Privacy Portal

Purpose and Overview

As a business, The Wesley is committed to the highest standards of professionalism, ethics and service delivery. We are committed to upholding every person’s constitutional right to privacy and ensuring that any personal information we process is completed in a lawful and transparent manner. We maintain a strict standard of confidentiality with our clients and never share personal information with third parties unless required by law or with the express consent of our clients.

Any personal information processed by The Wesley is processed in accordance with the provisions of the Protection of Personal Information Act 4 of 2013 (“POPIA”), and, where applicable, the General Data Protection Regulation 2016/679 (“GDPR”).

POPIA

The Wesley has taken comprehensive steps to ensure that its staff process any personal information in accordance with the provisions of POPIA. Personal information is defined in section 1 of POPIA to mean: “information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to— (a) 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; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.”

Depending on who determines the purpose of and means for processing personal information in a particular instance, The Wesley acknowledges that it may be acting in the capacity of either a “responsible person” or “operator” as defined in section 1 of POPIA. Where a client is also the “data subject” as defined in section 1 of POPIA and has not mandated The Wesley to process personal information on the client’s behalf, it is a determining factor which puts The Wesley in the role of a responsible party. Where The Wesley processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party, The Wesley will be acting as an operator. Whether acting as a responsible party or operator, The Wesley will process personal information in accordance with the applicable provisions of POPIA.

General Data Protection Regulation 2016/679

The Wesley acknowledges that it offers its goods and/or services to persons domiciled in the European Union, and which compels that data processing activities for such persons are completed in accordance with GDPR. Depending on who determines the purpose of and conditions for processing personal information in a particular instance, The Wesley acknowledges it may be acting in the capacity of either a “controller” or “processor” as defined. Where a client is also the “data subject” as defined in GDPR and has not mandated The Wesley to process personal information on the client’s behalf, it is a determining factor which puts The Wesley in the role of a controller. Where The Wesley processes personal information for a controller in terms of a contract or mandate, The Wesley will be acting as a processor. Whether acting as a controller or processor, The Wesley will process data in respect of persons in the European Union in accordance with the applicable provisions of GDPR.

PRIVACY AND DATA PROTECTION OBLIGATIONS

The Wesley acknowledges its privacy and data protection obligations and adheres to the highest standards possible to ensure legal and safe processing of data, including personal information. The Wesley remains accountable to ensure compliance with POPIA and/or GDPR, and that it has accordingly implemented measures and procedures which give effect to such compliance. In this regard, The Wesley has registered its designated Information Officer with the Information Regulator established in terms of section 39 of POPIA, as well as its Deputy Information Officers to whom the Information Officer has delegated its duties. The Wesley further regularly trains its staff as to their obligations arising from POPIA and GDPR, and general best practice insofar as privacy and data protection. The Wesley also maintains an expert Information Technology team, who maintains its information security systems. In addition to this Policy, The Wesley has published various other policies which assist in the enforcement of privacy and data protection measures by its staff.

The measures and procedures implemented by The Wesley, extend to the fulfilment of the following obligations insofar as privacy and data protection. The client or person whose data/personal information is processed is referred to as the “data subject”.

Processing limitation

Personal information must be processed lawfully and in a reasonable manner that does not infringe the privacy of the data subject.

Personal information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.

Personal information may only be processed if—

• the data subject or a competent person where the data subject is a child consents to the processing;

• processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;

• processing complies with an obligation imposed by law on The Wesley;

• processing protects a legitimate interest of the data subject;

• processing is necessary for the proper performance of a public law duty by a public body; or

• processing is necessary for pursuing the legitimate interests of The Wesley or of a third party to whom the information is supplied.

The data subject or competent person may withdraw his, her or its consent, provided that the lawfulness of the processing of personal information before such withdrawal or the processing of personal information will not be affected.

A data subject may object, at any time, to the processing of personal information—

• on reasonable grounds relating to his, her or its particular situation, unless legislation provides for such processing; or

• for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications.

If a data subject has objected to the processing of personal information, The Wesley may no longer process the personal information.

