Terms and Conditions for SAWAS

Terms and Conditions for SAWAS

Effective Date: 2025-07-01

Welcome to South African Women’s Academy of Skills (SAWAS) (https://www.sawas.co.za/). By accessing, browsing, or using this website in any capacity, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions, as well as our Privacy Policy. These terms govern all interactions, transactions, and communications conducted through our website. If you do not accept or agree with any part of these terms, you are prohibited from accessing or using the site and its services.

Your continued use of this website constitutes ongoing acceptance of any updates or modifications to these terms. It is your responsibility to regularly review this document to ensure awareness of any changes. Failure to adhere to these terms may result in suspension or termination of access to our website or services without prior notice.

For questions or clarifications regarding these Terms and Conditions, please contact us at admin@sawas.co.za. Your use of this site is contingent upon full compliance with all applicable local, national, and international laws and regulations.

1. Introduction

This website is owned and operated by SAWAS, a company registered in accordance with the laws of South Africa, with its principal place of business at SAWAS Training Academy, 1st Floor, SRE Building, 6 Market Avenue, C/O Voortrekker Street, Vereeniging. For all inquiries, complaints, or feedback, please contact us at admin@sawas.co.za. Our business hours are Standard Business Hours 8am to 4pm, Weekdays starting Monday to Friday (South African Standard Time), and we strive to respond to all inquiries within 48 hours.

These Terms and Conditions outline the rules, responsibilities, and limitations governing your use of our website and services. By accessing, interacting with, or purchasing products/services through this website, you acknowledge that you have read, understood, and agreed to abide by these Terms. This document also incorporates by reference our Privacy Policy and any additional legal notices that may be published by SAWAS from time to time.

SAWAS operates in compliance with the relevant legal frameworks of South Africa, including but not limited to:

By continuing to use this site, you confirm your understanding that these Terms may be updated periodically to reflect legal changes or business practices. It remains your responsibility to review this section regularly to stay informed of any modifications. Continued use of the website following such updates constitutes acceptance of the amended terms.

We may need to update this notice periodically, but we will let you know when we do so.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

3. Privacy Policy and POPIA Compliance

3.1 Personal Information
By using this website, you consent to the collection, storage, and processing of personal information as outlined in our Privacy Policy. SAWAS is committed to safeguarding your privacy and ensuring compliance with the Protection of Personal Information Act (POPIA). Personal information collected may include, but is not limited to, your full name, email address, phone number, physical address, payment information, IP address, and browsing activity.

All personal data is processed lawfully, fairly, and transparently, ensuring it is collected for specific, explicitly stated, and legitimate purposes. SAWAS does not collect more data than is necessary for the functioning of its services.

3.2 How Personal Information is Collected
We collect personal information through various means, including:

3.3 Purpose of Data Collection
Your personal information may be collected and used for the following purposes:

3.4 Sharing and Disclosure of Personal Information
SAWAS does not sell or rent personal data to third parties. However, personal information may be shared with:

3.5 User Rights under POPIA
In accordance with POPIA, users have the following rights:

To exercise any of these rights, users may contact SAWAS at admin@sawas.co.za. Requests will be processed within a reasonable timeframe in compliance with POPIA regulations.

3.6 Data Retention
Personal information will be retained only for as long as necessary to fulfil the purposes outlined in this policy, unless a longer retention period is required by law. Upon request, personal data will be securely deleted or anonymized, subject to legal obligations.

3.7 Security Measures
SAWAS implements robust technical and organizational measures to protect personal data from unauthorised access, alteration, disclosure, or destruction. However, users acknowledge that no system is completely secure, and SAWAS cannot guarantee absolute security of transmitted data.

3.2 Data Collection
SAWAS collects personal information to improve service delivery, ensure seamless transactions, and enhance the user experience. The data we collect may include, but is not limited to:

Personal data is collected through the following channels:

SAWAS processes personal data in accordance with POPIA and ensures that collection is:

Personal data will never be sold or shared with third parties without your explicit consent, except in circumstances where disclosure is required by law or necessary for the performance of contractual obligations.

3.3 User Rights
In accordance with the Protection of Personal Information Act (POPIA), users have the right to:

To exercise any of these rights, you may contact SAWAS at admin@sawas.co.za. We are committed to addressing all data access and modification requests within 30 days, as required by POPIA. Verification of identity may be required to protect the integrity of your data.

If you believe your rights under POPIA have been violated, you may lodge a complaint with the Information Regulator of South Africa at https://inforegulator.org.za/.

4. User Agreement and Acceptable Use

By accessing and using this website, you agree to comply with the terms outlined in this section. Failure to adhere to these terms may result in the suspension or termination of your account, restricted access to the website, and possible legal action.

4.1 Prohibited Activities
Users are strictly prohibited from engaging in the following activities while using SAWAS’s website:

Violations of this section may result in the immediate termination of your account, legal prosecution, and a ban from future access to SAWAS’s services. SAWAS reserves the right to investigate any suspected violations and fully cooperate with law enforcement agencies.

4.2 Website Content
All materials displayed or made available on this website, including but not limited to text, graphics, logos, designs, icons, images, videos, and software, are the intellectual property of SAWAS or its licensors. This content is protected by South African copyright laws, international treaties, and intellectual property statutes.

