Terms & Conditions

Privacy Policy first because Privacy is important

This Privacy Policy applies when you visit or use our website, app and / or any other services including events (each referred to as a “Service”).

10^th Dimension, its agents, or affiliates own or administer the Service(s) and 10^th Dimension is the primary controller of your personal information provided to, or collected by, the Service(s)

Which laws apply?

Our Privacy Policy is governed by the laws of the Republic of South Africa and specifically the Protection of Personal Information Act [Act No. 4 of 2013].

Should legislation with an impact on this document change such changes will be automatically considered to be incorporated herein without having to be specifically referred to.

 

Our complete Privacy Policy is the following

1        Information we collect

1.1         We collect information about you directly from you, from third-party sources, and through automated technologies.

1.2        Data you provide to us, for example:

1.2.1         Contact details, such as your name, email address, postal address, social media handle, and phone number.

1.2.2       Account login credentials, such as usernames and passwords, password hints and similar security information.

1.2.3        Account registration and profile information, such as job title, educational and professional background and qualifications, and photos.

1.2.4       Payment information, such as a credit or debit card numbers.

1.2.5       Comments, feedback and other information you provide to us, including search query data and questions or information you send to customer support; and/or Interests and communication preferences, including preferred languages.

1.3        Data from other sources, for example:

1.3.1         Social networks when you grant permission to the Service to access your data on one or more networks.

1.3.2        Service providers that help us determine a location in order to customize certain products to your location.

1.3.3        Businesses with which we offer co-branded services or engage in joint marketing activities.

1.3.4       Publicly available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

1.4       Data from Service use such as Cookies, for example:

1.4.1        Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data.

1.4.2       Usage data, such as the features you used, the settings you selected, your URL click stream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for on the Service.

1.4.3       For location-aware Services, the region, city or town where your device is located to provide you with more relevant content for where you are in the world.

1.5        We collect this data through our servers and the use of cookies and other technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your computer. We may use cookies and other technologies to store your preferences and settings, help you with signing in, provide targeted ads and analyse site operations. You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, you may not be able to register, login, or access certain parts or make full use of the Service.

2       How we use your information

2.1        We use your personal information to:

2.1.1         Provide, activate and manage your access to and use of the Service.

2.1.2       Process and fulfil a request, order, download, subscription or other transaction.

2.1.3        Provide technical, product and other support and to help keep the Service working, safe and secure.

2.1.4       Enhance and improve the Service and our other products, events, and services and to develop new products, services and benefits.

2.1.5       Offer you customized content and other personalization to make the Service more relevant to your interests and geography.

2.1.6       Respond to your requests, inquiries, comments and concerns.

2.1.7       Notify you about changes, updates and other announcements related to the Service and our other products and services.

2.1.8       Deliver targeted advertisements, promotional messages, notices and other information related to the Service and your interests.

2.1.9       Provide you with promotional messages and other information about products, events and services of ours, our affiliates and third parties such as sponsors.

2.1.10     Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a customer agreement.

2.1.11       and/or Comply with our legal obligations, resolve disputes, and enforce our agreements.

2.2       If you are an administrator of an organization with a subscription to the Service, we will use your details to communicate with you about your organisation’s subscription and related services. If you supply us with contact information of your colleagues, we may contact those individuals with communications about the Service that may include reference to you.

3       Sharing of your information

3.1        Your organization: If you access the Service through a subscription administered by your organization, your personal information and certain usage data gathered through the Service may be accessed by or shared with the administrators authorised by your organization for the purposes of usage analysis, subscription management and compliance, training course progress, performance and remediation, cost attribution and departmental budgeting.

3.2       Application licensor: If you access a third-party application on the Service through a license agreement with the licensor of that application, personal information relevant to that third-party application may be shared with the licensor so that it can provide you access to the application, subject to the terms of its license agreement and privacy policy.

3.3       Our service providers: We share information with our affiliates; Our service providers, suppliers, agents and representatives, including but not limited to, payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents, to process the information as necessary to provide the Service, complete a transaction or fulfil your request or otherwise on our behalf based on our instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures.

3.4      Your choices: We may share your personal information with our affiliates and with sponsors, joint venture entities and other third parties, including entities for which we are acting as an agent, licensee, application host or publisher, that wish to send you information about their products and services that may be of interest to you, as determined by your choices in managing your communications preferences and other settings. The Service may let you post and share personal information, comments, materials and other content. Any such contributions that you disclose publicly may be collected and used by others. Please be careful when disclosing personal information in these public areas.

