READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING,
AND/OR OTHERWISE USING THE AVITUS PRODUCT SERVICE PLATFORM, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT
ACCESS, BROWSE OR OTHERWISE USE THE.
Avitus Product Services are offered to you subject to your
acceptance, without modification (other than Special Terms which may
be agreed by the parties pursuant to these Terms of Service), of all
of the terms and conditions contained herein and all other operating
rules, policies, the Terms (as defined below) and any future
modifications thereof, and procedures that may be published from time
to time on the Platform or made available to you on or through the
Avitus Product Services (collectively, the “Terms”). When
accepted by you, these Terms form a legally binding contract between
you and Supplier (as defined below). If you are entering into these
Terms on behalf of an entity, such as your employer or the company
you work for, you represent that you have the legal authority to bind
may, in its sole discretion, elect to suspend or terminate access to,
or use of the Avitus Product Services to anyone who violates these
- any actions of using the product service.
- the set of rights and privileges on the platform assigned to a User
by an administrator.
- a natural or legal person who has accepted these Terms with the
Data - files, documents of any kind and any other digital data and
information, which is subjected to the Avitus Product Services or
otherwise inserted to the System by the Client.
- any data and information available through the Avitus Product
Services or contained within the structure of the System, articles,
documents, brochures, presentations, pictures, images, audio-visual
works, other informational materials and any comments.
- regular payment for using an activated account.
Product Services - the Web Site, Services, System, Content, Platform
and all content, services and/or products available on or through the
- the goods or services that a Client is offering to persons and
Terms - any particulars, specifications and conditions by which the
parties have agreed to deviate from these Terms.
– Avitus Software (Pty) Ltd (2015/195873/07)
- the integrated cloud computing solution for providing the Avitus
Product Services, including applications, software, hardware, data
bases, interfaces, associated media, documentation, updates, new
releases and other components or materials provided therewith.
- a natural person granted with the Authorisation to use the Account
on behalf of a Client.
Authority to Enter into These Terms with Supplier
use of the Avitus Product Services is subject to acceptance of these
Terms. To accept these Terms for itself or on behalf of a Client, a
person must have the legal capacity to do so. In the case of an
individual, the individual must be at least 18 years of age or have
valid authorisation from his/her legal representative or custodian.
In the case of a legal entity, the entity must be duly incorporated
and in good standing.
Terms are accepted as soon as one of the following occurs first:
the person has received the
confirmation of the creation of an Account and necessary credentials
from Supplier in order to log in to his/her/its Account; or
for those Avitus Product
Services and parts of which is not dependent on creating an Account,
upon the moment of gaining access to such services.
may not, without Supplier’s prior written consent, access the
Avitus Product Services (i) for production purposes, (ii) if you are
a competitor of Supplier, (iii) to monitor the availability,
performance or functionality of the Avitus Product Services or (iv)
for other benchmarking or competitive purposes.
accepted, these Terms remain effective until terminated as provided
Modifications to Terms
reserves the right, at its sole discretion, to change, modify, add,
or remove portions of the Terms at any time by posting such changes
on or through the Platform or the Avitus Product Services. Please
check these Terms periodically for changes. Your continued use of the
Avitus Product Services after such changes have been posted as
provided above constitutes your binding acceptance of such changes.
Such amended Terms will automatically be effective upon your
continued use of the Avitus Product Services. Notwithstanding the
foregoing, the resolution of any dispute that arises between you and
Supplier will be governed by the Terms in effect at the time such
of Avitus Product Services.
Supplier will (a) make the Avitus Product Services, Content and
Client Data available to a Client pursuant to these Terms, (b)
provide applicable standard helpdesk support using
for the Avitus Product Services to Client , and/or upgraded support
(for an additional charge, if applicable), (c) use commercially
reasonable efforts to make the Avitus Product Services available 24
hours a day, 7 days a week, except for: (i) planned downtime (of
which Supplier shall give advance electronic notice as provided in
the Guidelines), and (ii) any unavailability caused by circumstances
beyond Supplier’s reasonable control, including, for example, an
act of God, act of government, flood, fire, earthquake, civil unrest,
act of terror, strike or other labour problem, Internet service
provider failure or delay, or denial of service attack.