Personal information must be collected directly from the data subject, except if—

• the information is contained in or derived from a public record or has deliberately been made public by the data subject;

• the data subject or a competent person where the data subject is a child has consented to the collection of the information from another source;

• collection of the information from another source would not prejudice a legitimate interest of the data subject;

• collection of the information from another source is necessary—

  • to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;

  • to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997;

  • for the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated;

  • in the interests of national security; or

  • to maintain the legitimate interests of The Wesley or of a third party to whom the information is supplied;

• compliance would prejudice a lawful purpose of the collection; or

• compliance is not reasonably practicable in the circumstances of the particular case.

Purpose specification

Personal information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of The Wesley.

Records of personal information must not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed, unless—

• retention of the record is required or authorised by law;

• The Wesley reasonably requires the record for lawful purposes related to its functions or activities;

• retention of the record is required by a contract between the parties thereto; or

• the data subject or a competent person where the data subject is a child has consented to the retention of the record.

Records of personal information may be retained for historical, statistical or research purposes if The Wesley has established appropriate safeguards against the records being used for any other purposes.

The Wesley must destroy or delete a record of personal information or de-identify it as soon as reasonably practicable after The Wesley is no longer authorised to retain the record.

Further processing

Further processing of personal information must be in accordance or compatible with the purpose for which it was collected.

Information quality

The Wesley must take reasonably practicable steps to ensure that the personal information is complete, accurate, not misleading and updated where necessary.

Openness

The Wesley must maintain the documentation of all processing operations under its responsibility.

If personal information is collected, The Wesley must take reasonably practicable steps to ensure that the data subject is aware of—

• the information being collected and where the information is not collected from the data subject, the source from which it is collected;

• the name and address of The Wesley;

• the purpose for which the information is being collected;

• whether or not the supply of the information by that data subject is voluntary or mandatory;

• the consequences of failure to provide the information;

• any particular law authorising or requiring the collection of the information;

• the fact that, where applicable, The Wesley intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;

• any further information such as the—

  • recipient or category of recipients of the information;

  • nature or category of the information;

  • existence of the right of access to and the right to rectify the information collected;

  • existence of the right to object to the processing of personal information; and

  • right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator, which is necessary, having regard to the specific circumstances in which the information is or is not to be processed, to enable processing in respect of the data subject to be reasonable.

It is not necessary for The Wesley to make the data subject aware of its data processing if—

• the data subject or a competent person where the data subject is a child has provided consent for the non-compliance;

• non-compliance would not prejudice the legitimate interests of the data subject as set out in terms of this Act;

• non-compliance is necessary—

  • to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;

  • to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997;

  • for the conduct of proceedings in any court or tribunal that have been commenced or are reasonably contemplated; or

  • in the interests of national security;

• compliance would prejudice a lawful purpose of the collection;

• compliance is not reasonably practicable in the circumstances of the particular case; or

• the information will—

  • not be used in a form in which the data subject may be identified; or

  • be used for historical, statistical or research purposes.

Security safeguards

The Wesley must secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent—

• loss of, damage to or unauthorised destruction of personal information; and

• unlawful access to or processing of personal information.

The Wesley must take reasonable measures to—

• identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control;

• establish and maintain appropriate safeguards against the risks identified;

• regularly verify that the safeguards are effectively implemented; and

• ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

The responsible party must have due regard to generally accepted information security practices and procedures which may apply to it generally or be required in terms of specific industry or professional rules and regulations.

Acting as operator

Where The Wesley acts as an operator, it must—

• process such information only with the knowledge or authorisation of responsible party; and

• treat personal information which comes to their knowledge as confidential and must not disclose it, unless required by law or in the course of the proper performance of their duties.

A responsible party must, in terms of a written contract between the responsible party and The Wesley (as the operator), ensure that The Wesley establishes and maintains the security measures referred to POPIA.

The Wesley (as operator) must notify the responsible party immediately where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person.

Security compromises

Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, The Wesley must notify—

• the Regulator; and

• the data subject, unless the identity of such data subject cannot be established.

The notification to a data subject must be in writing and communicated to the data subject in at least one of the following ways:

• Mailed to the data subject’s last known physical or postal address;

• sent by e-mail to the data subject’s last known e-mail address;

• placed in a prominent position on the website of The Wesley;

• published in the news media; or

• as may be directed by the Regulator.

