Terms, Conditions and Privacy
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH US THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE DECIDE YOUR CASE.
- Eligibility; Accounts
THE WEBSITE IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY US, OR (B) ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).
By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are a South African resident at least 18 years of age, or (ii) you are not a South African resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) you are a South African resident under the age of 18 and your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for school use. You also represent that you have not been previously suspended or removed from the Services by us, and that your registration and your use of the Services is in compliance with any and all applicable laws.
In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorised disclosure or use of your account ID or password), then you agree to immediately notify us at INFO@ONLINEMATHS.CO.ZA. You may be liable for the losses incurred by us or others due to any unauthorised use of your Services account and you failed to notify us of said unauthorised use timeously.
1.3. Integrated Service
1.4. Child User
If you are under the age of 18 (a “Child User”), you may not create or register an account for the Services without consent and approval from your legal parent or guardian, or from your school as provided in Section 1.6 (School Use). If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in Section 1.6 (School Use), a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organisations or, in certain cases, by School Personnel that have entered into a relationship directly with us, so long as the education organisation has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as the Company reasonably believes that such access has been consented to by the Child User’s parent or guardian, or by School Consent (as discussed in Section 1.6, “School Use”).
1.5. Parent User
If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that the Company may choose, but is not obligated, to make any inquiries, either directly or through third parties, that the Company deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. The Company reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND THE COMPANY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by us at any time and without warning for any failure to abide by these Terms.
1.6. School Use
The Company may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel (“School Personnel”) to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an “Institution”), the following terms apply to you:
1.6.1. Limitations on Use. The Services and Website are provided to you for educational purposes as part of the applicable school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations pertaining to you. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
(i) You are familiar with and agree to be responsible for compliance with the Protection of Personal Information Act No 4 of 2013 (hereafter the “POPI Act”), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, “Applicable Privacy Law”).
(iii) You assume sole responsibility (and hereby agree that the Company is not responsible) for obtaining any consents required from parents or guardians, to the extent required under the Applicable Privacy Law or any other relevant laws, rules or regulations of the Republic of South Africa, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts referred to in Section 1.8, “Linked Accounts”), and disclosure of personally identifiable information to us in connection therewith. You represent and warrant to the Company that, prior to creation of accounts for School Use, you have obtained all necessary parent or guardian consents.
We refer to this as “School Consent”. If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify the Company to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will we be liable for the School Personnel’s failure to consult their school’s authorities and administrators or for failing to obtain School Consent when required.
1.6.3. Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution’s use of the Services (“School Accounts”). If the Institution has a separate written service agreement with the Company that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts,” the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts.
1.6.4. Use of Integrated Services in School Accounts. If you are School Personnel and you choose to allow your students to log in on the Services using an Integrated Service, such as Google Classroom or Clever (to the extent we support use of such Integrated Service), you are responsible for educating your students on the proper use of Integrated Services and protecting their accounts.
The Services rendered by the Company has been created in line with the various standards and policies as envisaged in the National Curriculum and Assessment Policy Statement of South Africa. The Company does not warrant that the Services produced by it will be sufficient to ensure that each User passes the relevant subject he/she intends on using our Services for, and the User hereby indemnifies the Company from any and all liability should he/she fail a subject/module. Each User is encouraged to engage with the course work given by his/her respective school or institution in addition to using our Services.
2.1 Personal Information
“Non-Personal Information” and “Personal Information” are collected and used by the Company in order to gain better insight in how to provide better quality Services to our Students/Clients.
Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.
Personal Information is information that can be used to personally identify you that is required to register on our website. It includes information regarding your contact details, physical address, ID number, academic records, banking details, biography and any other details that are personal to you.
Personal and Non-Personal information are submitted by you through the registration process and gathered throughout the Services we provide you.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers.
We may use third party service providers to help us operate our business or administer activities on our behalf. We may share your information with these third parties as part of our business operations. We treat our user database with the greatest respect and will never share its contents.
In general, we use Non-Personal Information to help us improve the Service and customise the user experience. We also aggregate Non-Personal Information to track trends and analyse use patterns on our website.
If our information practices change at any time in the future, we will post the policy changes to the website so that you may opt out of the new information practices. It is your responsibility to check the website periodically if you are concerned about how your information is used.
2.2 Data Protection
All of your personal data is subject to POPI Act. Thus, you have the right at any time to prevent us from contacting you for marketing purposes; you also have the right to request us from deleting your data, and to then become unknown to us.
