Last updated May 2021
- Please ensure you’ve read our distinct sections on Privacy, Intellectual Property, Refunds and Disclaimers & Indemnities.
- Please pay specific attention to the BOLD paragraphs of the iXperience Terms. These paragraphs limit the risk or liability of iXperience, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify iXperience or is an acknowledgement of any fact by you.
- Please read these Terms carefully before accessing or using the Website or Student Portal.
- These Terms govern the access and/or use by you, an individual, of websites, content, and services (the “Website”) and Student Portal made available by iXperience.
- The words "you", “your" and “user” are used interchangeably in these Terms and refer to all persons accessing the Website or Student Portal for any reason whatsoever. In addition, the words “we”, “us” or “our” used refers to iXperience.
- Not all terms are necessarily defined in order.
- These Terms were last updated on 10 April 2019.
- Your access to and use of the Website and/or Student Portal constitutes your agreement to be bound by these Terms and establishes a contractual relationship between you and iXperience. If you do not agree to these Terms, you may not access or use the Website and/or Student Portal.
- These Terms expressly supersede any prior agreements or arrangements with between you and iXperience. iXperience may immediately terminate these Terms or the Website, or generally cease offering or deny access to the Website or Student Portal or any portion thereof, at any time, for any reason in its sole discretion, but we shall provide you with notice of such termination.
- Additional terms may apply to certain Services, such as the terms for a particular activity or event, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Services.
- iXperience may amend the Terms related to the Website and Student Portal from time to time. Amendments will be effective upon iXperience’s posting of such updated Terms on this location or the amended policies or supplemental terms. It is your responsibility to be aware of any updates which become applicable. Your continued access or use of the Website or Student Portal after such posting constitutes your consent to be bound by the Terms, as amended.
- The Program and Services
- iXperience facilitates an academic program to its successful participants which includes an educational cultural tour hosted in a city that iXperience operates (“Program”). Those users who are successful in their application to iXperience will be required to sign a separate document that outlines the terms and conditions of the user’s participation and forms part of the user’s overall obligations to iXperience and vice versa.
- iXperience’s services include but are not limited to facilitating educational instruction, reasonable accommodation and activities to those users who participate in the Program (“Services”).
- Unless otherwise agreed by iXperience in a separate written agreement with you, the use of the Website and Student Portal are made available solely for your personal, non-commercial use.
- Relationships Between the Parties
- The relationship between you and iXperience is governed by these Terms, including but not limited to our policies, participant terms and conditions and any other document which governs the user’s participation in the Program.
- If you make use of our Website or Student Portal, you do so entirely at your own risk.
- Subject to your adherence to the Terms, iXperience grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Student Portal and Website on any machine which you are the primary user. However, nothing contained on the Website or Student Portal should be construed as granting any licence or right to use any intellectual property without the prior written permission of iXperience.
- The Services may be made available or accessed in connection with third-party services and content (including advertising) that iXperience does not control.
- iXperience does not endorse such third-party services and content and in no event shall iXperience be responsible or liable for any products or services of such third party providers.
- Your Use of the Student Portal, Website, and Warranties
In order for you and/or your ward to attend the Program, you must register for and maintain an active personal user Services account (“Student Portal”).
- You must be at least 18 (eighteen) years of age to obtain and use the Student Portal.
- You may not authorize third parties to use your Student Portal, and you may not allow persons under the age of 18 (eighteen) to use your Student Portal.
- Program registration requires you to submit to certain personal information, such as your name, physical/email address, tertiary education institution, emergency contact information, mobile phone number and age, flight itinerary, passport information, as well as at least one valid payment method (either a credit card or accepted payment partner).
- You agree to maintain accurate, complete, and up-to-date information in your Student Portal.
- Your failure to maintain accurate, complete, and up-to-date Student Portal information may result in your inability to access and use the Services or iXperience’s termination of these Terms with you.
