Last Updated: 2nd August 2021

Terms and Conditions of Sale
for e-Commerce Subscriptions

 

TERMS OF USE:

 

“Account” means the profile You create when You complete the above form and register on the Site and which is associated with your email address.

“Guest” means a person who does not create an Account but enters their personal information each time for the purpose of browsing the Site or making a once off purchase.

“Hoopoe Solutions/ Our” means Hoopoe Solutions (Pty) Ltd, a private company duly incorporated in terms of the company laws of South Africa, with registration number 2020/811963/07.

“Data Protection Laws” means the South African Protection of Personal Information Act 4 of 2013 (“POPIA”) and the European Union General Data Protection Regulation (“GDPR”).

“Personal Information”, means any personal details which the User provides in any way through the use of this Site, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address, personal opinions and name of the User’s employer and any other type of personal information as defined in the respective Data Protection Laws, each of which forms a separate data tag of information on the Site.

“SAICA“ means the South African Institute of Chartered Accountants; 

“Service/s”, means the online provision of various resources, reflective plans, learning plans, templates and videos to aid User’s who are members or associates of SAICA incompliance by with its revised CPD Policy, as amended from time to time.

“Subscription”, means the instruction placed by a User on the Site for myCAhub to supply the elected Services.

“User/s”/ “You”, means the person who elects to insert their Personal Information on the Site as a Guest or to register an Account, which information is to be processed and which Terms and Conditions apply to the User, as the context indicates.

“Site”, refers to www.myCAhub.co.za, an e-commerce site accessible via the internet network. 

The terms of our Privacy Policy must be read in conjunction and shall form part of these Terms and Conditions.

Prior to submitting to a Subscription by clicking the ‘Sign Up Now’ button on the payment method page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the Subscription You are submitting.  

Please understand that if You do not accept these Terms and Conditions, You will not be able to subscribe to any Services from this Site.

 

1.     REGISTRATION, SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE

The User may register an Account to access the Site with the understanding that the User may decline the registration of an Account and use the Site as a Guest.

 The Site enables Hoopoe Solutions to offer the Services for sale to the User browsing the Site. In accordance with these Terms and Conditions, it is agreed that the User and Hoopoe Solutions shall be jointly referred to as the “Parties”, and individually as a “Party”. By making use of this Site and the Services offered herein, the User hereby acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions.

 Any Subscription of Services offered on the Site implies the understanding and the express acceptance of these Terms and Conditions.

 It is stipulated that the User may make a backup copy or print these Terms and Conditions, provided that it is not modified.

 These Terms and Conditions come into effect as from 2 April 2021. Hoopoe Solutions reserves the right to change these Terms and Conditions without notice and at any time. The Terms and Conditions which were applicable when You made your Subscription, will apply to your Subscription.  These Terms and Conditions and any of its Annexures shall apply to the exclusion of any other document.

 

2.     SERVICES SOLD ON THE SITE

All the offers of the Services proposed on the Site are limited to www.myCAhub.co.za and portal.myCAhub.co.za. Prior to placing the Subscription, the User may check the main features of any Services the User intends to order, by consulting the Site.

Purchase offers, including special promotions, are valid for as long as they are displayed on the Site.

 

3.     PRICES OF SERVICES FOR SALE ON THE SITE

The prices shown on this Site are in South African Rands and if applicable, subject to Value Added Tax, at the rate in force on the day of the Subscription and any change in the applicable rate will be automatically reflected in the price of the Services sold by Hoopoe Solutions on its Site and the Services will be invoiced at the price in force when the Subscription is submitted.  

Annual Subscription Users may be provided with a unique referral/discount code on registration (solely at Hoopoe Solutions’ discretion) which can be used to refer third parties to the Site. In the event a third party registers an Account using that User’s unique referral/discount code, the User which referred the third party will receive 10% off the User’s annual subscription.

 

4.     SUBSCRIPTION

All Subscriptions imply full and unreserved acceptance of these Terms and Conditions. You accept that Hoopoe Solutions order registration systems are proof of the nature of the agreement and its date thereof.

 When the Subscription is confirmed by clicking on the “Sign up for Monthly Now” or “Sign up for Annual Now” icon, and thereafter the “Sign Up Now” Icon, You as the customer declare that You have accepted the Subscription, together with these Terms and Conditions before proceeding to the Payfast platform. A summary and acknowledgment of the Subscription will be sent to the User via the User’s email address provided when registering an Account and can be printed, at the User’s own cost.

