THE LEGAL STUFF

Effective: 11 June 2019

Welcome to our site! We are so happy you are here, but before you use the site, please read these terms of use carefully! The section below entitled “dispute resolution” has a mandatory arbitration provision. It affects your legal rights. Please read it.

ABOUT WYNLEIGH INTERNATIONAL CERTIFICATION SERVICES

We own and operate the website wics.co, wynleigh.com, the related social media sites, and selected other domains (collectively, the “Sites”). These terms of use (the “Agreement”) constitute a contract between you and us. What does that mean? It means that by accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree, do not use the Sites. As used in this Agreement, “Wynleigh International Certification Services,” “we,” “us,” and “our” shall mean Wynleigh International Certification Services (Pty) Ltd. and its subsidiaries and affiliates.

The consulting and training service providers advertised on our Sites operate independently and have entered into agreements with us to provide the advertising services available to you on the Sites. The consulting and/or training service provider  is required to comply with national and local legislation, rules, regulations, and standards pertaining to the commercial sale and delivery of consulting and/or training/education services; Wynleigh International Certification Services is not responsible for the consulting and/or training service provider’s content or quality of service and does not verify any consulting and/or training service provider’s compliance with applicable laws. 

In addition, Wynleigh International Certification Services does not guarantee the quality of what the consulting and/or training service providers sell, nor does it guarantee the services provided by the consulting and/or training service provider. In addition, Wynleigh International Certification Services does not independently verify representations made by consulting and training service providers. Wynleigh International Certification Services indemnify ourselves and do not accept any liability for any loss, due to omission, error, action or inaction, performance, non-performance of the consulting and/or training service provider, including the consequences thereof.

OUR MATERIALS AND LICENSE TO YOU

With the exception of User Content (defined below), the Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to Wynleigh International Certification Services. The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the Republic of South Africa and other countries within the SADC region. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to Wynleigh International Certification Services. Please be advised that Wynleigh International Certification Services enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of Wynleigh International Certification Services or the appropriate third party owner, as applicable.

Wynleigh International Certification Services reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites’ features, look and feel, and functional elements and related services.

YOUR CONTENT AND CONDUCT

I. Content You Provide

Wynleigh International Certification Services may provide you with interactive opportunities on the Sites, including, without limitation, features such as user ratings and reviews, saved favourites, liked items and bookmarked consulting and training service providers  (collectively, “Interactive Areas”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Sites (“User Content”).

II. Use of Your Content

You grant Wynleigh International Certification Services an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, distribute and/or otherwise use User Content in connection with Wynleigh International Certification Services’ business and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you.

User Content transmitted to certain parts of the Sites, without limitation, may be posted in public areas on our Sites, including without limitation in a compilation format, and as such will be publicly visible and accessible. Wynleigh International Certification Services and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designers, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.

Wynleigh International Certification Services may monitor any and all use of the Sites; however, we are under no obligation to do so. We may manage the Sites in a manner intended to protect our property and rights and to facilitate the proper functioning of the Sites. If any User Content or conduct on our Sites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples’ enjoyment of the Materials or our Sites; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to any Interactive Areas or any Sites. Wynleigh International Certification Services will cooperate with the authorities to the extent required by applicable law in connection with User Content.

III. Ratings and Reviews

The Sites may allow you to rate and post reviews of consulting and training service providers and other businesses (“Ratings and Reviews”). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Sites’ standards of conduct. Ratings and Reviews are not endorsed by Wynleigh International Certification Services and do not represent the views of Wynleigh International Certification Services or of any affiliate or partner of Wynleigh International Certification Services. Wynleigh International Certification Services does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the service provider; (2) you may not have a proprietary or other affiliation with either the service provider or any of its competitors; (3) you may not draw any legal conclusions regarding the consulting and training service providers ‘ products, services or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed or excluded by us without notice.

DISCLAIMER

The sites, the materials and all other content on the sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, the released parties disclaim, with respect to the materials and all other content on the sites, all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Wynleigh International Certification Services does not represent or warrant that the sites, the materials and/or the other content on the sites will be secure, uninterrupted and/or error-free, that defects will be corrected, and/or that the sites, the materials and/or other content on the sites are free from viruses or other harmful components. Wynleigh International Certification Services does not warrant or make any representations regarding the use or the results of the use of the sites, the materials and/or any other content on the sites in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise. You (and not Wynleigh International Certification Services) assume the entire cost of all necessary services relating to your use of the sites, the materials and/or other content on the sites. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you. This exclusion is enforceable in South Africa.

