The Services enable Health Professionals (“Professionals”) to connect to recorded instruction, tutoring, and other learning services (the “Courses”). The Services include, without limitation, facilitating and delivering Courses and supporting materials.
Your continued use of The Service after changes become effective, shall mean that you accept those changes. You should visit The Services regularly to ensure you are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
Impact Learning may modify The Services or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If you elect to access or use Our Services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize Impact Learning and/or Payfast to charge your credit card on a regular basis to pay the fees as they are due.
If your payment method fails or your Account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any of The Services pending resolution of any amounts due by you to Impact Learning.
All of your use, access and other activities relating to The Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. You agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa. You must agree to abide by all local rules regarding online conduct and acceptable content.
Your Impact Learning membership will continue until the term you selected expires. Unless you cancel your membership before your payment date, you authorize us to charge your membership fee to your Payment Method. To use the Impact Learning service you must have Internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”).
Whilst we do not provide refunds or credits for any partial membership periods or lessons or Courses, please contact us at: firstname.lastname@example.org
Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. If you want to enquire about a payment made on your account, please contact us at: email@example.com. To cancel your account please email us at firstname.lastname@example.org and we will assist. Whilst we do not provide refunds or credits for any partial membership periods or lessons or Courses, please contact us at: email@example.com
Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time. For all payment related enquiries, please contact us at: firstname.lastname@example.org
5. PASSWORDS & ACCOUNT ACCESS
The member who created the Impact Learning account and whose Payment Method is charged (the “Account Owner”) has access and control over the Impact Learning account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use Payfast) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Impact Learning website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, Impact Learning or our partners from identity theft or other fraudulent activity.
6. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS
It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
7. AVAILABILITY OF WEBSITE
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
8. THIRD PARTY LINKS OR INFORMATION
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
9. DISCLAIMERS OF STATEMENTS/WARRANTIES
Subscriber’s use of the services or items obtained through the services is at its own risk. The services are provided on an “as is” and “as available” basis, without any statements or warranties of any kind, either express or implied. Neither company nor any person associated with company makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company promises that the services or items obtained through the services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or the website or the server that makes it available, are free of viruses or other harmful components, or that the services or items obtained through the services will otherwise meet subscriber’s needs or expectations. Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchant ability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No verbal or written representations, information or advice given by company or its authorized representative shall create a warranty or in any way increase the scope of this warranty.
10. LIMITATION OF LIABILITY
Company does not in any way exclude or limit its liability for (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter for which it would be illegal for company to exclude or attempt to exclude its liability.
This section applies to subscribers: in no event will company, its licensors, employees, agents, officers, or directors be liable to you or any third party for any indirect, consequential losses (where consequential losses means loss arising as a side effect of the main loss), which are not a reasonably foreseeable consequence of such main loss or damage, including but not limited to (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits; (iv) loss of anticipated savings; or (v) loss of data.
Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors, and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
17. COMPLETE UNDERSTANDING
EFFECTIVE DATE: October 1st, 2018
WEBSITE PRIVACY STATEMENT
Impact Learning is committed to protecting your privacy and takes its responsibility regarding the security of customer information very seriously. Our website Privacy Statement sets out what information we collect, how we collect it, what we do with it and how we protect this information.
COLLECTION OF PERSONAL DATA
Information you provide to us: In order to facilitate the provision of education, we collect personal details from you together with information we learn about you from your use of our website. These details may include (where applicable) your name, address, telephone number, e-mail, HPCSA number, ID number and IP addresses, credit/debit card or other payment details, personal goals, account profile photos, ratings, webinar chat, or otherwise provide information to us through our services elsewhere.
Information we collect automatically: We collect information about you and your use of our service, your interactions with us and our advertising, as well as information regarding your computer or other device used to access our service (such as smart TVs, gaming systems and mobile devices). This information includes:
To provide location-based services we may collect, use, and share precise location data, including the real-time geographic location of your computer or device through GPS, Bluetooth, and your IP address, along with crowd-sourced Wi-Fi hotspot and cell tower locations. This location data is collected anonymously, unless you provide consent. You may withdraw consent to Impact Learning and our partners’ collection, use, transmission, processing and maintenance of location and account data at any time by not using the location-based features and turning off the Location Services settings (as applicable) on your device and computer.
USE OF PERSONAL DATA
We use information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use information to: provide products and services you request, contacting you regarding your course, credit or other payment card verification/screening, legal purposes, statistical and marketing analysis, systems testing, customer surveys, customer relations communications and offering you services and products we believe may interest you.
