Website Terms and Conditions

WEBSITE TERMS AND CONDITIONS

These terms and conditions are binding and enforceable against all persons that access PHOENIX BENEDICT’S website or any part thereof. If you do not agree with these terms and conditions, you must leave the WEBSITE immediately, as further use will automatically bind you to these TERMS AND CONDITIONS, the PRIVACY STATEMENT and the DISCLAIMER.

INTERPRETATION
1. Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below will, when used in this AGREEMENT, bear the meanings ascribed to them and cognate words and expressions will bear corresponding meanings:
  1. TERMS AND CONDITIONS – the terms and conditions which form an agreement between the USER and PHOENIX BENEDICT contained on the WEBSITE.
  2. BROWSER TYPE – the software program running on a computer that allows the USER to access documents on the internet, which may be text or graphic. Such programs read HTML coded pages that reside on a server and interpret the coding to be viewed as a web page. Examples of browsers are Netscape Navigator and Internet Explorer.
  3. CACHING – a process where data from the WEBSITE is temporarily stored in order to reduce bandwidth usage, server load and perceived lag.
  4. COOKIES – a data file that certain websites write to your computers hard drive when the USER uses the WEBSITE. Cookie files contain information such as a USER identification code that the WEBSITE uses to track the pages the USER has visited.
  5. IP ADDRESS – a numeric address which connects a USERS computer to the internet.
  6. REFERRER – the referrer is the page that causes the BROWSER to request a page or image from the PHOENIX BENEDICT servers or its nominated service provider’s servers
  7. PHOENIX BENEDICT – Phoenix Benedict Aesthetics, registration number 2003/07581/23, a close corporation duly registered and incorporated under the laws of South Africa having its principal place of business at 79, 9th Street, Linden, Johannesburg, 2195.
  8. RSA – Republic of South Africa.
  9. USER – means any person who enters and/or uses the PHOENIX BENEDICT WEBSITE.
  10. WEBSITE – this website and all the domains that are currently directed to the live website that is owned and operated by PHOENIX BENEDICT and its agents.
2. Notwithstanding that any hyper-links on this AGREEMENT, may be non-operational, this will not play a role in the determination of the validity and interpretation of these terms and conditions.
3. The use of the word “including” followed by specific examples will not be construed so as to limit the meaning of the general wording preceding it.
4. Any reference to any statute, regulation or legislation is a reference to such statute, regulation or legislation as at date of signature hereof and as amended or substituted from time to time.
GENERAL
PHOENIX BENEDICT is a music academy which has as its business the instruction and production of music on various platforms.
PERMISSIBLE USE AND LICENSE
1. USERS are advised that the WEBSITE content and musical content is copyright protected and is subject to the RSA and international copyright laws. USERS may not infringe copyright and the license granted to the USER is subject to such copyright.
2. PHOENIX BENEDICT hereby licenses the USER to view, download and print the content of the WEBSITE, provided that such content is used for private, personal, educational and/or non-commercial purposes only. Content from the WEBSITE may not be used or exploited by USERS for any commercial and non-private purposes without the prior written consent of PHOENIX BENEDICT.
3. USERS may not access, browse and use the WEBSITE for illegal purposes.
CACHING
1. The caching of the WEBSITE will only be allowed if:
  1. The purpose of the caching is to make the onward transmission of the content from the WEBSITE more efficient;
  2. The CACHED content is not modified in any manner whatsoever;
  3. The CACHED content is removed or updated when so required by PHOENIX BENEDICT.
RESERVATION OF RIGHTS AND LIMITATION OF LIABILITY
1. If any USER uses any content from the WEBSITE in breach of the provisions detailed herein, PHOENIX BENEDICT reserves the right to claim damages from the USER and/or to institute criminal proceedings against the USER.
2. PHOENIX BENEDICT will not be liable, in any manner whatsoever, for any damage (whether in contract or in delict/tort), loss and/or liability that results from the use of the WEBSITE and/or its content by the USER and/or any third party who may now or in the future obtain content.