 Our acknowledgement of your Subscription will specify the exact amount invoiced, details of delivery, if applicable and implies our acceptance of your Subscription as well as confirms the terms and conditions of the transaction, subject to Subscription payment.

 In the event of one or more Services being unavailable once the Subscription has been placed, You will be notified by e-mail. The amount of the Subscription will be recalculated and You will only be debited for those Services which are available, with the price of the unavailable Services not being deducted therefrom. If the entire Subscription is unavailable, then You will be notified by e-mail and You will not be debited any amount for the transaction.

 You may also cancel the Subscription placed on the Site by giving 1 (one) month’s written notice and contacting our Customer Care Line on 061 585 7084 or email [email protected]b.co.za.

 The User shall pay Hoopoe Solutions the Subscription one month in advance on the first day of each month in return for the use of the Services. In the event the User cancels the subscription, the User will be charged for the 1 (one) months’ notice. Refunds on annual subscriptions will be on a pro-rated basis with Hoopoe Solutions reserving the right to cancel the discount applicable when registering for the annual subscription and to charge the User the monthly subscription fee for the months the User utilized the Services and refund the balance remaining on the annual subscription.

 All refunds shall be attended to within 14 (fourteen) business days from when Hoopoe Solutions receives the User’s valid cancellation notice.

 The User shall pay the Subscription and any invoice of Hoopoe Solutions without set off or deduction for any reason whatsoever and however so arising.

 The User shall not withhold or defer payment of any amount due to Hoopoe Solutions in terms of this Agreement.

 Hoopoe Solutions may increase the pricing of its Subscription either annually in reference to Annual Subscriptions or monthly in reference to Monthly Subscriptions on each anniversary of the User’s commencement date. Hoopoe Solutions will give the User written notice of any escalation prior to the escalation taking place and being charged against the User’s account.

Hoopoe Solutions reserves the right to suspend or cancel any Subscription placed by You if a dispute exists regarding the payment of the Subscription, or for any other legitimate reason, in particular related to the unusual nature of the Subscription.

 

5.     PAYMENTS

All Subscriptions are payable in South African Rands and are inclusive of VAT. In order for You to pay for your Subscription, You must use Hoopoe Solutions operator Payfast as the method of payment. In processing your payment of the Subscription, You hereby consent for Payfast to process your financial
information in order to process payment of the Subscription and you acknowledge that You cannot store the financial information on your Account and that We do not retain any of your financial information. 

In the event of non-payment of any amount owed by You, or of any adverse payment circumstances, Hoopoe Solutions reserves the right to suspend or cancel any Subscription and/or delivery, whatever the nature or state of progress in the Subscription or delivery may be. 

As part of the measures taken to prevent fraud over the internet, You consent to the information concerning your Subscription being sent to any competent authority for verification. 

To ensure secure credit card payment, You must enter the card security code of the bank card being used, into the payment portal of the Site. This information will be kept secure by Payfast in terms of the Data Protection Laws. 

Hoopoe Solutions will take the necessary precautions to ensure the financial information of its Users are secure and safe, however, Hoopoe
Solutions cannot be held liable for the User providing incomplete or incorrect information. 

The Services will be rendered by Hoopoe Solutions and any content will be sent to the User’s email address the User used when creating an Account or using the Site as a Guest. 

 

Hoopoe Solutions in its sole discretion may suspend or terminate the sale of the Services provided on this Site, at any time whatsoever, and the User shall have no recourse in the event of suspension or termination.

 

6.     RETENTION OF TITLE

All Services remain the exclusive property of Hoopoe Solutions until such a time as payment of the sale price, including the purchase price, VAT and delivery costs have been paid in full.

 

7.     LIABILITY

The ultimate responsibility for compliance with SAICA’s CPD policy remains entirely with the User and the User shall consider any information published by SAICA as the primary sources of information for compliance.

The User must use discretion before taking any action based on the information displayed on the Site. Information, ideas and opinions expressed on the Site should not be regarded as professional advice or the official opinion of Hoopoe Solutions and Users are encouraged to obtain advice from a health professional before taking any course of action related to the information, ideas or opinions expressed on the Site.

The Site and all content on the Site are provided on an “as is” basis, and Hoopoe Solutions makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the Site. Hoopoe Solutions does not warrant and accepts no liability that the functions and services provided by the Site will be interrupted or error free, or that the Site is free from viruses or other harmful components or for any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site. 