- You are responsible for all activity that occurs under your Student Portal and you agree to maintain the security and secrecy of your Student Portal username and password at all times.
- Unless otherwise permitted by iXperience in writing, you may only possess one Student Portal.
- You may not assign or otherwise transfer your Student Portal to any other person or entity.
- Student Portal holders may make a request for a specific Program which iXperience may or may not be able to approve for a variety of factors. Whether or not iXperience accepts a participant’s application depends on various factors, including but not limited to, the availability of the selected course, the number of users in the course, and receipt of payment or payment authorisation by iXperience for the Program fee requested.
- Prior to the Services being rendered by iXperience, iXperience may reject an application or cancel a Program at any time due to:
--the Program being unavailable; and/or
--any other reason in iXperience’s sole discretion.
- You agree to comply with all applicable laws when using the Website, Student Portal and Services, and you may only use the aforesaid for lawful purposes. You will not, in your use of the Website or Student Portal, harass, abuse, cause nuisance, annoyance, inconvenience, or property damage, whether to iXperience, their contractors or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Student Portal and/or Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity via the Student Portal or other methods approved by iXperience.
- You are responsible for obtaining the data network access necessary to use the Website and/or Student Portal. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website and/or Student Portal from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and Student Portal and any updates thereto. iXperience does not guarantee that the Website or Student Portal, or any portion thereof, will function on any particular hardware or devices. In addition, the Website and/or Student Portal may be subject to malfunctions and delays inherent in the use of the internet and electronic communications and technologies.
- You understand that attending the Program will result in charges to you for the Services you receive from iXperience (“Program fees”). The Program fees and its applicability are detailed on the Student Portal.
- After you have applied and accepted on the Student Portal, but before you have participated in the Program, you will facilitate your payment of the applicable Program fees using iXperience’s recommended payment methods.
- Whilst Program fees may be refunded to you in the context of cancelled Program attendance or otherwise as provided for in our distinct Refund Policy, any deposit paid is final and non-refundable, unless otherwise determined by iXperience in accordance with relevant applicable legislation.
- You understand and agree that your participation in any Program could involve additional fees for items such as food, medical treatment, legal fees, personal expenses, transport or extra activities. These additional costs are not part of the Program fees levied by iXperience, and are at all times to be paid by you, as and when required.
- iXperience may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.
- You can obtain a full record of your payment for any transaction conducted via the Student Portal or by emailing us at firstname.lastname@example.org.
- Cancellations and Refunds
- Please see our distinct Refund Policy for more information about cancellation of the Program and refund of Program fees.
- General User Responsibilities and Warranties
- By using the Website and/or Student Portal, you warrant that you:
- Purposes for which we will use your personal data:
- have read and agreed to these Terms and will use the Website and Student Portal in accordance with the Terms;
- will not post, upload, replicate or transmit any abusive content on the Website or Student Portal that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, or in breach of privacy or confidence;
- will not send any unsolicited data messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website and/or Student Portal including but not limited to uploading or making available files containing corrupt data or viruses via whatever means, or deface, alter or interfere with the front end ‘look and feel’ of the Student Portal, Website or their underlying software code;
- will not infringe any third party or the Website’s or Student’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute; an
- will not facilitate or assist any third party to do any of the above.
- Email Receipt and Transmission
Data messages, including e-mails, sent by you to us will be considered to be received only when acknowledged or responded to by us.
Data messages sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
We reserve the right to not respond to an email or data message that is threatening, defamatory, obscene or otherwise unlawful or inappropriate and to take reasonably action against the sender of the message where necessary.
Communication sent through the internet is not guaranteed to be completely secure and we are, therefore, not responsible for the accuracy of any message sent by e-mail or messenger over the internet, whether from us to a user or from a user to us.
- Hyperlinks, Deep Links, and Framing
- The Student Portal or Website may include links to other internet sites ("the other sites"). iXperience does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. The hyperlinks to the other sites do not imply any endorsement, agreement on or support of the content or products of such sites.