The notification must provide sufficient information to allow the data subject to take protective measures against the potential consequences of the compromise, including—

• a description of the possible consequences of the security compromise;

• a description of the measures that The Wesley intends to take or has taken to address the security compromise;

• a recommendation with regard to the measures to be taken by the data subject to mitigate the possible adverse effects of the security compromise; and

• if known to The Wesley, the identity of the unauthorised person who may have accessed or acquired the personal information.

Data subject participation

A data subject, having provided adequate proof of identity, has the right to—

• request The Wesley to confirm, free of charge, whether or not The Wesley holds personal information about the data subject; and

• request from The Wesley the record or a description of the personal information about the data subject held by The Wesley, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information.

If, in response to a request, personal information is communicated to a data subject, the data subject must be advised of the right to request the correction of information.

The Wesley may or must refuse, as the case may be, to disclose any information requested to which the grounds for refusal of access to records set out in the applicable sections of Chapter 4 of Part 2 and Chapter 4 of Part 3 of the Promotion of Access to Information Act.

A data subject may, in the prescribed manner, request The Wesley to—

• correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or

• destroy or delete a record of personal information about the data subject that The Wesley is no longer authorised to retain.

On receipt of a request, The Wesley must, as soon as reasonably practicable—

• correct the information;

• destroy or delete the information;

• provide the data subject, to his or her satisfaction, with credible evidence in support of the information; or

• where agreement cannot be reached between The Wesley and the data subject, and if the data subject so requests, take such steps as are reasonable in the circumstances, to attach to the information in such a manner that it will always be read with the information, an indication that a correction of the information has been requested but has not been made.

If The Wesley has taken steps that result in a change to the information and the changed information has an impact on decisions that have been or will be taken in respect of the data subject in question, The Wesley must, if reasonably practicable, inform each person or body or responsible party to whom the personal information has been disclosed of those steps.

The Wesley must notify a data subject, who has made a request, of the action taken as a result of the request.

Special personal information

The Wesley may not process personal information concerning—

• the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or

• the criminal behaviour of a data subject to the extent that such information relates to—

  • the alleged commission by a data subject of any offence; or

  • any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.

The prohibition on processing personal information does not apply if the—

• processing is carried out with the consent of a data subject;

• processing is necessary for the establishment, exercise or defence of a right or obligation in law;

• processing is necessary to comply with an obligation of international public law;

• processing is for historical, statistical or research purposes to the extent that—

  • the purpose serves a public interest and the processing is necessary for the purpose concerned; or

  • it appears to be impossible or would involve a disproportionate effort to ask for consent, and sufficient guarantees are provided for to ensure that the processing does not adversely affect the individual privacy of the data subject to a disproportionate extent;

• information has deliberately been made public by the data subject; or

• provisions of sections 28 to 33 of POPIA are, as the case may be, complied with.

The prohibition on processing personal information concerning a data subject’s race or ethnic origin does not apply if the processing is carried out to—

• identify data subjects and only when this is essential for that purpose; and

• comply with laws and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination.

The prohibition on processing personal information concerning a data subject’s criminal behaviour or biometric information does not apply if the processing is carried out by bodies charged by law with applying criminal law or by responsible parties who have obtained that information in accordance with the law.

Personal information of children

The Wesley may not process personal information concerning a child.

The prohibition on processing personal information of children does not apply if the processing is—

• carried out with the prior consent of a competent person;

• necessary for the establishment, exercise or defence of a right or obligation in law;

• necessary to comply with an obligation of international public law;

• for historical, statistical or research purposes to the extent that—

  • the purpose serves a public interest and the processing is necessary for the purpose concerned; or

  • it appears to be impossible or would involve a disproportionate effort to ask for consent, and sufficient guarantees are provided for to ensure that the processing does not adversely affect the individual privacy of the child to a disproportionate extent; or

• of personal information which has deliberately been made public by the child with the consent of a competent person.

Direct marketing

The processing of personal information of a data subject for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or e-mail is prohibited unless the data subject—

• has given his, her or its consent to the processing; or

• is a customer of The Wesley.

The Wesley may approach a data subject—

• whose consent is required; and

• who has not previously withheld such consent, only once in order to request the consent of that data subject.

