The Southern African Association of Jungian Analysts
Collection and Use of Website Usage Data
In addition to personal information that you may provide to us, we may also collect and store website usage data. This usage data is not personally identifiable information, but rather data such as the name of your Internet service provider, any pages you request, the date and time of such request, the site that referred you to us, and the average length of time you used the website, etc. To the extent that we collect this data, we only use such data to measure activity on the website to assist us in analysing and improving the website.
Uses of Personal Information
SAAJA shall only collect your personal information for specific, explicitly defined and lawful purposes relating to a function or activity of SAAJA. We do receive and store information you provide to us via our website for the following purposes:
- responding to your requests;
- modifying our public programming;
- communicating with you; and
- notifying you about any changes to the website.
Collection directly from you
SAAJA shall, as far as possible, always collect personal information about you directly from you, except in the following circumstances –
- where personal information is collected from a public record, or from another source if the information has already been made public to you;
- where you have given your written consent to SAAJA to collect your information from another source;
- where the collection of your personal information from another source will not prejudice any of your legitimate interests;
- where the collection of personal information from another source is necessary to maintain our legitimate interests or those of any third party we intend sharing the information with;
- where the collection of personal information directly from you would prejudice the purpose for the collection; or
- where the collection of personal information directly from you is not reasonably practicable in the circumstances.
If SAAJA collects personal information from a source other than you, we shall record in writing the details of that source, including the full names and contact details of that source where applicable.
You shall have the following rights in relation to the processing of your personal information
- to access and correct any personal information held by SAAJA about you; and
- to object to the processing of your information.
Retention of information
SAAJA will keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless
- SAAJA is required by law to keep a record of such information for a longer period of time; or
- SAAJA needs to keep a record of such information for another lawful purpose; or
- SAAJA has a contractual obligation to keep a record of such information; or
- You have consented to your information being kept for a longer period.
Where SAAJA is no longer authorised to retain a record of any personal information, SAAJA shall either
- ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
- return the information to you or transfer it to a third party, if requested by you in writing to do so.
Accuracy, Correctness and Completeness of Personal Information
SAAJA shall take reasonably practicable steps to ensure that the personal information kept by us about you is complete, accurate, not misleading and is updated when necessary.
We have SSL security on our website. For more information about SSL, see the link below:
Opt Out Procedure
If you do not want to receive e-mail or other mail from us, please notify us by e-mail at email@example.com and we will remove your name from our mailing list.
Website Terms and conditions of use
For Use in South Africa
The Site is controlled and operated by the SAAJA (Us or We) from its offices in Cape Town, South Africa. We do not represent that the Site is appropriate or available for use elsewhere; access to the Site from locations where its contents are illegal is not authorized. If you access the Site from outside South Africa, you do so on your own initiative and at your own risk.
Use of the Site
Restrictions on Your Use of the Site
Disclaimer of Warranties
The Site and its Content are provided as is, without warranty and with all faults. We hereby disclaim and exclude all warranties, express or implied, with respect to the site and its content, including but not limited to warranties of merchantability, fitness for a particular purpose, completeness, correctness, timeliness, reliability, and non-infringement.
Limitation of Liability and Exclusion of Damages
In no event shall SAAJA or any of its directors, officers, members or agents be liable under any law, contract or other legal theory, with respect to any adverse consequences of any kind (whether direct or indirect, special, incidental, consequential or punitive, including, without limitation, actions, applications, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, interdicts, judgements, orders, decrees, directives, rulings, damages, dues, penalties, fines, costs, reasonable amounts paid in settlement, liabilities, obligations, tax, liens, losses, compensation, expenses, fees, damages caused by interruptions, errors, omissions, delays in operation or transmission, defects or computer viruses) (“Adverse Consequences“) as a result of your access to or use of (or inability to access or use) the site or its content, even if advised of the possibility of such damages.
Links to Third-Party Web Sites
Governing Law; Exclusive Jurisdiction
Website General Terms and Conditions of Sales
Acceptance of Terms; Entire Agreement.
As used herein, the terms “we”, “us” and “our” means the Southern African Association of Jungian Analysts. You will be deemed to have assented to the terms and conditions set forth herein (the Terms) upon your placement of an order. These Terms constitute the entire agreement between us, and supersede all prior agreements and understandings between us, whether oral or written, relating to the subject matter hereof.
Description of Products.
SAAJA sells programs. All programs set forth in our online shop are live recordings of lectures, workshops, seminars, and courses. Program descriptions are written by the program’s presenter and reflect the content of the presentation as originally presented. The quality of the recordings may vary from program to program. Every effort has been made to preserve all content, participant questions, and conversations as originally presented. However, technical difficulties are unavoidable and may have rendered some information unintelligible. Also, personal information such as participant introductions and personal case information may have been edited from recordings.
Use of Products.
Except as otherwise agreed by us in writing, you may use the products purchased hereunder for your personal use only, and such products are not to be used in any manner for any commercial purposes.
Unless expressly stated otherwise, all prices stated in our catalogue or on our web site are exclusive of all sales, use, excise, and similar taxes, as well as all charges for packing and shipping. You shall be required to pay all such taxes and charges (as applicable), and such taxes and charges shall be stated in the total amount that you will be required to pay. If we are required to pay any such tax or charge, you shall reimburse us therefor or provide to us at the time you submit the order an exemption certificate or other document acceptable to the authority imposing such tax or charge.
Once an order is placed, you cannot cancel the order online. You may cancel an order within 24 hours after submitting the order by calling the Centre at +27 (0)21 689 6090, or email SAAJA firstname.lastname@example.org. You may not cancel any order after 24 hours.