Hoopoe Solutions cannot be held liable for non-fulfilment of the Subscription due to stock shortages, especially where the product is unavailable due to a force majeure event including but not limited to health and safety protocols.

Hoopoe Solutions, including owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site.

The User hereby indemnifies Hoopoe Solutions and its owners, directors, employees, officials, suppliers, agents and/or representatives from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the User’s use of this Site.

Hoopoe Solutions does not make any warranties or representations that the Site shall be available at all times. Users acknowledge that the Site may be unavailable due to updates or other causes beyond the reasonable control of Hoopoe Solutions, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”

The User must take special note that Hoopoe Solutions reserves the right to hold a User liable for any losses suffered by Hoopoe Solutions to the cybercrime committed by the User on the Site.

 

 

8.     INTELLECTUAL PROPERTY

Hoopoe Solutions (Pty) Ltd is the owner of this Site and the contents thereof and Hoopoe Solutions (Pty) Ltd retains all intellectual property rights thereto, whether registered or not, including all current and future content on the online platform, which is not owned by a third party, and nothing on this Site should be construed as a right to use or license of any of the intellectual property. 

In accordance with the Copyright Act 98 of 1978, as amended pertaining to ownership of literary and/or artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, infographics, lotties, videos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this site, together with their compilation, are the exclusive property of Hoopoe Solutions, as it does not grant any license or any entitlement other than that of browsing the Site. Any use during browsing of this Site, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use. Any reproduction and any use thereof for other purposes being expressly prohibited. 

The User specifically agrees not to reverse engineer, copy, duplicate, modify or adapt the software of Hoopoe Solutions in part or wholly and any such action shall constitute a breach of these Terms and Conditions and warrant Hoopoe Solutions pursing any legal proceedings including but not limited to Copyright Infringement against the User. Should Hoopoe Solutions be required to protect or enforce its rights herein, the User shall be liable for any legal expenses (including costs of counsel, collection costs, interests) incurred by Hoopoe Solutions.

Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorisation from Hoopoe Solutions. Any other use will constitute an infringement.

The User’s intellectual property relating to the images on the User’s Account remain the property of the User, however, the User hereby grants Hoopoe Solutions permission to use the intellectual property for marketing purposes, with the understanding that the User may withdraw such permission in writing.

The User explicitly agrees by entering into a Monthly or Annual Subscription of any software created or offered by Hoopoe Solutions that any copyright ownership rights in relation to any suggestion, feedback, recommendation or modification provided by the user and implemented by Hoopoe Solutions in any of Hoopoe Solutions’ software, website or other offerings are completely and totally assigned to Hoopoe Solutions with no copyright ownership retained in any form whatsoever by the User,

 

9.     OPTIONAL TOOLS AND THIRD-PARTY LINKS

Hoopoe Solutions may provide the User with access, content, products and services available from third party tools and links that Hoopoe Solutions has no control or input or the ability to monitor. You hereby acknowledge and agree that Hoopoe Solutions may provide You access to such optional tools and links on an “as is” basis without any warranties, representations or conditions of any kind and without any endorsement thereof. Hoopoe Solutions shall have no liability whatsoever and however so arising from or relating to the use of such optional third party tools or links.

You acknowledge that third party tools and links are not affiliated with Hoopoe Solutions and that Hoopoe Solutions bears no responsibility for examining or evaluating the content or accuracy and does not warrant or accept any liability or responsibility for any third party materials or websites or for any other materials, products, services of third parties.

Hoopoe Solutions are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party website or tools. It remains the User’s responsibility to review all third party’s policies and practices before engaging in any transaction.

 

10.  APPLICABLE LAW

This Site is owned and operated within the Republic of South Africa. Hoopoe Solutions, as well as the User, hereby agree that these Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

 

11.  DATA PROCESSING

The User hereby expressly consents, by its use of the Site herein, to the collection, use, processing, storage, transfer and sharing of its Personal Information to the entities that are related to, Hoopoe Solutions,  including but not limited to Hoopoe Solutions and its service providers, provided that such processing are in line with the Data Protection Laws.

You have the right to access, change, correct and delete Personal Information concerning them by contacting Hoopoe Solutions via email at [email protected] You are referred to Hoopoe Solutions’ Privacy Policy for more detail.

The User expressly consents to Hoopoe Solutions transferring the Personal Information outside the Republic of South Africa to Hoopoe Solutions’ server hosted in a member state of the European Union that is subject to the relevant Data Protection Laws.

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