LIMITATION OF LIABILITY

In no event shall Wynleigh International Certification Services be liable to you for any indirect, special, incidental, or consequential damages, or any loss or damages whatsoever (even if Wynleigh International Certification Services has been previously advised of the possibility of such damages), in a warranty, contract, or negligence action that in any manner arises out of or in connection with the use, inability to use, performance of, or services provided on or through the sites. Wynleigh International Certification Services assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the sites. Wynleigh International Certification Services assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through the sites, as well as any third party website pages or additional websites linked to this site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall Wynleigh International Certification Service’s total liability to you for all damages, losses and causes of action, whether in warranty, contract, or negligence exceed (a) the amount paid by you to Wynleigh International Certification Services, if any, or (b) R1000 (whichever is less). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This limitation is enforceable in South Africa.

You and Wynleigh International Certification Services agree that the warranty disclaimers and limitations of liability in this agreement are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and Wynleigh International Certification Services agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.

If you are dissatisfied with the site or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the site, except as may be otherwise provided for in this section.

THIRD PARTY LINKS

The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Wynleigh International Certification Services does not review, monitor, operate and/or control the Third Party Websites and Wynleigh International Certification Services makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Wynleigh International Certification Services is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Wynleigh International Certification Services reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

ADDITIONAL TERMS

Your use of the Sites is subject to any and all additional terms, policies, rules or guidelines applicable to Wynleigh International Certification Service’s services or certain features of the Sites that we may post or link to on the Sites (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Sites. All such Additional Terms are hereby incorporated into this Agreement by reference.

VIOLATIONS OF THE AGREEMENT

Wynleigh International Certification Services reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the “Terms of Use” tab (“Updated Terms”). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

DISPUTE RESOLUTION

Arbitration

You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Wynleigh International Certification Services otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.

WAIVER AND SEVERABILITY

Any waiver by Wynleigh International Certification Services of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

Registration Number of Company: 2017/201693/07

WYNLEIGH INTERNATIONAL CERTIFICATION SERVICES PROPRIETARY LIMITED MANUAL

in terms of Section 51 of The Promotion of Access to Information Act 2/2000 (the “ACT”) Contents

1. Introduction
2. Business and Contact details
3. Manual and Guidelines
4. Records available in terms of Section 2(2) of the Act
5. Records that are held at the offices of the business
6. Information request procedure
7. Denial of access
8. Fees
9. Manual Availability

1. Introduction

The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights. 

Specifically, section 51(1) of the Act provides that within six months after the commencement of this section or within six months after coming into existence of the private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies. 

In this context, a “private body” is defined as any natural person who carries or has carried on any trade, business or profession, but only in such capacity or any partnership which carries or has carried on any trade, business or profession or any former or existing juristic person (e.g. any company, close corporation or business trust).

Wynleigh International Certification Services Proprietary Limited falls within the definition of a “private body” and this Manual has been compiled in accordance with the said provisions and to fulfil the requirements of the Act.

In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.

Accordingly, this manual provides a reference to the records held by Wynleigh International Certification Services Proprietary Limited and the process that needs to be adopted to access such records. 

All requests for access to information (other than information that is available to the public) must be addressed to the Information Officer named in section 2 of this Manual. 

2. Business and Contact details

3. Manual and Guidelines

Section 10 of the Act provides that the South African Human Rights Commission must compile simple and easily comprehensible guidelines on how to use the Promotion of Access to Information Act. Any enquiries relating to this guide should be directed to the Chief Executive Officer of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone +2711 484 8300 or Fax +2711 484 1360. Copies of the Guide are also available at the following places:

• The office of the Government Communications and Information Services;
• Library of Parliament, Cape Town;
• The South African Library, Cape Town;
• Natal Society Library, Pietermaritzburg;
• The State Library in Pretoria;
• City Library Services, Bloemfontein;
• The National Film, Video and Sound Archives, Pretoria;
• Every Tertiary Education Institution established by or under any law.