3.5       For legal reasons: We will disclose your personal information if we have a good faith belief that such disclosure is necessary to meet any applicable law, regulation, legal process or other legal obligation.

4      Processing of your information

4.1       When we collect or otherwise process any personal information within the scope of applicable data protection laws, we do so: where necessary to provide the Service, fulfill a transaction or otherwise perform a contract with you or at your request prior to entering into a contract; where necessary for our compliance with applicable law or other legal obligation; where applicable, with your consent; and/or where necessary to operate our business, protect the security of our systems, customers and users, detect or prevent fraud, or fulfill our other legitimate interests as described in sections 1 to 3 above, except where our interests are overridden by your privacy rights.

4.2      Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time, and where we rely on legitimate interests, you may have the right to object to our processing.

5       Data retention

5.1        We retain your personal information for as long as necessary to provide the Service and fulfil the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access the Service through a subscription administered or sponsored by your organization, we retain your organizational contact details after the termination of your organization’s subscription to continue to communicate with you.

6       Accessing and updating your information

6.1        Your account: The Service may allow registered users to directly access and review their account information and make corrections or updates upon login at any time. Keeping such information up to date is the responsibility of the user. Registered users may also close their account directly through the Service or by contacting the Service’s customer support.

6.2      Your rights: You may have the right under applicable privacy and data protection laws to request free-of-charge:

6.2.1       access to your personal information.

6.2.2      rectification or erasure of your personal information.

6.2.3      restriction of our processing of your personal information, or to object to our processing; and portability of your personal information.

6.2.4      If you wish to exercise these rights, please submit your request to us in writing.

7       Authors and Contributors

7.1        Where we contract with you to produce content for any of our services, for example to write guides and manuals, we will process personal information about you, such as: name, organization, and contact details; professional experience, role, practice area, affiliations and subject expertise; professional biography or profile produced or approved by you, including your image, likeness or voice, which may be published within our services and made available to our subscribers alongside any content produced by you for  10^th Dimension; financial information in order to facilitate payments for works produced;

7.2       This information is processed to facilitate the publication of the work and to administer, manage and fulfil our contract with you.

7.3       You may choose not to be contacted by 10^th Dimension to produce content for us by letting us know in writing.

 

Now Our Terms and Conditions in full.

1        Definitions

1.1         “Licensor” means Dr Vera KRIEL trading as 10^th Dimension, a sole proprietor.

1.2        “Licensee” means the Customer whose name and details appear on the order and / or Contact form to this Agreement and, in the case of a juristic person, all its affiliated companies and/or branches.

1.3        “Authorised Users” means the Licensee’s permanent employees, and those of any affiliate of the Licensee, who have the right to access the Content as part of their ordinary employment with the Licensee and any other person that may be agreed to in writing by the Parties.

1.4       “Content” means the works owned by the Licensor and listed on the order form to this Agreement.

1.5        “Intellectual Property” means all intellectual property rights in relation to the 10^th Dimension Online Service, the Software, the Content, the Works and all additions or modifications thereto, and which shall include, without being limited to, the names, the copyright, the trademarks, websites, databases, or patents relating thereto.

1.6        “10^th Dimension Online Service” means the Software and the Content owned by the Licensor.

1.7        “Third Party Licensor” means a content and/or software service provider to the Licensor.

1.8       “Software” means software owned by the Licensor and by any Third-Party Licensor, and any   addition or modification thereto, including such additions or modifications.

1.9        “the Parties” means the Licensor and the Licensee.

1.10     “this Agreement” means these “Terms and Conditions” and any accompanying order form.

2       General

2.1        These Terms and Conditions form the entire agreement between 10^th Dimension and the customer (“the Customer”) whose name appears on the invoice or delivery note (“the Invoice”) for the sale and purchase of Works or Services appearing on the invoice (“the Works”). Where a prior written agreement, other than a software licence agreement, exists between 10^th  Dimension and the Customer with respect to the Works the provisions of that agreement shall prevail over these terms and conditions.

2.2       If the Customer enters a licence to use any Software and/or Content appearing on the Invoice and in terms of clause 4, the terms and conditions of clause 3 shall continue to have effect, but the terms of such licence shall prevail over these terms and conditions in the event of conflict.