HYPERLINKS
1. PHOENIX BENEDICT accepts no liability whatsoever, for any damage (whether in contract or in delict/tort), loss and/or liability, which may arise now or in the future from the use of the content of the WEBSITE, if such content was accessed through a hyperlink not directed at the homepage of the WEBSITE. Persons that wish to link to content beyond the home page of the WEBSITE do so entirely at their own risk and hereby indemnify and hold harmless PHOENIX BENEDICT, its employees and suppliers from any damages (whether in contract or in tort), loss and/or liability, that may result from the use of content from the WEBSITE, if such content was accessed through a hyperlink not directed to the homepage of the WEBSITE. This indemnity is based on the rationale that deep-linking bypasses these terms and conditions.
2. USERS may quote small and reasonable amounts of content available from the WEBSITE, if such quote is placed in inverted commas and acknowledged.
3. Apart from bona-fide search engines operators and use of the search facility provided on the WEBSITE by USERS, no person may use or attempt to use any technology or applications (including webcrawlers and webspiders) to search, collect or copy content from the WEBSITE for any purposes, without the prior written consent of PHOENIX BENEDICT. E-mail addresses, names, telephone numbers and fax numbers published on the WEBSITE may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the WEBSITE may be used to communicate unsolicited messages.
4. All licenses and permissions granted in terms of AGREEMENT are non-exclusive and may be revoked at any time by PHOENIX BENEDICT without prior written notice.
5. PHOENIX BENEDICT may provide hyper-links to third party websites, which are not controlled by PHOENIX BENEDICT (“target sites”) and such links to not imply any endorsement, agreement on or support for the content of such TARGET SITES.
6. PHOENIX BENEDICT does not editorially control the content of TARGET SITES and will not be held liable, in any manner whatsoever or howsoever arising for the inability of a USER to access content available on or through such TARGET SITES.
INTELLECTUAL PROPERTY AND COPYRIGHT
All content, trademarks, live-audio streams, domain names, patents, design elements, software, source codes, meta tags, databases, text, graphics, icons and hyperlinks are the intellectual property of or licensed to PHOENIX BENEDICT and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the licensed use envisaged in clause 3, all other rights to this intellectual property are expressly reserved.
SOFTWARE AND EQUIPMENT
It is the responsibility of the USER to acquire and maintain, at his own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the PHOENIX BENEDICT website and/or download content from the WEBSITE.
DISCLOSURES
1. PHOENIX BENEDICT makes the following disclosures to USERS of the WEBSITE:
  1. Website Owner: Phoenix Benedict Aesthetics Close Corporation, registration number 2003/07581/23.
  2. Street Address: 79, 9th Street, Linden, Johannesburg, 2195.
  3. Postal Address: 79, 9th Street, Linden, Johannesburg, 2195.
  4. Physical Address for receipt of legal service: 79, 9th Street, Linden, Johannesburg, 2195
  5. Main business: the instruction, creation and production of music in all forms.
  6. Official email address: Franscois.bezuidenhout@gmail.com
  7. Cost associated with access to the WEBSITE: free
  8. Alternative dispute resolutions procedure: – arbitration
CONSUMER PROTECTION
Please refer to the STANDARD TERMS AND CONDITIONS FOR MUSIC TUITION which should be read in conjunction with these TERMS AND CONDITIONS.
AMENDMENT OF TERMS AND CONDITIONS
1. PHOENIX BENEDICT reserves the right, in its sole and absolute discretion, at any time, to:
  1. Amend these terms and conditions in any respect;
  2. Change the content on the WEBSITE;
  3. Discontinue any aspect of the WEBSITE;
  4. Change the software and hardware required to access and use the WEBSITE.
DISPUTES
1. Any disputes or problems relating to:
  1. Access to the WEBSITE;
  2. The inability to access the WEBSITE;
  3. The services and content available from the WEBSITE; and/or
  4. These terms and conditions, the privacy statement and the DISCLAIMER;
will be dealt with in accordance with by the Arbitration Foundation of South Africa as envisaged in terms of the Expedited Rules for Arbitration Proceedings. Such arbitration proceedings will be conducted in Johannesburg, RSA in English in terms of the laws of the RSA. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party.