The data subject’s consent must be requested in the prescribed manner and form.

The Wesley may only process the personal information of a data subject who is a customer of The Wesley—

• if The Wesley has obtained the contact details of the data subject in the context of the sale of a product or service;

• for the purpose of direct marketing of The Wesley’s own similar products or services; and

• if the data subject has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his, her or its electronic details—

  • at the time when the information was collected; and

  • on the occasion of each communication with the data subject for the purpose of marketing if the data subject has not initially refused such use.

Any communication for the purpose of direct marketing must contain—

• details of the identity of the sender or the person on whose behalf the communication has been sent; and

• an address or other contact details to which the recipient may send a request that such communications cease.

Where you register for a The Wesley event or webinar, your contact details may be added to The Wesley’s mailing database and used to keep you informed of relevant news, industry updates, upcoming events and webinars, and information about our services. You may unsubscribe or update your communication preferences at any time by using the links provided in our communications.

Transfers of personal information outside Republic

The Wesley in the Republic may not transfer personal information about a data subject to a third party who is in a foreign country unless—

• the third party who is the recipient of the information is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that—

  • effectively upholds principles for reasonable processing of the information that are substantially similar to the conditions for the lawful processing of personal information relating to a data subject who is a natural person and, where applicable, a juristic person; and

  • includes provisions, that are substantially similar to this section, relating to the further transfer of personal information from the recipient to third parties who are in a foreign country;

• the data subject consents to the transfer;

• the transfer is necessary for the performance of a contract between the data subject and The Wesley, or for the implementation of pre-contractual measures taken in response to the data subject’s request;

• the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between The Wesley and a third party; or

• the transfer is for the benefit of the data subject, and—

  • it is not reasonably practicable to obtain the consent of the data subject to that transfer; and

  • if it were reasonably practicable to obtain such consent, the data subject would be likely to give it.

For the purpose of this provision—

• ‘‘binding corporate rules’’ means personal information processing policies, within a group of undertakings, which are adhered to by a responsible party or operator within that group of undertakings when transferring personal information to a responsible party or operator within that same group of undertakings in a foreign country; and

• ‘‘group of undertakings’’ means a controlling undertaking and its controlled undertakings.

CHANGES TO THIS NOTICE

This Policy was last updated on 21 June 2021. Please note that we may amend this Policy from time to time.

HOW TO CONTACT US

If any person has questions about this Policy or believes The Wesley has not adhered to it, or needs further information about The Wesley’s privacy practices or wishes to give or withdraw consent, exercise preferences or access or correct the person’s personal information, please feel free to contact The Wesley at:

South Africa: +27 71 614 3836

International: +27 71 614 3836

Address: 65 Cumberland Avenue, Bryanston, Sandton, Johannesburg, 2191.

INFORMATION REGULATOR

Any person has the right to complain to the Information Regulator regarding any breach of the POPIA provisions by The Wesley, whose contact details are:

Information Regulator

Email: inforeg@justice.gov.za

­­­The Wesley (“our”) website uses cookies and similar technologies in order to understand how you use and save your references in order to allow you to better navigate our Site and provide you with the best site experience. This Cookie Policy is part of our Privacy Statement. Please read this Cookie Policy carefully and ensure that you understand it. By continuing to use our Site, it is deemed that you accept our Cookie Policy. If you do not agree with our Cookie Policy, please stop using our Site immediately.

WHAT ARE COOKIES

Cookies are pieces of code that are stored in your web browser. These text files are placed on your computer, smartphone, or other device when you visit a website and allows us, or a third-party partner to recognise you and make operations more efficient when you revisit our site, by allowing us to prioritise your interests.

USE OF COOKIES

We use cookies to obtain information about your visits and the devices you use to access our website. This allows us to tailor the content on our website to fit your specific needs and help us improve your experience. Where available this includes IP address and pseudonymous identifiers, operating system, and browser type and, depending on the cookie, also includes the reporting of statistical data about our users’ browsing actions and patterns

We use the following types of cookies:

THIRD PARTY WEBSITES

As our website may link to third party websites that we do not control, we suggest that you check the policies of those websites for information about the cookies they may be using. The Wesley cannot accept any responsibility for any loss obtained through these third-party websites.