Using the Avitus Product Services
Establishing an Account.
Features, functions, parts or elements of the Avitus Product Services
can be used or accessed only by holders of an Account. The person who
wishes to create an Account must accept these Terms.
Client has designated Users and granted them Authorisation, such
Users will be deemed to be authorised to act on behalf of Client when
using the Account. Supplier is not responsible for verifying the
right of representation or validity of Authorisation of any User.
However, Supplier may ask additional information or proof of the
User may be associated with multiple Clients and Accounts. Deleting a
User from one Account will not remove the User from the Platform if
he/she is connected to multiple Accounts.
Client and any User associated with an Account must provide Supplier
with true, accurate, current, and complete information about the
Client, Users or Account and keep it up to date.
Logging into an Account.
Supplier shall provide Client with a username and password (“Login
Credentials”) to be used to log in to its Account. These Login
Credentials must not be used by multiple persons. If Client has
designated several Users, each User will be provided with separate
Login Credentials. Client and each User are responsible for keeping
confidential all login credentials associated with an Account. Client
must promptly notify Supplier:
of any disclosure, loss or
unauthorised use of any Login Credentials;
of a User’s departure from
the Client’s organisation;
of a change in a User’s
role in the Client’s organisation;
of any termination of a
User’s right for any reason.
Termination of Account.
Client may terminate these Terms at any time by giving 30 day written
notice of such termination. Supplier shall permanently disable the
Account as soon as reasonably practicable after the effective date of
Fees. The use of an
Account is subject to a Fee. Fees may include provisioning fees to
setup the platform and/or recurring monthly fees. All Fees are
non-refundable, i.e. there are no refunds or credits for periods
where the Client did not use an activated Account, used it only
partially, or deactivated the Account or terminated these Terms
during an ongoing payment interval.
Fees are exclusive of all taxes, levies or duties applicable under
any applicable law, unless stated otherwise stated herein. Fees are
payable in advance.
Uploading Client Data to Platform.
When the Client Uploads Client Data to the Platform, such Client Data
and any processing of such Client Data must be in compliance with
these Terms and applicable law. All rights, title and interest in and
to the Client Data belong to the Client or third persons (including
Users, persons and Organisations) whether posted and/or uploaded by
you or made available on or through the Avitus Product Services by
Supplier. By uploading Client Data to the Platform, Client authorises
Supplier to process the Client Data the Client is responsible for
the Client and any of the
Users associated with the Account do not create, transmit, display
or make otherwise available any Client Data that violates the terms
of these Terms, the rights of Supplier, other Clients or Users,
persons or Organisations or is harmful (for example viruses, worms,
malware and other destructive codes), offensive, threatening,
abusive, harassing, tortuous, defamatory, vulgar, pornographic,
obscene, invasive of another’s privacy, defamatory, hateful or
otherwise unlawful; and
the Client and all of the
Users associated with the Account have the necessary rights to use
the Client Data, including to insert it into the Platform and
process it by means of the Account.
No Guarantee of Accuracy.
Supplier does not guarantee any accuracy with respect to any
information contained in any Client Data. You understand that all
information contained in Client Data is the sole responsibility of
the person from whom such Client Data originated. This means that
Client, and not Supplier, is entirely responsible for all Client Data
that is uploaded, posted, transmitted, or otherwise made available
through the Avitus Product Services, as well as for any actions taken
by the Suppliers or other Clients or Users as a result of such Client
Unlawful Client Data.