1. USERS may lodge complaints in relation to the WEBSITE at Franscois.bezuidenhout@gmail.com
GOVERNING LAW
These terms and conditions, the PRIVAY STATEMENT and the DISCLAIMER will be governed by the laws of the RSA and all matters or things arising out of or in respect of this AGREEMENT will be decided in terms of the laws of the RSA. You agree to submit to the exclusive jurisdiction of the courts of the RSA.
LEGAL COSTS
PHOENIX BENEDICT will not be liable for costs incurred by USERS to obtain professional advice relating to these TERMS AND CONDITIONS, the PRIVACY STATEMENT, the DISCLAIMER AND LIMITATION OF LIABILITY and the TERMS AND CONDITIONS OF SALES.
SECURITY
1. PHOENIX BENEDICT shall take all reasonable steps to secure the content of the WEBSITE and the information provided by and collected from USERS from unauthorised access and/or disclosure. PHOENIX BENEDICT does not make any warranties or representations that all content will be completely safe and secure.
2. PHOENIX BENEDICT is under no legal duty to encrypt any content or communications to and from the WEBSITE and is also under no duty to provide digital authentication of any page of the WEBSITE.
3. USERS may not deliver or attempt to deliver, whether on intentionally or negligently, any damaging code, such as computer viruses, to the WEBSITE or the server and to any computer network that supports the WEBSITE. Notwithstanding criminal prosecution, any person who delivers any damaging code to the WEBSITE, whether intentionally or negligently, shall, without limitation, hereby indemnify and hold harmless PHOENIX BENEDICT, its employees, partners, affiliates and/or agents against any liability, damages and losses that PHOENIX BENEDICT, its employees, partners, affiliates and/or agents may now or in the future suffer as a result of such damaging code.
4. USERS may not develop, distribute or use any device to breach or overcome the security measures of PHOENIX BENEDICT, its employees, agents, partners and/or affiliates and PHOENIX BENEDICT reserves the right to claim damages from all or any persons concerned. Any USERS who contravene the provisions of this clause, will notwithstanding any criminal prosecution, be liable for all damages and losses incurred and/or suffered by PHOENIX BENEDICT, its employees, agents, partners and/or affiliates as a result of such contraventions.
5. The User agrees and warrants that data messages that are sent to PHOENIX BENEDICT from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
REMOVAL AND CORRECTION OF CONTENT
USERS are encouraged to report untrue, inaccurate, defamatory, illegal, infringing or harmful content available from the WEBSITE to PHOENIX BENEDICT and PHOENIX BENEDICT undertakes to correct and/or remove such content or any part thereof if the person reporting such content or any part thereof provided reasonable grounds to prove the alleged nature of the content.
INTERCEPTION OF COMMUNICATIONS
The USER agrees that PHOENIX BENEDICT, its employees, agents, partners and/or affiliates may intercept, block, filter, read, delete, disclose and use all communications sent or posted by the USER to the WEBSITE.
PRIVACY STATEMENT
1. PERSONAL INFORMATION
  1. For the purposes of this clause, “personal information” is as defined in the Promotion of Access to Information Act, 2 of 2002 which is information about an identifiable, natural person, and in so far as it is applicable, an identifiable, juristic person, including, but not limited to information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person, information relating to the education or the medical, criminal or employment history of the person or information relating to financial transactions in which the person has been involved; any identifying number, symbol or other particular assigned to the person; the address, fingerprints or blood type of the person;
    but excludes information about a natural person who has been dead, or a juristic person that has ceased to exist, for more than 20 years. PHOENIX BENEDICT will take all reasonable steps to protect the personal information of USERS. PHOENIX BENEDICT shall not disclose personal information from USERS unless the USER consents to such disclosure. For example, the USER may be requested to provide information when registering for information. Should the USER elect not to provide information requested by PHOENIX BENEDICT, access to certain options and services may be restricted by PHOENIX BENEDICT.
  2. PHOENIX BENEDICT may electronically collect, store and use the following personal information of USERS:
    1. Name and surname;
    2. Contact numbers;
    3. Non-personal browsing habits and click patterns;
    4. E-mail address;
    5. Selected user name and password.
  3. The WEBSITE’S servers automatically collect information about the USERS IP ADDRESS, BROWSER TYPE and the REFERRER.
2. USE OF INFORMATION
  1. PHOENIX BENEDICT stores and uses the above information for the following purposes:
    1. To enhance the USER’S experience of the WEBSITE;
    2. To fulfil any agreement with the USER in relation to updates, e- mail alerts or text message alerts;
    3. To send the USER details of any of PHOENIX BENEDICT’S products and/or services by email and/or text message should the USER consent thereto.