Without prior written consent from SAWAS, you may not:

Users are allowed to:

Unauthorized use of website content may lead to civil or criminal penalties. SAWAS reserves the right to revoke access to any user who breaches these terms and to pursue appropriate legal action.

5. Intellectual Property Rights

5.1 Ownership
All content, design elements, graphics, logos, trademarks, service marks, text, images, videos, software, and other materials displayed on or made available through this website are the exclusive intellectual property of SAWAS or are used under appropriate licenses. This includes but is not limited to:

The intellectual property contained on this site is protected under South African copyright laws, international intellectual property treaties, and other applicable legislation. Any unauthorized use, reproduction, modification, or distribution of this content, in whole or in part, is strictly prohibited without the prior written consent of SAWAS. This includes copying source code, reverse engineering, or using automated tools to scrape website data.

Violations of intellectual property rights may result in legal action, including claims for damages, injunctions, and other remedies available under applicable law.

5.2 Limited License
SAWAS grants you a limited, non-exclusive, non-transferable, and revocable license to access and use this website for personal or internal business purposes, subject to the following conditions:

The license granted is revocable at any time, with or without notice, if SAWAS determines that you have violated these terms or engaged in unauthorized use of intellectual property. Upon termination, you must cease all use of the website and delete any downloaded or stored content obtained from the site.

5.3 Trademarks
All trademarks, service marks, and logos appearing on this website are the property of SAWAS or their respective owners. Use of these trademarks without express written permission is prohibited. Unauthorized use may result in trademark infringement claims.

Users are prohibited from using SAWAS’s trademarks in connection with any product or service that is not offered by SAWAS, or in a manner that may cause confusion among customers or discredit the brand.

5.4 User-Generated Content
By submitting or posting content (including but not limited to reviews, comments, testimonials, images, videos, or feedback) to SAWAS’s website, social media platforms, or associated services, users grant SAWAS a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, modify, publish, translate, distribute, and publicly display such content in any medium or format. This includes the right to create derivative works or incorporate the content into marketing campaigns, promotional materials, and other business-related activities.

Users acknowledge and agree to the following:

Prohibited Content:

Users are prohibited from submitting content that:

By contributing content, users grant SAWAS the right to reference or use such content for quality assurance, service improvement, and marketing purposes across all platforms. Users retain ownership of their original content but waive any claims related to its subsequent use by SAWAS.

6. Consumer Protection Act (CPA) Compliance

The Consumer Protection Act (CPA) of South Africa ensures that all consumers are treated fairly, honestly, and transparently. SAWAS is committed to upholding the rights of consumers and ensuring compliance with the provisions outlined in the CPA.

6.1 Consumer Rights
In compliance with the CPA, users are entitled to the following rights:

SAWAS ensures that all customer service representatives are trained to handle returns, complaints, and disputes in line with CPA regulations. For further information on your consumer rights, visit the South African Department of Trade, Industry, and Competition website.

6.2 Refund and Return Policy
Customers may return products within 7 days of purchase, provided the following conditions are met:

Refunds are processed within 14 days of receiving returned items. Shipping fees for non-defective returns may be the responsibility of the customer. SAWAS reserves the right to inspect returned goods to verify eligibility before issuing refunds.

For more information, please contact our customer service team at admin@sawas.co.za.

7. Electronic Communications and Transactions Act (ECTA) Compliance

The Electronic Communications and Transactions Act (ECTA) governs all electronic communications and online transactions in South Africa. SAWAS recognizes the validity and enforceability of electronic agreements, digital records, and electronic communications conducted through this website.

7.1 Legal Recognition of Electronic Communications
In accordance with ECTA, electronic communications and records (such as emails, online forms, and digital contracts) carry the same legal weight as physical documents. By engaging with SAWAS through digital channels, users agree that:

7.2 Order Process and Confirmation
By placing an order through this website, users confirm that:

All electronic communications regarding orders, returns, and service updates are deemed received once dispatched to the user’s registered email address. Users are responsible for ensuring their contact details remain accurate and up to date.

If you have questions regarding electronic transactions, please contact us at admin@sawas.co.za.

8. Limitation of Liability

SAWAS makes every effort to ensure that the information, products, and services provided through this website are accurate, up-to-date, and reliable. However, by accessing and using this website, users acknowledge and agree to the following limitations:

8.1 General Disclaimer
The content, materials, and services offered on this website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. SAWAS does not guarantee uninterrupted access to the website, error-free performance, or that the site will always be free from viruses, malware, or other harmful components.

8.2 Scope of Liability
To the fullest extent permitted by applicable law, SAWAS disclaims all liability for any loss, damage, or injury arising from or in connection with the following:

8.3 Limitation on Financial Liability
Where permitted by law, SAWAS’s maximum aggregate liability to any user for all claims arising from the use of the website, products, or services shall not exceed the total amount paid by the user for the specific product or service that gave rise to the claim, or ZAR 1000.00, whichever is lower.