Supplier is not obliged to pre-screen, monitor or filter any Client
Data or acts of its processing by the Client in order to discover any
unlawful nature therein. However, if such unlawful Client Data or the
action of its unlawful processing is discovered or brought to the
attention of Supplier or if there is reason to believe that certain
Client Data is unlawful, Supplier has the right to:
notify the Client of such
unlawful Client Data;
deny its publication on the
platform or its insertion to the platform;
demand that the Client bring
the unlawful Client Data into compliance with these Terms and
temporarily or permanently
remove the unlawful Client Data from the Web Site or Account,
restrict access to it or delete it and/or suspend the Client
Supplier is presented convincing evidence that the Client Data is not
unlawful, Supplier may, at its sole discretion, restore such Client
Data, which was removed from the platform or Account or access to
which was restricted.
addition, in the event Supplier believes in its sole discretion
Client Data violates applicable laws, rules or regulations or these
Terms, Supplier may (but has no obligation), to remove such Client
Data at any time with or without notice.
Use of the Avitus Product Services.
Subject to these Terms, and the payment of the applicable service
Fee, Supplier grants Client and its authorised users a non-exclusive,
non-transferable, non-sub-licensable license to use the Avitus
Product Services to:
collect, store and organise
Client Data, such as add new Persons and Organisations, add new
Users and grant them Authorisations, assign Activities to a
modify and delete Client
receive reasonable help and
guidance from Supplier regarding the use of the Avitus Product
Supplier shall provide reasonable technical support to Client having
accepted these these Terms and its authorised User/s at the
reasonable request of the Client. Supplier shall respond to enquiries
of support from a Client utilising the contacts set forth below as
soon as reasonably possible. The contacts for all enquiries of
support are firstname.lastname@example.org
Modifications to Service.
Supplier reserves the right to modify the Avitus Product Services or
any part or element thereof from time to time without prior notice,
including, without limitation:
rebranding the Avitus Product
Services at its sole discretion;
ceasing providing or
discontinuing the development of any particular Avitus Product
Service or part or element of the Platform temporarily or
taking such action as is
necessary to preserve Supplier’s rights upon any use of the Avitus
Product Services that may be reasonably interpreted as violation of
Supplier’s intellectual property rights, distribution of Internet
viruses, worms, Trojan horses, malware, and other destructive
activities or illegal activity.
applicable, Client may be notified of the effective date of such
modifications. If the Client does not accept the change, the Client
shall notify Supplier before the effective date of the modification,
and these Terms will terminate on the effective date of the
modification. The Client’s continued use of the Avitus Product
Services, or any part or element thereof, after effective date of
modifications shall indicate its consent to the changes. Supplier
shall not be liable to the Client or to any third person for any
modification, suspension or discontinuance of the Avitus Product
Services, or any part or element thereof.
Client and its authorised Users may use the Avitus Product Services
and any part or element thereof only in the scope, with the means and
for purposes as identified in these Terms and applicable law. By way
of example, neither the Client nor any User may:
use the Avitus Product
Services or any part or element thereof to commit a crime, breach
any applicable law or entice or invite others to carry out such
copy, duplicate, distribute,
modify, adapt, hack, create derivative works, reverse engineer or
decompile the Avitus Product Services or any part or element
thereof, or attempt to extract the source code thereof, unless (i)
it is expressly allowed under applicable law, and (ii) to the extent
that the Supplier is not permitted by that applicable law to exclude
or limit the foregoing rights;
use the Avitus Product
Services or any part or element thereof unless it has agreed to
Certain Uses Require Supplier Consent.
The Client or any User may not, without Supplier’s prior express
written consent sell, resell, lease, license, sublicense, distribute,
provide, disclose, divulge, exploit or otherwise grant Access or make
the Avitus Product Services available in whole or in part to any
third persons, unless such third person is another authorised User of
the same Client.
Intellectual Property Rights
Supplier Intellectual Property Rights in the Avitus Product Services.
