Terms of use

IT IS IMPORTANT TO NOTE THAT THE USE OF ALL DORKK (PTY) LTD WEBSITES IS SUBJECT TO THE TERMS OF USE SET OUT BELOW. BY USING THIS WEBSITE YOU AGREE TO ALL TERMS OF USE, INCLUDING THE PRIVACY POLICY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST CEASE YOUR ACCESS AND USE OF THIS WEBSITE IMMEDIATELY.

Welcome to DORKK (PTY) LTD's website terms of use:

These website terms of use (“Terms”) govern all access or use of DORKK (PTY) LTD's websites, including the website at www.dorkk.online, all our virtual learning environments/online platform/s, and such other URLs as we may indicate from time to time (“Website/s”). If you do not agree to these Terms, you must cease your access or use of this Website immediately.

By agreeing to these Terms, you also consent to other policies as may be accessible on our Websites, including our Privacy Policy (“Policies”), which is incorporated by reference into these Terms.

Due to legal and other developments, we may be required to amend these Terms from time to time without notice. It is your duty to familiarise yourself with the current version of these Terms at the time you access or use a Website – the date of the last revision will appear at the end of these Terms. Continued use of the Website after any amendments have been affected will constitute your acceptance of these Terms, as amended.

Content

No offer: You should regard nothing contained on this Website as an offer, but as an invitation to view our Website and its content, and to sign up for the services offered.

No warranty: We take reasonable steps to provide accurate information through our Websites, but all information viewed or accessed from this Website is provided on an 'as is' basis, without any warranty, whether express or implied, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law.

Sharing of content: Any content on our Website which is subject to creative commons license, where indicated as such, may be shared provided that it is given the necessary credit in accordance with the provisions of the creative commons license in force from time to time. If the content does not indicate a creative commons license, then the Intellectual Property section below will apply.

Use at own risk: You may only use information on the Website for personal use. Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Website. Any articles, guides or information of any nature provided on this Website is summarised content and may not be applicable to your particular situation and should therefore not be relied upon solely by you for any purpose.

No warranty on availability: We do not warrant that this Website or the delivery, hosting and ancillary services or facilities of third-party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.

Third party websites

Disclaimer of third-party website content: This Website may contain hyperlinks to websites owned and/or operated by third parties including payment services of third parties. We are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us). The fact that a website is linked to this Website does not imply that we sponsor, endorse, or approve the contents, or that we are affiliated or associated with the entity that owns or is responsible for such third-party website.

Intellectual property

Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works contained in this Website is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. This also applies to all other forms of Intellectual Property including, but not limited to, trade marks, patents, inventions, goodwill and trade secrets. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by us or any other party.

Limited use: The contents and intellectual property of this Website may not be transmitted, transcribed, reproduced, stored, or translated into any other form without our prior written permission. However, we permit you to display the content of this Website on your computer as part of your viewing of the Website only. Written permission can be requested at legal@dorkk.online.

No other use: No other use of this Website or its intellectual property is permitted unless you enter into a license agreement with us. Without restricting the generality of the foregoing, you may not make commercial use of the content/intellectual property of this Website, include the content/intellectual property of this Website in or with any product that you create or distribute, or copy the content/intellectual property of this Website onto your own or another's website, unless otherwise expressly stated in these Terms.

Hyperlinking restricted: Our express written permission is required before any hyperlink other than to the home page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms. Requests for permission can be emailed to legal@dorkkk.online.

Permission: Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.

Framing restricted: Our express written permission, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to legal@dorkk.online.

Automated searches restricted: Apart from legitimate search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without our prior written consent.

Acceptable use policy

Introduction: You agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy (“AUP”) sets out the parameters within which you must make use of the Website (, and in so doing you agree to be bound by this AUP.

Internet use: You may not use our Website to engage in illegal, abusive or irresponsible behaviour, including:

Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorisation;
Monitoring data or traffic on any network or system without our authorisation;
Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and/or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks;
User of an internet account or computer without our authorisation, including, but not limited to internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Collection of personal information about third parties without their consent;
The intentional or negligent dissemination of any malicious code (meaning anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to permit access to or the use of a computer system by an unauthorised third party, or disable, damage, erase, disrupt or impair the normal operation of a computer system);
Forging of any Transmission Control Protocol, Internet Protocol packet header or any part of the header information in an email or a newsgroup posting; and/or
Any activity or conduct that is likely to result in retaliation against us or the Website.