- iXperience does not purport to own the content on other sites which may be shown on the Student Portal or Website. Should the owner of any content showcased on the Website want the content to be removed, please send us an email to email@example.com and iXperience will engage you on the request to remove the content.
- Third Party Advertising
Third party advertising may be contained on the Website. The third-party advertiser is responsible for ensuring that its advertising materials on the Website complies with all applicable laws and regulations.
iXperience, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
- Protection of Intellectual Property
- All intellectual property, including but not limited to any data, software, user-interfaces, layouts (including the organisation and layout of the Student Portal), text, designs, copyright, graphics, material, information, images, sound clips, advertisements, video clips, trade names and marks, logos, together with the underlying software code on the Website and Student Portal (“intellectual property”) are owned (or co-owned or licensed, as the case may be) by iXperience, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
- Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Student Portal and related to the Services are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, content, graphics or other material on the Website or Student Portal or the underlying software code whether in whole or in part, without the written consent of iXperience first being granted, which consent may be refused at the discretion of iXperience. No modification of any intellectual property or content or graphics is permitted.
- We reserve the right to change and/or improve the information and intellectual property on the Website and Student Portal, suspend or terminate the Website and/or Student Portal at any time, without notice to you and provided that any transaction already concluded will not be affected by any suspension or termination, as applicable.
- Any enquiries regarding any of the above relating to intellectual property must be directed to iXperience at firstname.lastname@example.org.
- Privacy and Personal Information
- Should you decide to register with or function as a user on the Student Portal or for the Services, iXperience may collect, collate, process, and use the following types of information about you when you apply for the Program (“personal information”):
- Information provided by the user. iXperience collects personal information (that is information about the user that is personally identifiable such as the user’s name, physical/e-mail address, age, geo-location, tertiary education institute, gender, email address, phone number(s) and other unique information such as login details and passwords, banking/accounting information, product and service preferences and contact preferences that are not otherwise publicly available); and
- Information that is collected automatically. iXperience receives and stores information which is transmitted automatically from the user’s device when the user browses the internet or uses the Website or Student Portal. This information includes information from cookies (which are described in clause 12.8 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-location information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website or Student Portal.
- Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. iXperience is however under no obligation to ensure that your personal information or other information supplied by you is correct.
- You warrant that the personal information disclosed to iXperience or the Student Portal is directly from you as the user of the Website or in connection to the Services.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- Whilst iXperience will do all things reasonably necessary to protect your rights of privacy, iXperience cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
- Disclaimers and Warranties
- iXperience makes no warranties or representations, whether implied or expressed, including but not limited to warranties to its suitability, accuracy, correctness of either the Student Portal, Website or the information contained on it. The Website and Student Portal is provided “as is” and “as available”.
- Information, opinions or blogs created by a third party made available on the Website in relation to the Services are those of the authors and not of iXperience. We make reasonable efforts to present such information accurately and reliably, but we do not endorse, approve or certify such information, guarantee the completeness or accuracy of such information on the Website.
- iXperience, its members, employees and partners, accept no liability whatsoever for any loss, injury or death, whether direct or indirect, consequential or arising from information made available on (or by means of) the Student Portal and/or the Website or actions resulting there from.
- iXperience, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, and/or injury or death resulting from the facilitation and offering of the Services, and access to, or use of, the Student Portal in any manner.
- iXperience takes reasonable security measures to ensure the safety and integrity of the Website and/or Student Portal and to exclude viruses, unlawful monitoring and/or access from the Website and/or Student Portal. However, iXperience does not warrant or represent that your access to the Website or Student Portal will be uninterrupted or error free or that any information, data, content, software or other material accessible through an Application will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website and/or Student Portal remains solely at the user’s own risk and the user should take their own precautions accordingly.
- We rely on the information you furnish to us in the Student Portal to make the Program available to you. Therefore, iXperience bears no liability for any inaccuracies of any information supplied to it.
