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Membership Terms of Services


1. These Terms

  1. These are the Membership terms and conditions (“Terms of Services”) relevant to the services that Divers Alert Network Southern Africa NPC (“DANSA”, “we”, “us”, “our”) supply. These Terms of Services refer to the following additional terms which also apply to your use of our services:-
    • Our Terms of Use; and
    • Our Privacy Policy.
  2. The above terms and conditions and policies are hereby incorporated by reference and together are the agreement (“Agreement”) between us and you. If there is any conflict between the above terms and conditions/policy and the Terms of Services, the latter will prevail;
  3. All information that is incorporated by using hyperlinks and/or other methods of reference form part of these Terms and Conditions of Service (see section 11(3) of the ECT Act);
  4. Why you should read them. Please read these terms carefully before you use our services. These terms, unless otherwise specified under Service specific terms and conditions (Service Specific T&Cs), tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  5. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
    • may limit our risk or liability or the risk or liability of a third party; and/or
    • may create risk or liability for you (as a consumer); and/or
    • may compel you to indemnify us or a third party; and/or
    • serves as an acknowledgement, by you, of a fact.
  6. Your attention is drawn to these Terms of Service because they are important and should be carefully noted.

2. Information About Us & How To Contact Us

  1. Who we are: See our Terms of Use.
  2. How to contact us. To contact us, please use the contact information on our Contact Us page.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the address (electronic, physical or postal) you provided to us or such electronic communication facility as we may make available to you.
  4. "Writing" includes data messages. When we use the words "writing" or "written" in these terms, this includes data messages (as defined by the ECT Act), including but not limited to emails, you acknowledge that all agreements, authorisation or requests on our online platform, satisfy the “writing” requirement as per section 12 of the ECT Act.

3. Our Contract With You

  1. For purposes of the supply of Services no electronic signature is required; the mere click on “I accept” or “Submit” demonstrates your acknowledgement and agreement to these Terms of Services for each Service.
  2. To use our Services you will first have to sign-up / register with us (see “your Account” below);
  3. The presentation of our Services on our website is an invitation to you to provide Services by us;
  4. By submission of your information under the ‘Sign-up’ screen or further information before submission of the Application Form does not mean that we have concluded a contract with you (not yet);
  5. The offer: the message submitted to us after you have clicked on “Submit” or “I Accept” constitutes an offer by you to acquire our Services.
  6. Shopping Chart: placing a Service (for example a Membership Package) in a wish list or the shopping cart without completing the purchase cycle does not constitute an order for such Service, and as such, Services may be removed from the shopping cart if it is no longer available or the price thereof might change without notice to you. You cannot hold us liable if such Services are no longer available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  7. How we will accept your order: our acceptance of your order will take place when we email you confirmation of our acceptance at which point a contract will come into existence between you and us for the particular Service (“commencement date” for that particular Service), unless we agree otherwise in writing in terms of the commencement date. On the commencement date, you will have signed up for a 12 (twelve) month membership package which is renewable annually. It is important to note that each Service order and acceptance by us shall be seen as a separate contract.
  8. If we cannot accept your order: if we are unable to accept your order (even after receipt of payment), we will inform you of this and will not charge you for the Service. This might be because of changes to the Service or unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.

4. Our Services

  1. Our Services: details as per our website, including but not limited to:-
    • Your access to your Account;
    • Your chosen membership package (“Membership Package”); and
    • access online training material.
    • collectively referred to as the “Services”.
  2. Services may vary slightly from their description. The information on our site is for general information purposes.  Although we have made every effort to display the correct content, we cannot guarantee that the content is 100% accurate. For more detailed information about our Services you can Contact Us.

5. Your Account

  1. In order to use our Services, you must sign-up for and maintain an active personal user Services account ("Account").
  2. Where you have registered on behalf of a Child you have to be older than 18 (eighteen) years and will be responsible for all activities on said Service Account.
  3. Account registration or renewal requires you to submit to us certain information under the New Membership Application Form or Membership Renewal (“Application Form”). You agree:-
    1. to provide and maintain accurate, complete, and up-to-date information in your Account; and
    2. that your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Our termination of this Agreement with you.
  4. The submission of your information as per the Application Form does not automatically give you the right to access the Services.  We have the right not to grant you access to an Account or to revoke such right and disable any user identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Service.   
  5. On acceptance of your registration information, you will be allowed to select or provide the necessary access credentials or any other piece of information as part of our security procedures; You must treat such information as confidential. You must not disclose it to any third party.
  6. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account details at all times. You may only possess one Account (even if you have more than one Child).
  7. You may not authorise third parties to use your Account.
  8. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us on our contact page.
  9. You may not assign or otherwise transfer your Account to any other person or entity.
  10. Your or a Child’s access to any of our Services or any part of the Services via our online platform is subject to the relevant Terms of Services.