2.3       Orders are subject to availability and 10^th  Dimension reserves the right to deliver the Works in instalments.

2.4      10^th Dimension reserves the right to withhold further supply of Works or Services in the event of a breach of any of these terms and conditions.

3       Print and Electronic Works (purchased outright online or in print)

3.1        Payment

3.1.1         All Works supplied by 10^th Dimension to the Customer shall remain the property of 10^th Dimension until the purchase price in respect thereof has been paid in full.

3.1.2        10^th Dimension shall be entitled to vary the price of publications and or subscriptions at its sole discretion and without prior notice to the Customer.

3.2       Delivery

3.2.1        Delivery shall be concluded when:

3.2.1.1        in case of delivery by 10^th Dimension or its courier, the Works are off-loaded at the destination.

3.2.1.2       in case of collection by the Customer, when the Works are loaded.

3.2.1.3       in case of online delivery, when the Works have been downloaded.

3.2.2      The risk in the Works shall pass to the Customer on delivery of the Works and time of delivery shall not be of the essence.

3.2.3      10^th Dimension shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the Works unless written notice is received by 10^th  Dimension within seven days of delivery.

3.2.4      A signature of an employee or agent of the Customer on a delivery note shall constitute conclusive evidence of delivery of Works purchased.

3.3       Set-off

3.3.1        In the event of 10^th Dimension becoming indebted to the Customer, 10^th Dimension may set off such indebtedness against any moneys which are or may become owing by the Customer.

3.4      Exclusions

3.4.1       10^th Dimension’s liability to the Customer for any damages sustained by the Customer from any cause whatsoever shall be limited to the replacement of the Works by 10^th Dimension for collection from 10^th Dimension.

3.4.2      10^th  Dimension shall under no circumstances be liable for any loss of profit or any direct or indirect damage whether or not caused by negligence on the part of 10^th Dimension, its agents, or employees.

3.4.3      Insofar as any of 10^th Dimension’s obligations are carried out by any of its agents, subcontractors, associates, or subsidiaries, the provision of the clauses above will be for their benefit as well and each of them shall be exempted accordingly.

3.4.4      The Customer shall not have any claim of any nature whatsoever against 10^th Dimension for any failure by 10^th Dimension to carry out any of its obligations under its contract with the Customer as a result of causes beyond 10^th Dimension’s control, including but without being limited to any strike, lockout, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of 10^th  Dimension, riot, political or civil disturbances, the elements, any act of any State or Government, any delay in securing any permit, consent or approval required by 10^th  Dimension for the supply of Works under the contract or any other authority of any other cause whatsoever beyond the absolute and direct control of 10th Dimension.

3.5       Warranty

3.5.1        All the Works are sold voetstoots and without any warranties whatsoever, whether express or implied.

3.6      Default

3.6.1       Should the Customer default in paying its account strictly on the due date or commit a breach of any of the terms and conditions of its contract with 10^th Dimension, then

3.6.1.1        10^th Dimension shall be entitled, but not compelled, to demand that the whole amount outstanding by the Customer from whatsoever cause arising, be paid immediately; and

3.6.1.2       10^th Dimension shall furthermore be entitled to cancel any agreement which exists between it and the Customer and suspend the carrying out of any of its then uncompleted obligations, in which event the Customer shall have no claim whatsoever arising from such cancellation of the suspension by 10^th  Dimension to carry out any obligations.

3.6.2      10^th  Dimension’s rights in terms of the above. above shall not be exhaustive and shall be in addition to its common law rights.

3.7       Jurisdiction

3.7.1       The Customer agrees that 10^th Dimension shall be entitled but not obliged to institute any proceedings against the Customer arising out of its contract with the Customer for the full balance outstanding in any Magistrate’s Court having jurisdiction over the Customer from time notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court.

3.7.2      The Customer agrees to be liable for all legal costs including costs on the scale as between attorney-and-client, including collection and tracing costs.

3.7.3      A Certificate by any owner or manager of 10^th Dimension showing the amount due and owing by the Customer shall be prima facie evidence of the amount due by the Customer and such certificate shall be sufficient for purposes of judgement or provisional sentence or other legal proceedings.