- You acknowledge that the availability of the Program on offer may be limited. iXperience will take reasonable efforts to ensure that when a Program is no longer available, offers thereof are discontinued on the Website. However, we cannot guarantee the availability of a Program. When a Program is no longer available after you have committed to a course, iXperience will notify you thereof and reject your request or cancel the transaction, in which event you will be entitled to a refund of the amount paid by you for the Program in accordance with our Refund Policy.
- Whenever we transfer your personal data out of the country, we ensure a similar degree of protection is afforded to it. We do this by checking that at least one of the following safeguards are implemented:
- You indemnify and hold harmless iXperience, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of the Student Portal, Website or Services offered through iXperience in any way. Notwithstanding this, iXperience’s liability toward a user is limited to the Program fee received by iXperience from the claimant.
- You agree to indemnify, defend and hold iXperience harmless from any direct or indirect liability, loss, claim, injury, death and/or expense (including legal fees) related to your breach of these Terms.
- This clause 14 will survive termination of this agreement.
- Company Information
- Website owner: iXperience Proprietary Limited
- Legal Status: Private Company
- Registration Number: 2013/159509/07
- Director: Aaron Fuchs
- Description of main business: Educational Tourism
- Telephone number: +27 21 422 1071
- E-mail address: email@example.com
- Website location: Cape Town, South Africa
- Physical Address: 17 Dock Road, V&A Waterfront, Cape Town
Postal address: As above
Registered address: Unit 5, 13 Antrim Road, Green Point, Cape Town, 8005
- Physical Address: 17 Dock Road, V&A Waterfront, Cape Town
Postal address: As above
Registered address: Unit 5, 13 Antrim Road, Green Point, Cape Town, 8005
- Dispute Resolution and Governing Law
- Your access and/or use of the Website or Student Portal, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
- In the event that a dispute arises between a user and iXperience relating to the use of the Website or Services, the parties will resolve the dispute amicably by negotiation.
- If the dispute cannot be resolved by negotiation or within the period the parties may agree to, then the parties will approach an independent dispute resolution professional to mediate the discussion between them.
- Should the mediation be unsuccessful, the parties will bring the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) to be heard under the expedited rules, with an arbitrator selected by iXperience. The arbitration will be held in Cape Town, in English.
- Notwithstanding the above, each party consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
- Neither party may publicise the dispute on any public platform, including social media platforms. The parties understand that this type of publicity can cause serious damage to the affected party, and the damage may result in a financial claim against the publisher of the dispute.
- Termination of Use of the Website and Student Portal
- In addition to the conditions provided for above, iXperience reserves the right to terminate and remove access to your Student Portal if you breach any of the Terms, or for any other reason.
- If you wish to terminate these Terms with iXperience, you may do so by de-registering your Student Portal and discontinuing the use of the Website.
- Any obligation or liability incurred prior to the termination of the Terms will survive termination for all purposes, including the payment of any Program fees.
- In the event of your termination of the Terms and relationship with iXperience, iXperience will de-register your Student Portal and remove you from the Student Portal and Website.
- Service AddressEach of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of iXperience, at 17 Dock Road, V&A Waterfront, Cape Town, 8001; or
in the case of the user, at the contact details provided by the user to iXperience on the Student Portal.
- Notwithstanding the above, a notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Aside from clause 1.4 above, no variation, cancellation or addition to the Terms will be of any force or effect unless reduced to writing and signed by the user and iXperience or their duly authorised representatives.
- No indulgence, leniency or extension of time granted by iXperience shall constitute a waiver of any of iXperience’s rights under these Terms and, accordingly, iXperience shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
- The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
- Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
- In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by iXperience in relation to the payment failure or breach.
- Each term, clause, sentence, paragraph and provision of the Terms and any portion thereof shall be considered severable and if, for any reason, any such term, clause, sentence, paragraph or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto.
- If you have any complaints or queries, please send us an e-mail to firstname.lastname@example.org.