6. Your Rights To Changes

  1. Before submission of order (your application form): Before you submit your application form along with selected membership package, you will be allowed to make changes to your selection of Services;
  2. After submission of your application form: If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. Our Rights To Make Changes

  1. Minor changes to the Services. We may change the Services: 
    • to reflect changes in relevant laws and regulatory requirements; and 
    • to implement minor technical adjustments and improvements. These changes will not affect your use of the Services.
  2. More significant changes to the Services and these terms (subsequent to the commencement date of our Services). In addition, as we informed you in the description of services on our website, we may make changes to these terms or the service, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund (pro rata for the period not utilised) before the changes take effect.

8. Provision Of Services

  1. You agree that you have full knowledge of what the Services consist of before submitting your application. Please take note of the cover benefits afforded to your chosen membership package.
  2. Availability of Services: Subject to the terms of this Terms of Services, Services will only be made available subsequent to receipt of payment and all relevant information and/or documentation required per Service (as guided by us during the application process and Application Form).
  3. Membership: You will become a member of DANSA (“a Member”) upon the receipt of our acceptance of your application and communication of the same to you, unless agreed to another commencement date in writing.
  4. We are not responsible for any delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
  5. Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
    • deal with technical problems or make minor technical changes;
    • update the Services to reflect changes in relevant laws and regulatory requirements;
    • make changes to the Services as requested by you or notified by us to you (see clause 7).
  6. Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending the supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for an unreasonable period, we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 (thirty) days and we will refund any sums you have paid in advance for the Service in respect of the period after you end the contract.
  7. We may also suspend the supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 14.3) and you still do not make payment within 7 (seven) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice. 

9. Obligations

  1. Obligations of a Member 
    • The Member -
      • undertakes to sign the Debit Mandate Form (if applicable) to his/her chosen Membership Package.
      • undertakes to fulfil his/her payment obligations in accordance with his/her chosen payment plan and Membership Package.
      • shall be responsible to notify DANSA if his/her next of kin’s details are to be amended.
      • shall familiarise himself/herself with the membership package guides applicable in terms of the membership selected.
      • shall familiarise itself with the applicable Membership Guide, which is a downloadable document available at checkout or upon request from us.
  2. Obligations of DANSA 
    • DANSA undertakes to -
      •  provide the Services as per the Membership Package of the Member;
      •  update the Member on any changes to its Services or to this Terms of Service; and
      • attend to a Member’s queries on the Services of Membership Package within a reasonable time;

10. Your Rights To End the Contract

  1. You can always end your contract (membership and/or other contracts for services) with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
    • If what you have bought is misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 13;
    • If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
    • If you have just changed your mind about the Services, see clause 10.3. You may be able to get a refund if you are within the cooling-off period (if applicable – see clause 10.3 below), but this may be subject to reasonable deductions;
    • In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.4.
  2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 10.2.1 to 10.2.5 below the contract will end within 7 (seven) days from receipt of your written notice and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
    • we have told you about an upcoming change to the Service (a change not addressed under the Terms of Services) or these terms which you do not agree to (see clause 7.2);
    • we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
    • there is a risk that provision of the Services may be significantly delayed because of events outside our control;
    • you have a legal right to end the contract because of something we have done wrong; or
    • we are unable to perform the requested Service within 30 (thirty) days after the day on which the contract was concluded for the specific Service unless we have agreed otherwise.
  3. Exercising your right to change your mind (Electronic Communications and Transactions Act 25 of 2002). For most Services acquired online you have a legal right to change your mind within 7 (seven) days after the commencement date of the contract for a specific Service (“Cooling-off period”).  The following will apply in terms of the Cooling-off period:-
    • The Cooling-off period will not apply (as per section 42(2) of the ECT Act) to Services which began with your consent before the end of the Cooling Off Period. If you cancel after we have started the Services (or any part thereof), we may charge you a reasonable cancellation fee.  You must pay us for the services provided up until the time you tell us that you have changed your mind and such reasonable cancellation fee (where applicable);
    • Should you wish to end the contract during the Cooling-off period, you will have to notify us in writing and must be received by us within the Cooling-off period;
    • we may charge you reasonable costs and expenses actually incurred by us between the commencement date and date of receipt of your above notice;
    • where you have made payment to us, we will refund you the amount paid minus any costs as stated under 10.3.3 above within 30 (thirty) days from date of cancellation.
  4. Ending the contract where we are not at fault and there is no right to change your mind. 
    • In the event that you wish to cancel your Membership Package (without any fault on our side), you will have to deliver to us a 30 (thirty) day written notification (“Notice Period”).  The following shall also apply:-
      • You will remain liable to us for any amounts owed to us in terms of our contract up to the date of cancellation; 
      • We may charge a reasonable cancellation fee;
      • We will not charge a reasonable cancellation fee where the Member has died or has been hospitalised and will refund you accordingly, subject to written confirmation of same.

