla Training web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Aquilla Training harmless against any and all liability, damages and losses Aquilla Training and its partners / affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Aquilla Training reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Aquilla Training and its partners / affiliates. The ECT Act may be downloaded.
- DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Aquilla Training (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Aquilla Training web site;
10.1.2 access to web sites linked to the Aquilla Training web site;
10.1.3 inability to access the Aquilla Training web site;
10.1.4 inability to access web sites linked to the Aquilla Training web site;
10.1.5 content available on the Aquilla Training web site;
10.1.6 services available from the Aquilla Training web site;
10.1.7 downloads, purchases and use of content from the Aquilla Training web site;
10.1.8 any other reason not directly related to Aquilla Training’s gross negligence.
10.2 The Aquilla Training web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Aquilla Training, that the content available from and through the Aquilla Training web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Aquilla Training web site should not be regarded as professional advice or the official opinion of Aquilla Training and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Aquilla Training web site.
10.4 Aquilla Training does not make any warranties or representation that content and services available from the Aquilla Training web site will in all cases be true, correct or free from any errors. Aquilla Training shall take all reasonable steps to ensure the quality and accuracy of content available from the Aquilla Training web site.
10.5 Aquilla Training does not make any warranties or representations that the Aquilla Training web site shall be available at all times. Users acknowledge that the Aquilla Training web site may be unavailable due to updates or other causes beyond the reasonable control of Aquilla Training, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
- REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Aquilla Training web site to Aquilla Training and Aquilla Training undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
- INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Aquilla Training’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Aquilla Training web site, its staff and employees.
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
- ENTIRE AGREEMENT AND SEVERABILITY
13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Aquilla Training and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Aquilla Training from the User.
13.2 Any failure by Aquilla Training to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Aquilla Training agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the Aquilla Training web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 data messages (as defined in the ECT Act) addressed by the User to Aquilla Training shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by Aquilla Training shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to Aquilla Training shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Aquilla Training; and
14.6 the User agrees and warrants that data messages that are sent to Aquilla Training from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
- APPLICABLE AND GOVERNING LAW
The Aquilla Training web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Aquilla Training web site, its content, services and these terms and conditions.
- LEGAL COSTS
Aquilla Training shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2019. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
These are terms and conditions that belongs to Aquilla Training
Last Updated: 10/01/2019