This agreement applies between you, the User of this Website and OHSREC (PTY) LTD T/A SAMREC, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services and/or Products. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that OHSREC (PTY) LTD T/A SAMREC makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the OHSREC (PTY) LTD T/A SAMREC proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 125 Ian Street, Flimieda, Klerksdorp, 2571;
"System": means any online communications infrastructure that OHSREC (PTY) LTD T/A SAMREC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by OHSREC (PTY) LTD T/A SAMREC and acting in the course of their employment;
"Website": means the website that you are currently using (samrec.getlearnworlds.com); and
"We/Us/Our": means OHSREC (PTY) LTD T/A SAMREC, a company incorporated in the Republic of South Africa with Company Registration Number 2000/019934/07, located at 125 Ian Street, Flimieda, Klerksdorp, 2571.
“Order”: means a request for a product or service of Ours to be supplied
“Products”: means the products available to you through this Website, specifically use of the OHSREC (PTY) LTD T/A SAMREC proprietary e-learning platform;
Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Products and/or Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of OHSREC (PTY) LTD T/A SAMREC, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Republic of South Africa and International intellectual property and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may not be re-used without written permission.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of OHSREC (PTY) LTD T/A SAMREC or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site samrec.getlearnworlds.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@samrec.biz.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of OHSREC (PTY) LTD T/A SAMREC or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that OHSREC (PTY) LTD T/A SAMREC reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that OHSREC (PTY) LTD T/A SAMREC may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that we may modify any information you send to Us through Our System in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 To procure Products and/or Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required, and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment, then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month unless you can provide legitimate proof that the provision, order or payment was not authorised by the User. If sufficient proof is provided, the unauthorised provision, order or payment will be refunded to the User within 14 days.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
- 11.1 Either OHSREC (PTY) LTD T/A SAMREC or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and the provision of Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Products and/or Services available from OHSREC (PTY) LTD T/A SAMREC correspond to the actual Products and/or Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Products and/or Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Products and/or Services, not different Products and/or Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Products and/or Services.
- 12.3 We neither represent nor warrant that such Products and/or Services will be available at all times. Only available Products and/or Services will be listed on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Our sending you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between OHSREC (PTY) LTD T/A SAMREC and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Products and/or Services begin and shall contain the following information:
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13.2.1 Confirmation of the Products and/or Services ordered;
- 13.2.2 Fully itemised pricing for the Products and/or Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
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13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so.
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13.6 OHSREC (PTY) LTD T/A SAMREC shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
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13.8 OHSREC (PTY) LTD T/A SAMREC provides technical support via our online support forum and/or phone. OHSREC (PTY) LTD T/A SAMREC makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
- 13.9 Due to the evolving nature of the Occupational Health and Safety laws in the Republic of South Africa, all Services and/or Products will be available for one (1) year from the date of access. This allows Us to review and update our Services and/or Products. Once they have been updated, a new Order will need to be placed to access the Services and/or Products.
We want you to be completely satisfied with the Services and/or Products you order from
OHSREC (PTY) LTD T/A SAMREC. If you need to speak to us about your Order, then please contact customer care by email at
info@samrec.biz. You may request a cancellation of Services and/or Products and receive a refund. If any Specific Terms accompanying the Services and/or Products contain terms about cancelling the Services and/or Products, the cancellation policy in the Specific Terms will apply.
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14.1 If you would like to request a cancellation of Services and/or Products, please inform Us immediately using the following email: info@samrec.biz.
- 14.2 In order for a cancellation, and in turn a refund, to be considered, the following requirements need to be met:
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14.2.1 The request must be made within 14 days of payment being processed for the Services and/or Products that you would like to cancel.
- 14.2.2 No content of the Services and/or Products that you are requesting cancellation for may have been consumed.
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14.3 We will respond with the outcome of your request within 48 hours of receiving the request via email.
Use of the Website is also governed by Our Privacy Policy (samrec.getlearnworlds.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Protection of Personal Information Act (POPIA) and your rights under that Act.
- 16.2 We may use your personal information to:
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16.2.1 Provide Our Services and/or Products to you;
- 16.2.2 Process your payment for the Services and/or Products; and
- 16.2.3 Inform you of new Services and/or Products available from Us. You may request that We stop sending you this information at any time.
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16.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services and/or Products.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. OHSREC (PTY) LTD T/A SAMREC uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts OHSREC (PTY) LTD T/A SAMREC's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services and/or Products or out of reliance on incorrect information included on the Website.
- 20.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and OHSREC (PTY) LTD T/A SAMREC.
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24.1 All notices/communications shall be given to Us either by email to info@samrec.biz. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday or after hours on a business day.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our Services and/or Products. If you do not wish to receive such information, once logged into your Account, follow these steps:
- 24.2.1 Click on “Me“ in the top right-hand corner
- 24.2.2 Select “Profile” from the dropdown menu
- 24.2.3 Click on “Privacy Settings” on the left-hand side of the pop-up window
- 24.2.4 Tick or untick your preferred options
- 24.2.5 Click “Save”
These Terms and Conditions and the relationship between you and OHSREC (PTY) LTD T/A SAMREC shall be governed by and construed in accordance with the Laws of the Republic of South Africa and OHSREC (PTY) LTD T/A SAMREC and you agree to submit to the exclusive jurisdiction of the Republic of South Africa.
- Once issued, we will keep certificates on file for a period of 6 months from the date of issue.
- Thereafter, should a learner require a new certificate, we can re-issue one, provided the certificate has not expired (our certificates are valid for 3 years).
- Should a certificate have expired, we will not re-issue a new one. The learner will need to complete a refresher training course in order to obtain a new certificate.
- We offer discounted rates for training courses, depending on how long it has been since the certificate expired.
- We keep record of training that has been completed for 10 years.