Security: You must take reasonable security precautions. If applicable, your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it with any other person, and you should change your password regularly.

Other networks: You must comply with the rules of any other network you access or participate in using the Website.

Offensive content: Content “published or transmitted” via the Website includes web content, emails, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the internet. You may not publish, display or transmit via the Website any content that we reasonably believe:

constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including in relation to chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;

clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is discriminatory in any way, including by way of sex, race, or age discrimination;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and/or
is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.

General prohibitions: You agree to not engage in any of the following activities as a result of your use of the Website:

Making available copies of the Website content on a network server or web server for use by others;
Using, displaying or otherwise making available the Website content (or any portion thereof), or any other materials, to third parties in an electronic format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the Website content by any other means;
Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Website content or your rights granted to you under these Terms;
Reverse engineering, decompiling, or disassembling any software that is contained within Website content;
Should you be an educator, sharing, duplicating or distributing through whatever means the Website Content or your user details to learners/students, whether or not for commercial gain;
Uploading or otherwise transferring files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by you or you have the required authority to do so and have received all necessary consent to the intellectual property;
Uploading or otherwise transferring files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer;
Deleting any legal notices, labels or anything else in the Website content that displays authorship or ownership in any file that is uploaded;
Falsifying the origin or source of software or other material contained in a file that is uploaded;
Advertising or offering to sell any goods or services or conduct or forward surveys, contests or chain letters;
Downloading any file posted by another user of a forum you know, or reasonably should know, cannot be legally distributed;
Using any communications or content or other information obtained through the Website in a manner that is competitive with us or the Website; and/or
Allowing any third party to use your username and password in any manner other than as permitted by these Terms.

Consequences of violation of the AUP: You agree and acknowledge that we will not be held liable for content created by you, and you maintain all responsibility for your actions and statements made on the Website.

We reserve the right to remove content created by users of the Website at any time.

We may, without notice to you, suspend your right to participate in any of our services, including any services which are in progress, or remove any content transmitted via or stored on the Website if we reasonably believe you are using the Site or the Online Campus in breach of this AUP. You must cooperate with our reasonable investigation of any suspected breach of the AUP.

We will charge you for any breach of the AUP together with the cost of equipment and material needed to:

investigate or otherwise respond to any suspected violation of this AUP;
remedy any harm caused to us as a result of your violation of this AUP; and/or
respond to complaints.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable laws and provide any information we have about you and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Payments

Payment Processors: We are not directly involved in the online payment but through a third-party service provider. To process subscription fee payments, we use payment processors that we neither own nor control. Please see our Privacy Policy for further information about how we handle personal information in connection with payments on www.dorkk.online.

Subscription fee: When you select and subscribe to a plan as part of your registration process, you agree to pay the applicable monthly subscription fee. Subscription fees are non-refundable and once a payment has been made it cannot be cancelled. We do not accept any responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.

Automatic renewal:Should you not cancel your subscription fee or vary your selected plan by the last day of the current billing month, your plan for that month’s billing period will automatically be renewed for and in respect of the following month.

Cancellation of subscription fee: You may cancel your subscription at any time during the billing month via the cancellation link provided on the “Your Account” page. If you cancel your plan before the pre-paid billing period, you will not be charged again for your plan beginning with the next payment plan however, you will remain responsible for the billing period’s subscription fee which will not be refunded. If you cancel your subscription, you will lose access to Website content only at the end of the respective billing month in which you cancelled.

Upgrade and Downgrade: You may upgrade or downgrade your plan at any time. If you upgrade or downgrade your plan during the billing cycle, your credit card will immediately be charged an increased or decreased amount depending on your plan selection. Your device use of your plan will only begin with your next billing cycle.

Change in Fees: We may change the subscription fees for a plan at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs 30 (thirty) days after notification of our change of fees, provided that if you upgrade or downgrade to a new plan you will be charged at the then current rate for such plan.