The Avitus Product Services, Supplier trade names and trademarks, and
any parts or elements thereof are solely and exclusively owned and
operated by Supplier and its third party vendors and hosting
partners. Avitus Product Services are protected by copyright, trade
dress, patent, trade secrets, and trademark laws, international
conventions and treaties, and all other relevant intellectual
property and proprietary rights laws. Supplier, its affiliates and
licensors retains all right, title and interest in such Avitus
Product Services, Supplier trade names and trademarks, and any parts
or elements. Your use of the Avitus Product Services, and any parts
or elements does not grant to you any ownership right or intellectual
property rights therein. Any commercial or promotional distribution,
publishing or exploitation of the Avitus Materials is strictly
prohibited unless you have received the express prior written
permission from Supplier or the otherwise applicable rights holder.
Supplier reserves all rights to the Avitus Product Services and
Supplier trade names and trademarks not expressly granted in the
Content Owned by Supplier.
Subject to these Terms and the payment of the applicable service Fee,
Supplier grants Client and its authorised users a non-exclusive,
non-transferable, non-sub-licensable license solely for your
personal, non-commercial use if you retain all copyright and
proprietary notices that are contained in such part of the Content.
You expressly acknowledge that you do not acquire any ownership
rights by downloading any copyrighted material from or through the
Platform or the Avitus Product Services. You shall not copy,
distribute or publish any Content or any information obtained or
derived therefrom except as permitted on or through the Avitus
Product Services or as otherwise permitted by applicable law.
Supplier may use Client Data
in an aggregated and anonymised format for research, educational and
other similar purposes. Supplier may not otherwise use or display
Client Data without Client’s written consent. Supplier respects
your right to exclusive ownership of your Client Data. Unless
specifically permitted by you, your use of the Avitus Product
Services does not grant Supplier the license to use, reproduce,
adapt, modify, publish or distribute the Client Data created by you
or stored in your Account for Supplier’s commercial, marketing or
any similar purpose. Client expressly grants Supplier the right to
use and analyse aggregate system activity data associated with use
of the Avitus Product Services by Client and its Users for the
purposes of optimising, improving or enhancing the way the Avitus
Product Services operate, and to create new features and
functionality in connection with the Avitus Product Services in the
sole discretion of Supplier.
Client is solely responsible
for its own Client Data and the consequences of posting or
publishing them on or through the Avitus Product Service.
Feedback. If Client
or a User provides Suppliers with any comments, bug reports,
feedback, or modifications for the Avitus Product Services
(“Feedback”), Supplier shall have the right to use such Feedback
at its discretion, including, but not limited to the incorporation of
such suggested changes into the Avitus Product Services. Client or
User (as applicable) hereby grants Supplier a perpetual, irrevocable,
nonexclusive, royalty free license under all rights necessary to
incorporate, publish, reproduce, distribute, modify, adapt, prepare
derivative works of, publicly display, publicly perform, exploit and
use your Feedback for any purpose.
Third-Party Sites, Products and Services
Avitus Product Services may include links to other websites or
services (“Linked Sites”) solely as a convenience to Clients.
Supplier does not endorse any such Linked Sites or the information,
material, products, or services contained on or accessible through
Linked Sites. Furthermore, Supplier makes no express or implied
warranties with regard to the information, material, products, or
services that are contained on or accessible through Linked Sites.
Disclaimers; No Warranty
The Client acknowledges and
agrees that in entering into this terms and conditions agreement it
does not rely on any undertaking, promise, assurance, statement,
representation, warranty or understanding (whether in writing or
not) of Supplier and/or its directors / shareholders / trustees
relating to the subject matter of this Agreement.
Supplier and the Directors /
Shareholders / Trustees or any of its employees or representatives
or subsidiaries shall have no liability to the Client under this
Agreement if it is prevented from performing its obligations under
this Agreement, or from carrying on its business, by acts, events,
omissions or accidents beyond its reasonable control, including,
without limitation, strikes, lock-outs or other industrial disputes
(involving the workforce of Supplier or any other party), failure of
a utility service or transport or telecommunication network, act of
God, war, riot, civil commotion, malicious damage, compliance with
any law or governmental order, rule, regulation or direction,
accident, breakdown of software or internet website, application or
content, fire, flood, storm or default of sub-contractors.