    4. To answer any queries a USER has sent by email to PHOENIX BENEDICT.
    5. To notify the USER of any important functionality changes to the WEBSITE, new services and/or products and special offers.
    6. To provide the User with access to restricted pages on the WEBSITE.
    7. To communicate requested information to the USER.
    8. To compile non-personal statistical information about browsing habits, click-patterns and access to the PHOENIX BENEDICT WEBSITE.
  2. Personal information may be shared with employees, agents or entrusted third parties of PHOENIX BENEDICT to administer any services provided to you by PHOENIX BENEDICT now or in the future. Personal information may be shared with anyone to whom PHOENIX BENEDICT transfers its rights and duties under these TERMS AND CONDITIONS, subject to being legally obliged or permitted to do so. PHOENIX BENEDICT may collect, maintain, save, compile, share, disclose and sell any information collected from USERS, subject to the following provisions:
  3. PHOENIX BENEDICT uses tracking software to monitor USER traffic patterns and site usage to assist PHOENIX BENEDICT with WEBSITE development and design. Such software does not enable PHOENIX BENEDICT to capture “Sensitive Personal Data” which includes information about the racial or ethnic origin of the data subject, his political opinions, religious beliefs, whether the USER belongs to a trade union, the USER’S physical or mental health, the USER’S sexual life, the commission or alleged commission by the USER of an offence and any proceedings for any offence committed or alleged to have been committed by the USER.
  4. PHOENIX BENEDICT retains all rights to non-personal statistical information collected and compiled by PHOENIX BENEDICT, its employees and/or agents.
  5. PHOENIX BENEDICT’S nominated data controller in the RSA can be contacted at .
3. COOKIES
  1. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the USER. USERS may determine cookie use independently through their browser settings.
  2. Should the USER choose to disable the receipt of COOKIES from the WEBSITE, by either changing the browser settings to display a warning before accepting a COOKIE or to refuse COOKIES, the USER may not be able to use certain features of the WEBSITE.
DISCLAIMER
1. PHOENIX BENEDICT, its owners, employees, suppliers, internet service providers, partners, affiliates and/or agents will not be liable for any damage, loss (whether in contract or in tort) and liability of any nature which may now or in the future arise as a result of the USER’S use of this WEBSITE, notwithstanding how such damage and/or loss may have arisen and which shall include, but not be limited to:
  1. Access to the WEBSITE;
  2. Access to other websites which may be linked to the WEBSITE;
  3. The inability to access websites which are or may be linked to the WEBSITE;
  4. Content available on the WEBSITE;
  5. Downloads and use of content from the WEBSITE.
2. The WEBSITE is supplied on an “as is” basis and has not been compiled to meet the USER’S individual requirements. It is the responsibility of the USER to satisfy himself, prior to entering this WEBSITE and thereby binding himself to the TERMS and CONDITIONS, that the content available from and through the WEBSITE meets the USER’S individual requirements and that same is compatible with the USER’S hardware and software requirements.
3. Information, ideas and/or opinions expressed on the WEBSITE should not be regarded as professional advice or the official opinion of PHOENIX BENEDICT and USERS are encouraged to take professional advice before taking any course of action related to the information, ideas or opinions expressed on the WEBSITE.
4. PHOENIX BENEDICT does not make any warranties or representations that content and services available from the WEBSITE will in all cases be true, correct or free from any errors. PHOENIX BENEDICT will take all reasonable steps to ensure the quality and accuracy of content available from the WEBSITE.
5. PHOENIX BENEDICT does not make any warranties or representations that the WEBSITE will be available at all times. USERS acknowledge that the WEBSITE may be unavailable due to updates or other causes beyond the reasonable control of PHOENIX BENEDICT, including, but not limited to virus infection, unauthorised access (hacking), power failure due to acts of God.