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Terms and Conditions

Last Updated: 1 January 2024

Contents

  1. Acceptance of Terms
  2. Use of the App
  3. Eligibility
  4. User Accounts
  5. User Responsibilities
  6. Prohibited Conduct
  7. Intellectual Property
  8. Privacy
  9. Limitation of Liability
  10. Disclaimer of Warranties
  11. Indemnity
  12. Termination
  13. Changes to Terms
  14. Governing Law
  15. Contact Information

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the CHIETA Mobile Application (the "App") operated by the Chemical Industries Education and Training Authority ("CHIETA", "we", "our", or "us").

By downloading, installing, registering for, or using the App in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the App.

These Terms constitute a legally binding agreement between you and CHIETA. We recommend that you read them carefully before proceeding.

2. Use of the App

The CHIETA Mobile App is an official digital platform provided by CHIETA to facilitate skills development activities in the chemical sector. The App is intended to assist:

  • Learners — to apply for training programmes, track application status, and receive updates on opportunities.
  • Employers — to manage workplace skills development plans, submit grant applications, and access compliance information.
  • Training Providers — to submit learner data, manage programmes, and communicate with CHIETA.
  • CHIETA Officials — to administer the above services.

The App is provided free of charge to registered users. CHIETA reserves the right to modify, suspend, or discontinue any feature of the App at any time with reasonable notice.

3. Eligibility

To use the App, you must:

  • Be at least 18 years of age, or have the consent of a parent or legal guardian if between 16 and 18 years old;
  • Have the legal capacity to enter into a binding agreement;
  • Provide accurate and complete registration information;
  • Be a legitimate participant in the South African chemical sector or a related stakeholder.

By using the App, you represent and warrant that you meet all of the above eligibility requirements.

4. User Accounts

To access most features of the App, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information to keep it accurate and complete;
  • Keep your password and login credentials secure and confidential;
  • Immediately notify CHIETA of any unauthorised use of your account or any other security breach;
  • Accept responsibility for all activities that occur under your account.

You may only create one account per person. Creating multiple accounts or impersonating another person is strictly prohibited.

CHIETA reserves the right to suspend or terminate your account if any information you have provided is found to be inaccurate, false, or misleading.

5. User Responsibilities

As a user of the App, you are responsible for:

  • Ensuring that all information you submit through the App is accurate, truthful, and up to date;
  • Submitting training applications and grant claims within the applicable deadlines;
  • Maintaining compliance with all relevant legislation, including the Skills Development Act, Skills Development Levies Act, and any applicable sector regulations;
  • Informing CHIETA promptly of any changes to your employment status, training enrolment, or contact details;
  • Ensuring that any documents uploaded to the App are authentic and have not been fraudulently altered;
  • Keeping your device secure and ensuring that unauthorised persons cannot access the App through your device.

6. Prohibited Conduct

You agree not to use the App to:

  • Submit false, misleading, or fraudulent information or documentation;
  • Claim grants or training benefits to which you are not entitled;
  • Impersonate any person or entity, or falsely represent your affiliation with any organisation;
  • Gain unauthorised access to any part of the App, its systems, or data of other users;
  • Interfere with the security, integrity, or performance of the App;
  • Introduce viruses, malware, or any other harmful code;
  • Use automated tools, bots, or scrapers to access or extract data from the App;
  • Harass, threaten, or harm any other user or CHIETA official;
  • Violate any applicable law, regulation, or government directive;
  • Use the App for any commercial purpose not authorised by CHIETA.

Violation of these prohibitions may result in immediate account termination and may be reported to the relevant law enforcement authorities.

7. Intellectual Property

All intellectual property rights in the App, including but not limited to the software, design, text, graphics, logos, icons, and any other content ("Content"), are owned by or licensed to CHIETA.

Subject to your compliance with these Terms, CHIETA grants you a limited, non-exclusive, non-transferable, revocable licence to download and use the App solely for your personal, non-commercial use in connection with skills development activities.

You must not:

  • Copy, modify, distribute, sell, or lease any part of the App or its Content;
  • Reverse engineer, decompile, or attempt to extract the source code of the App;
  • Remove or alter any proprietary notices or labels on the App;
  • Use CHIETA's name, logo, or branding without express written permission.

8. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act, 2013 (POPIA).

By using the App, you consent to the collection and processing of your personal information as described in the Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by applicable law, CHIETA and its officers, employees, agents, and service providers shall not be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, or business opportunities;
  • Damages arising from your inability to access or use the App;
  • Unauthorised access to or alteration of your data;
  • Any content or conduct of any third party on or through the App;
  • Errors, inaccuracies, or omissions in any information provided through the App.

CHIETA's total aggregate liability to you for any claim arising out of or relating to these Terms or the use of the App shall not exceed the amount you paid (if any) to use the App in the 12 months preceding the claim.

Nothing in these Terms excludes or limits CHIETA's liability for fraud, willful misconduct, or any liability that cannot be excluded by law.

10. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. CHIETA does not warrant that:

  • The App will be uninterrupted, secure, or error-free;
  • Any defects or errors will be corrected;
  • The App is free of viruses or other harmful components;
  • The results obtained from using the App will be accurate or reliable.

Information provided through the App is for general guidance only and should not be relied upon as legal, financial, or professional advice. You should consult a qualified professional for advice specific to your circumstances.

11. Indemnity

You agree to indemnify, defend, and hold harmless CHIETA and its officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of or access to the App;
  • Your violation of these Terms;
  • Your violation of any applicable law or regulation;
  • Your submission of false or fraudulent information;
  • Any dispute between you and a third party.

12. Termination

CHIETA may, in its sole discretion, suspend or terminate your access to the App at any time and for any reason, including but not limited to a breach of these Terms, submission of fraudulent information, or inactivity for an extended period.

You may terminate your account at any time by contacting us at info@chieta.org.za. Termination of your account does not affect CHIETA's right to retain your data as required by law (see our Privacy Policy for retention periods).

Upon termination, all licences and rights granted to you under these Terms shall immediately cease. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnity, and governing law) shall remain in effect.

13. Changes to Terms

CHIETA reserves the right to modify these Terms at any time. We will notify you of material changes by:

  • Updating the "Last Updated" date at the top of this page;
  • Sending a notification to registered users via the App;
  • Requiring re-acceptance of the updated Terms upon next login.

Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App and may request account deletion.

14. Governing Law

These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any disputes that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of South Africa.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

  • Organisation: Chemical Industries Education and Training Authority (CHIETA)
  • Email: info@chieta.org.za
  • Address: Pretoria, South Africa
  • Website: www.chieta.org.za
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