3.8      Return of Works

3.8.1       If in its discretion 10^th  Dimension agrees, at the written request of the Customer, to accept the return of any of the Works for credit, which Works were correctly supplied by 10^th Dimension and are not faulty or subject to any claim, 10^th Dimension shall be entitled without the necessity of any further agreement to claim from the Customer a handling charge of 15% of the Invoice price of the Works so returned.

 

4      License for 10^th Dimension Online Services

4.1       Granting of Licence

4.1.1        The Licensee and its Authorized Users are granted the right to use the 10^th  Dimension Online Service and to receive the Content mentioned therein subject to the following terms and conditions.

4.1.2       The Parties acknowledge that this Agreement may be changed and adapted by the   Licensor. Modifications to this Agreement may be made at any time by notice to the Licensee.

4.2      Duration of Licence

4.2.1       This Agreement commences on the date as appears on the first invoice to the Licensee (“Commencement Date”) and, subject to provisions set out elsewhere in this Agreement relating to termination, shall remain in force for a period of 12 calendar months thereafter.

4.2.2      Notwithstanding clause 4.2.1, the terms and conditions of this Agreement will be applicable to any free trial period where Authorised Users are granted the right to use the 10^th  Dimension Online Service prior to the Commencement Date.

4.2.3      This Agreement is automatically renewed upon its anniversary date and upon all subsequent anniversary dates thereafter, until such time as the Licensee cancels this Agreement in   writing at least thirty days before an anniversary date. Should the Licensee wish to adjust the product mix of the chosen Content, then such changes must be communicated to the Licensor in writing at least thirty days before an anniversary date and the change will be effected at the time of the anniversary of this Agreement.

4.2.4     This Agreement supersedes and replaces all previous or existing agreements relating to the 10^th  Dimension Online Service entered into between the Parties.

4.3      Cancellation and Breach of Licence

4.3.1       Notwithstanding the provisions of clause 4.2, this Agreement may be cancelled by the Licensor upon immediate written notice to the Licensee. In that event, 10^th Dimension as the Licensor will cancel access to the 10^th  Dimension Online Service, and the Licensee will be entitled to receive such proportion of the annual license fee referred to in clause 4.4 as was paid by it and applicable to any unexpired portion of the Agreement.

4.3.2      Notwithstanding the provisions of clause 4.2, this Agreement may be cancelled by the Licensee subject to the Licensor’s Credit Policy.

4.3.3      Notwithstanding the provisions of clause 4.2, this Agreement may be cancelled by 10^th Dimension the Licensor immediately and without notice to the Licensee or prejudice to any other remedy available to it, should

4.3.3.1      (a) the Licensee fail to pay the fee due in terms of clause 4.4,

4.3.3.2     (b) the Licensor detect unauthorised use of the 10^th Dimension Online Service,

4.3.3.3     (c) the Licensee is in material breach of this Agreement,

4.3.3.4     (d) the Licensee is placed under voluntary or compulsory sequestration or liquidation, a final and unappealable judgement remains unsatisfied for a period of 20 days after it comes to the notice of the Licensee, the licensee makes any arrangement with its creditors or threatens to cease to carry on business, or is placed under business rescue.

4.3.4     In the event of any of the Licensee committing a breach of any of the terms of this   Agreement and failing to remedy the breach within a period of 14 days after receipt of a written notice from 10^th Dimension the Licensor calling upon the Licensee to remedy such breach, then 10^th Dimension the Licensor shall be entitled, without prejudice to any rights it may otherwise have against the Licensee in law or in terms of this Agreement, to terminate this Agreement.

4.3.5      10^th Dimension the Licensor reserves the right to institute action against the Licensee for the non-performance of its obligations in terms of this Agreement or to recover such damages it might have suffered because of the Licensee’s breach of the terms of this Licence Agreement, in a court of law having jurisdiction.

4.4      Commencement of Services and Payment

4.4.1      In exchange for the right to use the 10^th Dimension Online Service and receive the Content, the Licensee will pay a fee, which will be reflected on an invoice provided to it, and which is set out on the order form to this Agreement.

4.4.2     The Licensee agrees that the fee for the 10^th  Dimension Online Service referred to in clause 4.4 is immediately payable via credit / debit /charge card or as arranged with the Licensor in writing.

4.4.3     The Licensee agrees that the fee payable for the 10^th Dimension Online Service will increase each year. The Licensee further agrees that, in the event of it merging with a juristic person which is also a licensee of the 10^th Dimension Online Service or other  client of 10^th Dimension the Licensor, that the annual licence fee payable will be renegotiated between itself and the Licensor.