You agree to defend,
indemnify and hold harmless Supplier and its affiliates, and their
respective directors, officers, employees and agents, from any
claims, losses, damages, liabilities, including attorney’s fees,
arising out of your use or misuse of the Avitus Product Services,
Avitus Materials, representations made to the Supplier, its
affiliates and/or third parties, violation of these Terms, violation
of the rights of any other person or entity, or any breach of the
foregoing representations, warranties, and covenants. Supplier
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify Supplier, and you agree to cooperate with such defense of
Supplier and its Directors /
Shareholders / Trustees total aggregate liability for negligence or
breach of statutory duty, in contract, misrepresentation,
restitution or otherwise, arising in connection with the performance
or contemplated performance of this Agreement shall be limited to
the total amount of the fee in this agreement in the event of a
Limitation of Liability
Supplier shall not be liable to the Client or User for any
consequences resulting from:
any modifications in these
Terms, calculation and rates of Fees, the Avitus Product Services,
Supplier Material, or any part or element thereof (including but not
limited to Account), including any error, permanent or temporary
interruption, discontinuance, suspension or other type of
unavailability of the Avitus Product Services or Supplier Material;
deletion of, corruption of,
or failure to store any Client Data;
use of Client Data by the
Client or any of the Users associated with the Account;
any disclosure, loss or
unauthorised use of the login credentials of Client or any
authorised User due to Client’s failure to keep them confidential;
the application of any
remedies against the Client or authorised Users by the Supplier, for
example if the Client or User has committed a crime or conducted a
breach of applicable law by using the Avitus Product Services or any
part or element thereof;
the differences between
technologies and platforms used for access, for example if certain
features, functions, parts or elements of the Avitus Product
Services are designed for use on a personal computer or laptop and
do not function on a mobile platform or a tablet;
the Supplier’s application
of the remedies described in these Terms, even if the reasonable
grounds or legal basis for the application of these remedies turned
out to be unfounded or invalid afterwards.
addition, Supplier and its affiliates shall not be liable to the
Client for any claim by any User, person, Organisation or third
persons against the Client arising out of the Client’s failure to:
provide Supplier with
accurate information about the Client, Users or Account;
notify Supplier of any
reasons due to which a User does not have the right to use the
Account on behalf of the Client;
provide any Products which it
has agreed to provide to such a person or Organisation (whether such
failure arises as a result of Supplier’s negligence, breach if
these Terms or otherwise);
ensure the lawfulness of the
obtain the necessary rights
to use the Client Data; or
abide by any of the
restrictions described in these Terms.
Exclusion of Consequential and Related Damages.
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY
ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS,
REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION
IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY,
EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’
REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING
DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Termination of These Terms
These Terms may be terminated for convenience upon written notice to
the other party as indicated in the “Notice” Section below:
by Supplier upon decision to
end provision of the Avitus Product Services and close the Platform;
immediately by either party,
if proceedings are initiated for the other party’s liquidation or
insolvency or a negotiated settlement with the other party’s
creditors is concluded or an assignment is made on behalf of the
other party for the benefit of creditors.
For Default. These
Terms may be terminated for default upon written notice to the other
party as indicated in the “Notice” Section below by either party
in case of breach of these Terms by the other party, if the breach
has not been cured within 30 days of receipt of a notice from the
non-breaching party; or
Effect of Termination.