Returns. All sales are final
Products may be returned for credit or exchange only if the media is proven to our satisfaction to be defective; provided, however, that there shall be no credit or exchange if we determine, in our sole discretion, that you altered or misused the products. If you fail to notify us of any such defect within seven (7) days after your receipt of the product, the product shall be deemed to have been accepted by you.
Disclaimer of Warranties.
All programs are produced and sold AS IS, without warranty and with all faults. We make no warranties concerning the products sold hereunder (including relating to the content thereof), express or implied, including but not limited to warranties of marketability, fitness for a particular purpose and non-infringement.
Limitation of Liability and Exclusion of Damages.
In no event shall we or any of our directors, officers, members or agents or program presenters be liable under any law, contract or other legal theory, for any Adverse Consequences, even if advised of the possibility of damages. No liability shall attach to SAAJA in relation to claims, losses or liabilities arising out of or relating to these terms and the sale of products to you which in aggregate exceed an amount equal to the price paid by you to us for the products at issue on the basis that the aggregate amount recoverable from SAAJA, exclusive of interest and costs, from whatever cause arising, shall be limited to the aforesaid amount.
No failure or delay on our part in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. Any waiver granted hereunder must be set forth in a writing signed by us and shall be valid only in the specific instance in which it was given. If any provision of these Terms, or the application of any such provision to any entity or circumstance, shall be declared to be invalid, unenforceable, or void, such decision shall not have the effect of invalidating or voiding the remainder of these Terms, which shall remain in full force and effect.
Governing Law; Exclusive Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles. Any dispute, claim or controversy between you and us related to these terms and the products sold hereunder that cannot be resolved through good faith negotiations shall be venued in any court located in South Africa and the parties hereby consent to the exclusive jurisdiction of any such courts.
Information on Copyright Laws in South Afric
By Smit and van Wyk, Patent, Trademark and Copyright Attorneys
Copyright Laws in South Africa are governed by the Copyright Act of 1978 and its amendments. CIPC (Companies and Intellectual Property Commission) and DTI (Department of Trade and Industries) oversee copyright in the country. As a member of the Berne Convention and TRIPS Agreement, copyright works protected in South Africa are also protected in other member states of the above. One doesn’t have to register copyright on a work for it to be protected. Copyright is automatically assigned the moment an original creative work takes a tangible form. Copyright apply to works that have some form of creativity embedded. As such a mere list of facts or data cannot be copyright protected. A grocery list for instance, is not a creative act and thus cannot be protected.
Copyright Law in South Africa apply to computer programs, literary works, broadcasts, cinematographic films, artistic expressions such as music, photographs, paintings, drawings, and sculpting related works, and architectural works, as well as published editions and sound recordings. With cinematograph films registration is required as such are complex works embedding several other creative works.
Usage Rights: Infringement of copyright can take place when a party copies, uses, sells, rents out, imports or disposes, stores and makes available copyright protected works in a manner not authorised by the copyright holder. One can get usage and selling rights on a work through a license agreement. It is important to note that such rights can range from master reseller to mere usage rights. Royalties are paid to the copyright holder for such usage.
This depends on the type of work that has been created. Generally, the term of copyright is 50 years, subject to the following:
Literary, Musical or Artistic Works
Copyright exists for the life of the author plus 50 years following death, calculated from the end of the year the author died in or 50 years from the date of first publication, performance in public, offering for sale of records thereof or the broadcasting thereof , whichever is later.
Films and Photographs
50 years from the end of the year in which the work is made publicly available, or the end of the year in which the work is first published, whichever is longer, or fifty years from the end of the year in which the work is made
50 years from the end of the year in which the recording is first published
50 years from the end of the year in which the broadcast first takes place
50 years from the end of the year in which the signals are emitted to a satellite
50 years from the end of the year in which the edition is published
Transfer of Copyright
Much like other property, copyright can be transferred by assignment, testamentary disposition or by operation of law. Copyright can also be licensed to a licensee for royalties. It is important to note that an assignment and an exclusive license (which precludes anyone else, including the author from using the creation) must be in writing and signed by the assignor to be valid. A non-exclusive license may be written or oral, or inferred from the conduct of the parties.
Cultural appropriation as a specific form of copyright infringement
Below is a reference to a podcast announcing a new law which aims to curb cultural appropriation in South Africa, as well as a few paragraphs from an article by Adams and Adams, offering a definition of cultural appropriation.
‘The president has signed the Protection, Promotion, Development, and Management of Indigenous Knowledge Bill into law. The new act aims to prevent the ‘unauthorised use and misappropriation of knowledge developed over time’ by the country’s indigenous communities.’ (New law aims to curb cultural appropriation in South Africa 21 August 2019 5:24 PM)
South Africa: The Thorny Issue Of Cultural Appropriation
By Adams and Adams, 12 April 2019
‘Despite there being a lot of attention to cultural appropriation and numerous difficulties in dealing with it, cultural appropriation itself is a relatively simple phenomenon. The concept stems from sociology and deals with the adoption of the elements of a minority culture by members of the dominant culture. In many instances, those from the dominant culture may reduce cultural elements to exotic fashion or toys, which may have deep meaning to the original culture. In a sense, cultural appropriation is a form of bullying where a dominant party uses unfair tactics to exert its dominance over a smaller party.
In a more straightforward manner, cultural appropriation is a means to the end of ethnocide, an anthropological concept referring to the extinction of several cultures and the assimilation to one particular culture. The latter is the dominant culture and is today portrayed by the Western society. Although the law does not currently regulate ethnocide in itself, model laws and recommendations acknowledge that the right to cultural identity is protectable as an International Human Right.’ Adams & Adams