11. How To End The Contract (Including If You Have Changed Your Mind)

Tell us you want to end the contract. To end the contract with us, please let us know by calling us on + 27 11 266 4900 or email us at [•]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

12. Our Rights To End The Contract

  1. We may end the contract if you breach it. We may end the contract for a Service at any time by writing to you if:
    • you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
    • you do not comply with the Agreement.
  2. You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  3. We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service (where the service has not been delivered in full). We will let you know at least 7 (seven) days in advance of our intention to stop the supply of the service and will refund any sums you have paid in advance for service which will not be provided.
  4. Should we be obliged to institute legal action against you to enforce any provisions of the contract, then you will be responsible for all reasonable legal costs on an attorney and own client basis, including such tracing fees and collection commission which such attorneys are entitled to charge, on successful judgement of Our claim.
  5. The contract may be terminated by either party at any time by giving the other party at least 60 (sixty) days prior written notice, or such shorter time as we (as parties of this Agreement) may agree in writing.
  6. Upon termination or expiry of the Services:-
    • we will cease provision of the Services and will be entitled to suspend your access to our online learning/training platform;
    • we will deliver upon written request by you any Personal Information we may have on the Member, unless we are required by law to keep a copy (which we will only keep for record purposes); and
    • you undertake to return to us any documentation, information or other materials of us, which you have no legal right to retain.

14. Price & Payment

  1. Where to find the price for the Service: The price of the Service will be the price indicated on the order pages (application pages) when you place your order. We use our best efforts to ensure that the prices advised to you are correct. However, please see below for what happens if we discover an error in the price of the Service you order.
  2. What happens if we got the price wrong: it is always possible that, despite our best efforts, some of the Services we make available may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
  3. When you must pay and how you must pay. We accept payment in the following manner:-
    • Instant Electronic Fund Transfer option
      • You will be guided (on the website) on how to make an EFT payment to us;
      • order (for purposes of the Calculated Packages) will only be processed on receipt of cleared funds, this might take up to 24 (twenty-four) hours and receipt of proof of payment from you.
    • Credit Card Payments
      • Credit card transactions will be acquired for certain Membership Packages via third party gateway providers, such as Netcash, Paypal etc. (“Payment Gateway Providers”) who are approved payment gateway for all South African Acquiring Banks.
      • Payment Gateway Providers allows for payment via Visa, Mastercard, Diners or American Express credit cards
      • The Payment Gateway Providers uses the strictest form of encryption and no credit card details are stored on our online platform. Users may go and for more information about the Payment Gateway Providers we utilise and to view their security certificate and security policy.
      • No credit card details are stored on our database.We will store your details separately from your credit card details which are entered by you or your Authorised User on the Payment Gateway Providers secure website.
      • The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR);
  4. Direct Debit Order:
    • To use this option you will have to complete the Debit Order Mandate we will make available to you;
    • Your submission of the mandate (by providing the required information and by clicking on “submit”) will be your instruction to us to process the Debit Order accordingly;
    • Debit Orders will be processed, as per the mandate you have agreed to, on the 1st of the month or as per agreed date (as per the mandate);
    • IMPORTANT: take note of the conditions as per the Debit Order Mandate;
    • You banking details will be stored by DANSA separately from your other details available at DANSA;
  5. When you must pay depends on what Membership Package you are purchasing.

15. Confidentiality

We acknowledges that, during the performance of Services, we will have access to information relating to Your and/or a Child’s identity, address, contact information, and other personal information or requests for Services ("Confidential Information"). We agree that We, during the term of this Agreement and thereafter, will use and hold all such Confidential Information in the strictest confidence and not to disclose it to any person or to use it except as necessary in carrying out the Services consistent with this Agreement.

16. Limitation Of Liability

  1. To the extent permitted by law, we (including our employees, suppliers, service providers, partners, affiliates and agents) shall not be liable for any damages, loss or liability of any nature incurred by you, a Child or any other person resulting from the use of or inability to use our Services, including our online platform or the technology, material and content made available on and through it.
  2. Unless otherwise agreed to under these Terms of Services or determined by law, we, our directors and employees will not be liable in law or delict, for any indirect, special or consequential damages whatsoever.  We shall further not be liable for any direct loss or damage suffered by you or the Child as a result of the inaccurate information you made available to us or circumstances outside our reasonable control.
  3. Further take note of our Limitation of Liability provisions under our Terms of Use.

17. How We May Use Your Personal Information

We will use your Personal Information in accordance with our Privacy Policy.

18. Force Majeure

We will not be liable to the other for any default or delay in the performance of its obligations under these terms and conditions if and to the extent that such default or delay is caused by any act of God, war or civil disturbance, legislations, court order, pandemic or any other circumstance beyond its reasonable control including fluctuations in communications or utility services ("Circumstances of Force Majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by the us through the use of alternative sources, workaround plans or other means.

19. Other Important Terms

  1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  3. Nobody else has any rights under this Agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. Even if we delay in enforcing this Agreement or any Service contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the Republic of South Africa law and you can bring legal proceedings in respect of the products in the South African courts.

We recommend you print these terms and conditions of supply for your records

End of Policy