4.5      Access and Use

4.5.1       Access is restricted to Authorised Users.

4.5.2      The Licensee warrants that all Authorised Users are made aware of the terms of this Agreement that are applicable to them.

4.5.3      The Content of the 10^th  Dimension Online Service may be:

4.5.3.1      displayed on an Authorised User’s screen.

4.5.3.2     printed out or saved by an Authorised User for the Authorised User’s professional business purposes only.

4.5.3.3     accessed only for professional business purposes, educational and scholarly use; or

4.5.3.4     referenced in print or electronic course material by written text or use of hyperlinks.

4.5.4     The Content of the 10^th  Dimension Online Service may not be distributed to third parties not bound by this Agreement.

4.5.5      The Licensee and the Authorised Users agree not to:

4.5.5.1      Re-publish, copy, modify, reproduce, distribute, display, or transmit all or any portion of the Content in any form and in any medium for commercial purposes not related to its business and/or with the intention of generating a profit thereby.

4.5.5.2     Re-publish, copy, modify, reproduce, distribute, display, or transmit all or any portion of the Content of the 10^th Dimension Online Service in any form and in any medium in the public domain.

4.5.5.3     Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the 10^th Dimension Online Service or its Content.

4.5.5.4     Create a copy of the 10^th  Dimension Online Service or its Software for any purposes.

4.5.5.5     Modify, alter or adapt the 10^th  Dimension Online Service or its Software.

4.5.5.6     Include any information or content not owned by the Licensor on the 10^th Dimension Online Service without the Licensor’s prior written   permission.

4.5.5.7     Obscure the Licensor’s, or Third-Party Licensor’s, copyright or trademark notices on matter printed from the 10^th  Dimension Online Service.

4.5.5.8     Use any network monitoring or discovery software to determine the architecture of the 10^th  Dimension Online Service.

4.5.5.9     Use any automatic software or device, or manual process, to monitor or copy the 10^th  Dimension Online Service or its Content without the Licensor’s prior written permission.

4.5.5.10   Distribute any passwords which may be used by it to remotely access the 10^th  Dimension Online Service to any person who is not an Authorised User.

4.5.5.11    Use or otherwise export or re-export the 10^th  Dimension Online Service or its Content or any portion thereof, in violation of any laws of the Republic of South Africa or of any treaty or agreement to which the Republic of South Africa may be a signatory.

4.5.6      10^th Dimension the Licensor agrees to provide the Licensee with usage statistics on request.

4.5.7      The Licensee agrees that should it suspect unauthorised use of the 10^th Dimension Online Service, it shall notify 10^th Dimension the Licensor promptly and take all reasonable steps as agreed with the Licensor to end such unauthorised use.

4.5.8     The Licensee shall not be liable for a breach of the terms of this Agreement by any Authorised Users provided that the Licensee did not cause, assist or condone the continuation of such breach, and provided also that the Licensee notified 10^th Dimension the Licensor promptly of said breach as per clause 4.5.7 above.

4.6      Intellectual Property Rights (including Copyright)

4.6.1       All Intellectual Property rights and other rights in and to the 10^th Dimension Online Service (in both machine-readable and printed form) belong to 10^th Dimension the Licensor or to its Third-Party Licensor.

4.6.2      Authorised Users, and any other persons to whom information may have been   distributed in terms of this Licence Agreement, acquire no proprietary interest in the 10^th  Dimension Online Service, the Content or the Software and, except as expressly permitted by this Agreement, may not use any of these in any way that infringes 10^th Dimension the Licensor’s, or the Third-Party Licensor’s, intellectual property in them.

4.7      Assignment of Rights

4.7.1       The license to use the 10^th  Dimension Online Service is personal to the Licensee and may not be assigned or sub-licensed by it, in whole or in part, unless otherwise agreed to in writing by 10^th Dimension the Licensor.

4.8      Limitation of Liability

4.8.1       To the extent permitted by law, the licensor and its affiliates shall not have any liability for any consequential, indirect, incidental or special damages (including, but not limited to, any lost revenues or profits) arising out of this agreement, and the entire liability for any claim arising out of this agreement, if at all, shall not exceed the amount paid by the licensee to the licensor for the preceding 12 months prior to the claim arising.

END