Copies of the Guide are also available in all official languages at the following offices:

• All offices of public bodies;
• All Magistrates’ Offices;
• All offices of the Department of Justice and Constitutional Development;
• All Post Offices;

The Guide is also available at all offices and on the website of the South African Human Rights Commission, (http://www.sahrc.org.za/).

4. Records available in terms of Section 2(2) of the Act

Not applicable

5. Records that are held at the offices of the business

The following is a list of records that are held at the business’s office:

COMPANIES ACT RECORDS

• Documents of incorporation
• Memorandum and Articles of Association
• Minutes of Board of Directors meetings
• Records relating to the appointment of directors and auditor
• Share register and other statutory registers

FINANCIAL RECORDS

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Bank Statements
• Electronic banking records
• Asset Register
• Invoices

INCOME TAX RECORDS

• PAYE Records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• All other statutory compliances:
• VAT
• Regional Services Levies
• Skills Development Levies
• UIF
• Workmen’s Compensation

PERSONNEL DOCUMENTS AND RECORDS

• Employment contracts
• Disciplinary records
• Salary records
• SETA records
• Leave records
• Training records

6. Information request procedure

• All requests for access to any record must be done formally either via conventional mail or by e-mail.
• This request must be in the prescribed format as defined in Form C of Annexure B as identified in Government Notice Number 187, Regulation 6. A request form is available from our offices
• The request form must be completed as follows:
  • Type or print in BLOCK LETTERS and answer every question.
  • If an answer does not apply, state “N/A” in response to that question.
  • If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
  • If there is insufficient space on a printed form in which to answer a question, additional information may be provided on a separate page that is clearly marked and referenced.
• The prescribed request fee must be attached.

We will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted or denied. Please note that the successful completion and submission of a request for access form does not automatically allow the requestor access to the requested record. Access will be granted to a record if the following criteria are fulfilled:

• The record is required for the exercise or protection of any right; and
• The requestor complies with the procedural requirements set out in the Act relating to a request; and

Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act.

7. Denial of access

Access to any record may be refused under certain limited circumstances. These include:

• The protection of personal information from unreasonable disclosure concerning any natural person;
• The protection of commercial information held concerning any third party (for example trade secrets);
• The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interests of any third party;
• Disclosures that would result in a breach of a duty of confidence owed to a third party;
• Disclosures that would jeopardize the safety or life of an individual;
• Disclosures that would prejudice or impair the security of property or means of transport;
• Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;
• Disclosures that would prejudice or impair the protection of the safety of the public;
• Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
• Disclosures of details of any computer programme;
• Disclosures that will put Wynleigh International Certification Services Proprietary Limited at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
• Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of Wynleigh International Certification Services Proprietary Limited. Disclosures of any record containing information about research and development being carried out or about to be carried out by Wynleigh International Certification Services Proprietary Limited.

If access to a record or any other relevant information is denied, our response will include:

• Adequate reasons for the refusal; and

Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.

8. Fees

The applicable fees are prescribed in terms of the Regulations promulgated under the Act. There are two basic types of fees payable in terms of the Act. Request Fee The non-refundable request fee of R 50 (excluding VAT) is payable on submission of any request for access to any record. This does not apply if the request is for personal records of the requestor. No fee is payable in such circumstances. Access Fee The access fee is payable prior to being permitted access to the records in the required form. The applicable fees are prescribed in terms of Part III of Annexure A as identified in Government Notice Number 187, Regulation 11.

9. Manual Availability

This Manual is available at the offices of the South African Human Rights Commission. Copies may also be obtained from the Head of Business of Wynleigh International Certification Services Proprietary Limited. If hard copies are required, any transmission costs or postage will be for the account of the requester.

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1. Proposal Validity:

1.1. This proposal is valid for a period of thirty (30) days from the date specified in the corresponding quotation.

2. Acceptance and Confirmation:

2.1. The client is required to confirm acceptance through a written order placed on Wynleigh International Certification Services (PTY) Ltd., referencing the provided quote number on an official purchase order.

3. Payment for Accredited Certification Audit Services:

3.1. By placing a written order on Wynleigh International Certification Services (PTY) Ltd., the Client agrees to these terms and conditions.