Upon termination of these Terms,
Supplier shall deactivate and
permanently disable the Account, as soon as reasonably practicable
after the effective date of termination of these Terms. If the
Client has specifically requested for an earlier deletion of the
Account, Supplier shall fulfil such request within 1 month of its
receipt of such request.
stop using and prevent the
further usage of the Avitus Product Services, including, without
limitation, the Platform;
pay any amounts owed to
Supplier under these Terms; and
discharge any liability
incurred by the Client before under these Terms prior to their
The following provisions
shall survive the termination of these Terms: Sections 1, 8, 9, 11,
12, 13, 15 and 16.
Supplier terminates these Terms as a result of an uncured breach by a
Client or User, Supplier is entitled to use the same or similar
remedies against any other persons who use the Avitus Product
Services in conflict with these Terms. Notwithstanding the foregoing,
Supplier may also apply any other remedies available to it under the
applicable law. Upon application of any remedies, the Client or User
may lose Access or suffer a loss of certain features, functions,
parts or elements of the Avitus Product Services.
Supplier has reasonable grounds to believe that the Client’s or
User’s use of the Avitus Product Services, including the Account
may harm any third persons, Supplier has the right to take adequate
measures under its control to prevent, stop and eliminate the harm,
where possible, in order to protect those third persons.
Governing Law and Jurisdiction.
agreement is the exclusive and complete agreement between the parties
and no warranties, guarantees, representations or any other terms and
conditions of whatsoever nature not contained herein will be binding
to the parties. South
African laws are applicable regarding the use. Users
consent to the Jurisdiction of the Gauteng High Court, Pretoria
and/or the Pretoria Magistrates’ Court in the event of any civil
Relationship of the Parties.
The parties will act solely as independent contractors. These Terms
shall not be construed as creating an agency, partnership, joint
venture, fiduciary duty, or any other form of legal association
between the Client and either Supplier, and the Client shall not
represent to the contrary, whether expressly, by implication,
appearance or otherwise. These Terms are not for the benefit of any
any term, condition or provision of these Terms is held to be
invalid, unenforceable or illegal in whole or in part for any reason,
that provision shall be enforced to the maximum extent permissible so
as to effect the intent of the parties. The validity and
enforceability of the remaining terms, conditions or provisions, or
portions of them, shall not be affected.
may not, directly or indirectly, in whole or in part, by operation of
law or otherwise, assign or transfer these Terms or delegate any of
its rights and/or obligations under these Terms without Supplier’s
prior written consent. Any attempted assignment, transfer or
delegation without such prior written consent will be void and
unenforceable. Notwithstanding the foregoing, the Client, or its
permitted successive assignees or transferees, may assign or transfer
these Terms or delegate any rights or obligations hereunder without
consent: (1) to any entity controlled by, or under common control of
the Client, or its permitted successive assignees or transferees; or
(2) in connection with a merger, reorganisation, transfer, sale of
assets or product lines, or change of control or ownership of the
Client, or its permitted successive assignees or transferees.
No Waiver. Failure
of either Party to exercise or enforce any provision of or any of its
rights under these Terms shall not be deemed a waiver of future
enforcement of that or any other provision or right.
Except as otherwise specified in these Terms, all notices related to
these Terms will be in writing. Billing-related notices to you will
be addressed to the relevant billing contact designated by you. All
other notices to you will be addressed to the relevant Services
system administrator designated by you.
Your account has expired. Select the login button to view your progress.
You will be able to download certificates for the modules which you have completed.
Navigate to the Overall Progress tab of each module from the User Progress menu and select the Certificate button to download certificates.
Where a module includes assessment questions, certificates will only be available when all your assessments has been marked.
Contact your system administrator if you need to complete any modules.
Welcome to the Avitus Online Training Platform.
You, the Registered User, agree and accept the following terms and conditions to access the User Portal:
- You will keep your password secure.
- You will not share your access details with any other person.
- The Course Material is protected by Copyright, you will not reproduce or share the material in any way whatsoever.
Avitus reserves the right to block your access to the system for suspected copyright infringement.
In order to derive the full benefit of the course, you should complete the course without assistance from anyone else.