When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail.
2.3 Third Party Websites
2.4 Changes and Notifications
- Other Guidelines
When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
- Modification of the Terms
Upon opening an account, you accept the Terms in the form posted on our website. The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, the Company will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after the Company makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
- User Content
5.1. User Content Disclaimer
You understand that when using the Services you will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto. The Company does not endorse any content or any opinion, recommendation or advice expressed therein, and the Company expressly disclaims any and all liability in connection with content.
By submitting suggestions or other feedback related to our Services to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honour any limits we agree to at the time we collect feedback.
- Proprietary Materials; Licenses
6.1. Proprietary Materials
The Services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by South African and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. All Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to the Company, and the Company reserves all rights therein and thereto not expressly granted by these Terms.
6.2. Licensed Educational Content
The Company may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by the Company or its third-party licensors (the “Licensed Educational Content”). The Company grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by the Company solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
6.3. Non-Commercial Use
The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by the Company.
6.3.1. Impermissible Uses. Without limiting the generality of the aforegoing, the following are types of uses that the Company expressly defines as falling outside of “non-commercial” use:
18.104.22.168. the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
22.214.171.124. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
126.96.36.199. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.
6.3.2. Use Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT “non-commercial” and is not permitted.
- Prohibited Conduct
YOU AGREE NOT TO:
7.1. use the Services for any commercial use or purpose unless expressly permitted by the Company in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
7.2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
7.3. post, upload, or distribute any defamatory, libellous, or inaccurate content;
7.4. post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate;
7.5. use the Services in any manner that is harmful to minors;
7.6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, or perform any other fraudulent activity;
7.7. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy lessons and other data from the Services;
7.8. Use bots or other automated methods to access the Services;
7.9. delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content;
7.10. assert, or authorise, assist, or encourage any third party to assert, against the Company or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content you have used, submitted, or otherwise made available on or through the Services;
7.11. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
7.12. use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.13. defame, harass, bully, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
7.14. probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Services or Licensed Educational Content features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or Licensed Educational Content or otherwise access, tamper with, or use non-public portions of the Services without our authorisation;
7.15. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law;
7.16. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by the Company herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
7.17. intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Third-Party Sites, Products and Services; Links
The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). The Company does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
- Term and Termination
These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
9.2. Termination by the Company
The Company, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with the Company or (ii) your use of the Services, and (b) remove and discard all or any part of your account or User profile at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed herein, the Company does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
9.3. Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of the Company in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
9.4. Termination of School Personnel, Child and Student Accounts
Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with respect to their account or to a Child or Student User account that was created by them or at their direction, as provided in this Section.
9.4.1. Termination by School Personnel. School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us, provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate accounts created for school use. Prior to termination of School Accounts at the direction of School Personnel, the Company may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User’s learning activity). Any such Personal accounts will be established under the Company’s standard account opening process, including parent consent for Users under the age of 18.
9.4.2. Termination by Parents. As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting us, although we may need to verify your identity prior to taking any action with respect to the account. Parents of Students who are using School Accounts created by or at the direction of your Child’s teacher in school may first need to contact your child’s school to request termination.
9.5. Responsibility for Pre-Termination activity
Termination of the Terms as to any User account will not limit the Company’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
You agree, to the extent permissible under South African law, to indemnify, defend, and hold harmless the Company, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“The Company Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or School User whose account you have approved as a Parent User or School Personnel; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defence of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- Disclaimers; No Warranties
11.1. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “COMPANY OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
THE COMPANY, AND THE COMPANY PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE COMPANY AND THE COMPANY PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE COMPANY OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
11.3. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
- Limitation of Liability and Damages
12.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF THE COMPANY OR THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE COMPANY OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE COMPANY OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2. Limitation of Damages
IN NO EVENT WILL THE COMPANY’S OR THE COMPANY’S PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED RAND (R100), WHICHEVER IS GREATER.
12.3. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
12.4. User Interactions and Release
12.4.1. User Disputes. The Company is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
12.4.2. Release. If you have a dispute with one or more Users, you release us (and the Company Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data.
- Miscellaneous (Including Dispute Resolution and Arbitration)
The Company may provide you with notices, including those regarding changes to the Terms by email, registered mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless the Company is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to the Company shall be sent to INFO@ONLINEMATHS.CO.ZA.
The failure of the Company to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorised representative of the Company.
13.3. Governing Law
The Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the Company’s prior written consent, but may be assigned by the Company without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
13.8. Entire Agreement