3.2. Payment for accredited certification audit services is due no later than twenty one (21) working days before the scheduled commencement of the planned audit.

3.3. If payment is not received within the specified timeframe, Wynleigh International Certification Services (PTY) Ltd. reserves the right to postpone or cancel the planned audit without any liability for damages or costs incurred by the Client. The Client acknowledges that, in such circumstances, they remain obligated to make the payment for the planned audit, and payment remains payable even if the audit is postponed or cancelled.

3.4. The Client is responsible for any associated bank charges or fees.

3.5. Payment confirmation, issued by Wynleigh International Certification Services (PTY) Ltd. upon full payment receipt, serves as authorisation for the planned audit.

4. Quoted Fees and Taxes:

4.1. All fees quoted are exclusive of Value Added Tax, unless explicitly stated otherwise.

5. Certification Suspension and Fees:

5.1. In the event of certification suspension by the Client or Wynleigh International Certification Services, certification fees remain applicable.

6. Annual Fee Increase:

6.1. Fees are subject to an annual percentage increase, at least based on the Consumer Price Index (CPI) published by Statistics South Africa. The client will receive a 60-day notice of such increase.

7. Late Payment, Cancellation, and Interest:

7.1. Interest may be charged on overdue fees.

7.2. Cancellation less than ten working days before a confirmed Audit date incurs a fee equivalent to the quoted fee for that audit.

8. Non-conformities and Additional Costs:

8.1. Client is responsible for additional costs incurred by Wynleigh International Certification Services for re-auditing identified non-conformities for close-out.

9. Exclusion of Base Line Information Costs:

9.1. Wynleigh International Certification Services may charge the client for acquiring base line information, including legislation, at its discretion.

10. Services Outside South Africa:

10.1. Client bears taxes, medical costs, insurance, and travel-related expenses for services delivered outside South Africa.

11. Logistic Expenses:

11.1. Travel, car hire, subsistence, and accommodation expenses not explicitly included will be invoiced at cost plus a 15% administration fee.

12. Auditor’s Vehicles and Travel Class:

12.1. Use of auditors’ vehicles is charged at published Automobile Association rates. Air travel within South Africa is in economy class.

13. Accommodation Standards:

13.1. Minimum accommodation standard is a nationally graded three-star hotel or equivalent.

14. Governing Law, Arbitration, and Dispute Resolution:

14.1. These terms and conditions are governed by the Laws of the Republic of South Africa.

14.2. Any dispute shall be resolved through arbitration, in accordance with the Arbitration Act No.42 of 1965, as amended.

14.3. The arbitration shall be held at a location convenient to all affected parties, following rules set by the arbitrator, in accordance with the Arbitration Act.

14.4. In case of arbitration, Wynleigh International Certification Services (PTY) Ltd. shall be entitled to recover all legal costs incurred from the client, including but not limited to attorney fees, expert witness fees, and other expenses, in accordance with their usual charges and assessed as between attorney and own client.

15. Legal Costs Recovery:

15.1. Wynleigh International Certification Services is entitled to recover legal costs incurred in enforcing rights under this agreement.

16. Client Facilities and Work Area:

16.1. The client is required to provide a suitable work area and telephone facilities for Wynleigh International Certification Services personnel at work sites.

17. Off-Site Activities and Liability:

17.1. Wynleigh International Certification Services personnel may perform audit activities off-site.

17.2. Wynleigh International Certification Services is not liable for circumstances beyond its control.

18. Certification Usage and Logos:

18.1. The client may not claim or refer to certification in a way that implies approval of the quality of the client’s products.

19. Logo Usage:

19.1. Logos and marks of ISO, IAF, and SANAS may not be utilized under any circumstances.

Appeals against any certification decisions regarding the audited management scheme will be dealt with in accordance with the contract entered into between the Organisation and Wynleigh International Certification Services (Pty) Ltd.

Any person or organisation that feels aggrieved by a certification decision of Wynleigh International Certification Services (Pty) Ltd may raise an appeal. The contact details published on this web site may be used to lodge a complaint.

The appellant is required to supply the following information:

• Client name
• Phone number
• Address
• Contact name
• Contact designation
• Nature of Appeal