8.4 Third-Party Links and Services
This website may contain links to third-party websites or services that are not owned or controlled by SAWAS. SAWAS bears no responsibility for the content, privacy policies, or practices of any third-party site or service. Users interact with such external links at their own risk.

8.5 User Responsibility
Users assume full responsibility for the protection of their devices, data, and network infrastructure when accessing this website. It is the user’s responsibility to ensure they implement appropriate security measures, including the use of anti-virus software and firewall protections.

8.6 No Waiver of Rights
Nothing in this Limitation of Liability clause shall exclude or limit liability for:

Users acknowledge that by using this website, they waive the right to claim against SAWAS for any indirect, consequential, or incidental damages arising from website usage, subject to the exceptions listed above.

If you do not agree with these limitations, your sole remedy is to discontinue use of the website and services immediately.

9. Dispute Resolution and Governing Law

9.1 Governing Law
These Terms and Conditions, as well as any transactions, interactions, or disputes arising from the use of this website, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. This applies without regard to conflict of law principles, ensuring that South African legal standards prevail in all matters.

9.2 Jurisdiction
Users agree that any disputes, claims, or legal proceedings directly or indirectly related to the use of this website, its content, or services will be exclusively submitted to the jurisdiction of the South African courts. Users waive any objections regarding the venue or jurisdiction, affirming that South African courts are the appropriate forum for resolving disputes.

9.3 Informal Dispute Resolution
Before initiating formal legal proceedings, SAWAS encourages users to first contact us at admin@sawas.co.za to seek an informal resolution. We will make reasonable efforts to resolve disputes amicably through direct negotiation within 30 days of receiving the complaint. If no resolution is reached within this period, users may proceed with formal legal action.

9.4 Mediation and Arbitration
Where appropriate and agreed upon by both parties, disputes may be resolved through mediation or arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in South Africa, and the decision of the arbitrator shall be final and binding on both parties. Arbitration costs will generally be shared equally unless otherwise determined by the arbitrator.

9.5 Legal Costs
In the event of formal legal action, the prevailing party may be entitled to recover reasonable legal fees, court costs, and other expenses incurred during the dispute resolution process. SAWAS reserves the right to seek reimbursement for costs arising from users’ failure to comply with these Terms and Conditions or from frivolous legal claims.

9.6 Time Limitation for Claims
Any claims or disputes must be initiated within twelve (12) months from the date the cause of action arises. Failure to bring a claim within this period will result in the forfeiture of the user’s right to pursue the claim, unless prohibited by applicable law.

9.7 Severability
If any provision within this Dispute Resolution section is found to be unenforceable or invalid under South African law, the remaining provisions shall continue to apply in full force, ensuring that the overarching intent of the terms remains intact.

By using this website, users acknowledge that they have read, understood, and agreed to this dispute resolution process. SAWAS reserves the right to amend this section as necessary, in compliance with South African legal requirements.

10. Service Availability and Downtime

SAWAS makes every effort to ensure that the website and its services are available 24/7. However, SAWAS does not guarantee uninterrupted or error-free operation of the website. Access to the website may be suspended temporarily and without notice in the following situations:

Users acknowledge that occasional downtime may occur and agree that SAWAS is not liable for any inconvenience, data loss, or financial damages arising from temporary service interruptions. SAWAS will endeavour to minimize disruptions and, where feasible, notify users in advance of scheduled maintenance through website announcements or email notifications.

11. Amendments to Terms and Conditions

SAWAS reserves the right to modify, update, or amend these Terms and Conditions at any time, for any reason, without prior notice. Significant amendments that materially affect user rights will be communicated through:

Users are encouraged to review these Terms regularly to stay informed of any updates. Continued use of the website following the publication of revised terms constitutes acceptance of the amended terms. If users do not agree with any updated terms, their sole remedy is to discontinue use of the website and services immediately.

SAWAS may, at its discretion, request users to explicitly acknowledge acceptance of revised terms through digital signatures, checkboxes, or click-to-agree mechanisms.

12. Governing Language

These Terms and Conditions have been drafted in English and may be translated into other languages for the convenience of users. In the event of discrepancies, inconsistencies, or misunderstandings between the translated versions and the original English version, the English version shall prevail.

Users are encouraged to consult the English version of the Terms for authoritative guidance. Translations are provided solely for informational purposes and do not carry legal authority.

If users have any questions or concerns regarding these terms, they are encouraged to contact SAWAS at admin@sawas.co.za for clarification.

13. Indemnification

By using this website, users agree to indemnify, defend, and hold harmless SAWAS, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees and court costs) arising directly or indirectly from:

SAWAS reserves the right to assume the exclusive defence and control of any matter subject to indemnification by the user, in which case the user agrees to fully cooperate with such defence. Users may not settle any claim without prior written consent from SAWAS if such settlement imposes obligations on SAWAS or affects its rights.

Scope of Indemnity: This indemnification clause applies to the maximum extent permitted by South African law and shall survive the termination or expiration of these Terms and Conditions.

Users acknowledge that they are responsible for ensuring compliance with all relevant local, national, and international laws while using SAWAS’s services and that failure to comply may trigger indemnification obligations.

These terms and conditions were created by CIPRO South Africa on behalf of SAWAS.