Our legal basis for collecting and using the personal information described in this Privacy Statement will depend on the personal information concerned and the specific context in which we collect and use it. We will normally collect personal information from you where we need the personal information to perform a contract with you (for example, to provide our services to you), where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (for example, our direct marketing activities in accordance with your preferences), or where we have your consent to do so (for example, for you to participate in certain consumer insights activities like specific surveys and focus groups). In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, to prevent payment fraud or confirm your identity). For questions about our use of your personal information (including legal bases and transfer mechanisms we rely on), cookies or similar technologies, please contact our Data Protection Officer/Privacy Office by email at email@example.com.
SHARING INFORMATION ABOUT YOU
We follow strict security procedures in the storage and disclosure of user information.
We may disclose your information to trusted contracted companies who act as “data processors” on our behalf for the purposes set out in this Privacy Statement.
We may also pass your information on to government authorities or enforcement bodies for compliance with legal requirements.
We pass your information on to the HPCSA when submitting your CPD points.
We will ensure that Impact Learning and our services providers process your information in a secure manner and in accordance with this Privacy Statement.
You may be able to access third party social media services through our website or before coming to our website. When you are registered with your social service account, we will obtain the personal information you choose to share with us through these social media services pursuant to their privacy settings in order to improve and personalise your use of our website. This may include a list of friends and reviews of other users in your network. We may also use social media plugins on our website. As a result your information will be shared with your social media provider and possibly presented on your social media profile to be shared with others in your network.
All data collected upon registration in Impact Learning will be processed in line with this Privacy Statement. In your personal Impact Learning user area we store all your course information, so that you can access it whenever you wish.
We understand the importance of taking extra precautions to protect the privacy and safety of children. Accordingly, children under 16 will not be permitted to open an Impact Learning account. We will take reasonable steps to delete any Impact Learning account or information created by a child under 16, as soon as we learn about it.
All payment details are transmitted over a secure connection (Secure Socket Layer-SSL) across dedicated network infrastructure (Multiprotocol Label Switching-MPLS) and stored in compliance with Payment Card Industry Data Security Standards (PCI DSS).
You will have the option to stay signed-in into your Impact Learning account by checking the “remember me” box. This option will only apply to the computer / device and the browser that you’re using when you select the box. If you do not wish to stay signed on a particular browser, simply sign out of your Impact Learning account on that browser.
You may delete your Impact Learning account by contacting Impact Learning support at firstname.lastname@example.org.
DIRECT MARKETING MATERIAL
From time to time we or our selected partners may contact you with information regarding course promotions and ancillary products via email or SMS. However, you will be given the opportunity on every e-communication that we or our trusted partners send you to indicate that you no longer wish to receive our or their direct marketing material.
Email: If you no longer want to receive certain communications from us via email, simply click the “unsubscribe” link in the email. Please note that you cannot unsubscribe from service-related correspondence from us, such as messages relating to your user account transactions or course lesson reminders or information directly relating to your course progress.
We use tracking software to monitor customer traffic patterns and site usage to help us develop the design and layout of the websites. This software does not enable us to capture any personal passenger information.
What are cookies? Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable us to recognise your browser and help us to track visitors to our site; thus enabling us to understand better the products and services that will be most suitable to you. A cookie contains your contact information and information to allow us to identify your computer when you travel around our site for the purpose of helping you accomplish your registration. Most Web browsers automatically accept cookies, but, if you wish, you can set your browser to prevent it from accepting cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. The cookies we use do not detect any information stored on your computers.
For more information about cookies and how to stop cookies being installed visit the following website: http://www.allaboutcookies.org
LINKS TO THIRD PARTY WEBSITES
We take great care to ensure the security of our website. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting personal information and credit card details so that they can be securely transferred over the Internet.
You can request access to your personal information or correct or update out-of-date or inaccurate personal information we hold about you.
You can most easily do this by visiting the “my account” section within your User Area, where you have the ability to access and update your contact information. You must be signed in to access the “my account” section. You may also request that we delete personal information that we hold about you.
To make requests, or if you have any other questions regarding our privacy practices, please contact our data protection officer/privacy office at email@example.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Please also see the “your choices” section of this privacy statement for additional choices regarding your information.
You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information; if we have collected and process your personal information with your consent, then you can withdraw your consent at any time; withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent; you have the right to complain to a data protection authority about our collection and use of your personal information by contacting us.
We may retain information as required or permitted by applicable laws and regulations, including to honour your choices, for our billing or records purposes and to fulfill the purposes described in this privacy statement. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.
CHANGES TO PRIVACY STATEMENT
Our Privacy Statement may change from time to time and any changes to the statement will be posted on this page.