HOW YOU CAN CONTROL COOKIES

Cookies by themselves cannot be used to discover your identity and don’t damage your computer. Internet browsers normally accept cookies by default. You can change these settings if you wish. Your browser can be set to notify you when you receive a cookie, enabling you to decide if you want to accept it or not. If you choose not to accept cookies from The Wesley website, it may limit the website functionalities or performance.

For more information on how to modify your browser settings to block or filter cookies, see https://www.aboutcookies.org. These are external links, and we are not responsible for its content.

CHANGES TO THIS COOKIE POLICY

We may alter this Cookie Policy from time to time. Any such changes will become binding on you on your first use of our Site after the changes have been made. Please check this website periodically to inform yourself of any changes.

In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the latest version of the Cookie Policy prevails.

FURTHER INFORMATION

If you would like to know more about how we use cookies, please refer to the contact options provided on The Wesley website.

For more information about privacy, data protection and our terms and conditions, please view Privacy Policy and Terms and Conditions.

The information provided in this site is not intended to constitute tax advisory or legal advice and you use it as such, at your own risk. The Wesley (“the Company”) accepts no responsibility or liability for damages arising from the use of the information. If tax advisory and legal advice is required on any issue, you should contact us.

We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the information contained on this site or your inability to use this site. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

ACCEPTANCE

These Terms and Conditions become effective when you access the site for the first time and constitute a binding agreement between the Company, including its subsidiaries and affiliates and yourself, which will always prevail. The updated version of these terms and conditions governs our respective rights and obligations each time you access this site.

Users are encouraged to refer to these terms and conditions before using the site as they may be updated from time to time.

NATURE OF INFORMATION ON THE SITE

All information on this site is only intended to provide you with general information about the Company. Nothing contained on this site constitutes an offer or agreement to enter into any transaction, nor does it constitute guidance, a proposal or recommendation to enter into any transaction.

All information is provided “as is” and should not be treated as professional, tax or legal advice of any kind. You should consult one of our professionals which comprise of admitted attorneys, chartered accountants, tax specialists and international mobility professionals before relying on any information on this site.

CONTENT YOU PROVIDE

All information submitted by you must be and must remain true, accurate, current and complete. You shall not misrepresent your identity.

By using the site, you grant us the right to use information, data, materials or other content you provide to us to be uploaded via the site or which you have provided for the purposes of rendering the services and such other purposes as set out in the privacy policy.

COMMUNICATIONS THAT ORIGINATE FROM YOU

We may assume that all electronic communications which reasonably appear to originate from You or a person You have told Us is authorised to act on Your behalf are in fact from You and the form in which We receive the communication is the same as when it was first dispatched.

INFORMATION FEEDS

We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. You agree that such information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.

LINKED SITES

This site may contain links to other sites. While we try to provide links only to reputable sites, we cannot accept responsibility or liability for the information provided on other sites. Where you access a third-party site, you do so at your own risk.

PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.

An application for linking must be submitted through the contact options provided on The Wesley website. Once received we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within ten business days, consider your request as having been rejected.

Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.

YOUR PERSONAL INFORMATION

We will protect and use your personal information in accordance with our privacy policy.

INFORMATION ABOUT USE OF COOKIES

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with the best experience when you browse our site and allows us to improve our site functionality. By using our site, you are agreeing to the use of cookies as set out in our cookies policy.

OUR INTELLECTUAL PROPERTY

This site may contain the intellectual property of the Company, its subsidiaries or affiliates and may not be reproduced or disseminated in whole or in part without the Company’s written consent. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site.

Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.

An application to use our intellectual property must be submitted through the contact options provided on The Wesley website. Upon receiving your application, we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within ten business days, consider your request as having been rejected.

Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.

TRANSMISSION OF INFORMATION

As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.

TERMINATION, SUSPENSION AND LIMITATION

We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice to you. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site.

NO WARRANTIES OR REPRESENTATIONS

We do not warrant that the site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

HOW DISPUTES WILL BE RESOLVED

All disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation.

Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.

THE LAW GOVERNING OUR RELATIONSHIP

The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.

HOW TO CONTACT US

If you have questions about this Notice or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please refer to the contact options provided on The Wesley website.

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