Fees:Payments made by credit card attract a merchant service fee which is dependent on the amount being transacted and the currency. International cardholders using the service may incur their own bank’s international service fees, in addition to the merchant service fee. If any bank charges, wire fees and/or other costs are levied on or added to a payment made by you from any country or jurisdiction, you will be liable for all such bank charges, fees and/or additional costs.

Promo codes and vouchers: If You have been provided with a promo code or voucher and you would like to make use of it when you register for a plan, you will have to indicate this on the when registering, and you agree to be bound by the terms and conditions of the Policies. Should you register without utilizing the promo code, the promo code will become redundant, and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Subscription fee, once payment has been received by us. Promo codes are non-transferable and non-refundable.

Security

No liability: While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.

Prosecution: We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.

Personal information

Privacy Policy: Further information regarding the manner in which we respect the privacy of your personal information is contained in our Privacy Policy.

Consumer protection

Compliance with consumer protection legislation: If these Terms or the services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008 of South Africa, as may be amended from time to time, or any other applicable consumer legislation in terms of the German Civil Code, (together “Consumer Protection Legislation”), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Legislation. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Legislation are complied with.

Owner information

This Website is owned by DORKK (PTY) LTD, a private company registered and incorporated in accordance with the laws of South Africa. Your use of the website is a contract between you and DORKK (PTY) LTD.

Advertising and sponsorship

Third party content: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.

No liability: We accordingly exclude, to the fullest extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

Monitoring and interception of data messages

In order to provide a relevant, efficient, and secure service, and where required and permitted under law, we may monitor and/or intercept electronic communications such as emails which are sent to this Website. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and interception, and consent to it.

Receipt of data messages

Data messages: Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to.

Receipt: A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

Right not to respond: We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.

Confidentiality: You agree that data messages sent to this Website will not be regarded as confidential unless otherwise agreed in writing.

Disputes

Arbitration: For any dispute that you may have with DORKK (PTY) LTD arising from these Terms or your use of the Website, you agree to first contact us and attempt to resolve the dispute informally at legal@dorkk.online.

Should the dispute not be resolved, it may be referred to mediation and, in the event of mediation failing, arbitration under the arbitration rules of the Arbitration Foundation of Southern Africa, with such arbitration to be held in Johannesburg, South Africa, unless otherwise agreed between us.

Urgent relief: The foregoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.

Warranties, disclaimers and indemnities

You warrant that:

You are aged 18 or over;
You have the appropriate authority to validly accept the Terms and are able to and will meet your obligations in relation to the Terms;
The credit card used in connection with the Website is issued in your name or is one that you are authorised to use;
You will pay the credit card issuer all charges incurred in the use of the Website; and
The information supplied by you is true and correct.

We do not warrant or guarantee that the Website and/or your use of the Website will be error-free, immediate, virus free and/or continuously available or that the information provided through the Website will be complete, accurate and/or up to date.

Disclaimer: Subject to applicable law, we expressly disclaim all liability for any direct, indirect, or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion, and you may also have other rights that vary from jurisdiction to jurisdiction.

Indemnities: To the extent permitted by law, we do not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Website. In this regard, you agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries, and affiliates harmless from any demand, action, application, or other proceedings, including for attorneys' fees and related costs, made by any third party and arising out of or in connection with your use of or access to this Website and your breach of these Terms.

If, for any reason, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website, our liability will not in any event exceed the amount of the transaction which formed the basis of the damage or ZAR1 000.00, whichever is the lesser.

If the Consumer Protection Legislation applies to your transaction you may have rights or remedies that are not excluded or limited by the above clause.

General

Whole agreement: These Terms constitute the whole of the agreement between yourself and DORKK (PTY) LTD in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

Applicable law and jurisdiction: The laws of the South Africa and the Republic of South Africa shall apply to these Terms, their interpretation, and any matter or litigation relating to or arising from them, unless you are registered for a course through our Websites, in which case the provisions of the Student Terms and Conditions shall apply in determining relevant law. Should there be a conflict between these laws, the laws of South Africa shall prevail.

Assignment: These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by DORKK (PTY) LTD without restriction.

No Indulgence: If DORKK (PTY) LTD chooses not to enforce any part of these Terms, that does not mean that it cannot do so at a later time.

Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms.

Broken Links: Notwithstanding the fact that hyperlinks in these Terms to certain documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.

Last updated: 06 June 2024