Welcome to the Edublox educational platform located at www.edubloxtutor.com which includes any related mobile platform capabilities, applications and widgets (hereinafter collectively referred to as the “Platform”).
The Platform offers various automated online educational and tutoring software, products and services provided by EB from time to time (“Product”).
Use of the Platform is subject to acceptance, without modification, of all the terms and conditions contained herein as well as the provisions of any notice published on the Platform from time to time (hereinafter referred to as the “Agreement”). By accessing or using the Platform in any manner, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights. If you do not accept all of these terms and conditions, do not browse or use the Platform.
This Agreement applies to any third party browsing or making use of the Platform (“Customer”) as well as any person who has registered an account with EB to purchase its products and services (“Member”).
1. EDUBLOX (PTY) LTD
In this Agreement, the terms “we”, “us”, “our” and “EB” refers to Edublox (Pty) Ltd, Registration Number: 2009/016147/07. EB is a South African company duly registered under the auspices of the Companies and Intellectual Property Commission. The Platform and the Products are provided and made available by Edublox (Pty) Ltd and its affiliated entities.
The term “you” and “your” refers to any Customer as well as any Member accessing the Platform, through manual or automated means, as the context requires. The Platform is made available for use, subject to the provisions of this Agreement. Browsing or using the Platform constitutes your acceptance of this Agreement. EB may, from time to time and at its sole discretion, amend any aspect of this Agreement for any reason whatsoever and EB reserves all its rights in this regard. Any amendment of this Agreement shall take effect upon posting or publication thereof on the Platform. Your continued access or use of the Platform after publication of an amendment to the Agreement signifies your understanding and acceptance of the amended Agreement. You are solely responsible for periodically reviewing the most current version of the Agreement. In the event you object to any term or condition of the Agreement you must immediately discontinue your use or accesses of the Platform and/or Product. If you are using/accessing the Platform as a representative of other person, you acknowledge that you are legally authorised to represent that person and have the power to bind such other person to the terms and conditions of this Agreement. Minors under 18 (eighteen) years of age are only allowed to access and use the Platform upon approval of their legal guardian. You affirm that you are at least 18 (eighteen) years of age, or an emancipated minor, or possess parental or legal guardian consent and are fully able and competent to be bound by the applicable terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with this Agreement.
3. EDUBLOX POLICY
EB may determine any policy, regulation, rule or similar proclamation regulating any aspect relating to the Platform or the Products (“Edublox Policy”). The Edublox Policy shall be determined by EB, from time to time in its sole and absolute discretion and upon publication on the Platform shall substitute and replace the parallel and/or equivalent preceding Edublox Policy (if any). The Edublox Policy is available on EB’s Platform and incorporated herein by reference. The Edublox Policy shall apply to your use of the Platform as well as all Products.
EB grants you a limited, revocable, non-exclusive license to access and use the Platform for personal and/or commercial use. The purchase of any Product shall in fact be the purchase of a licence to use such Product for the specific time period associated with such Product as stipulated on the Platform from time to time. You may only use, access, browse, view, amend, download any Product for lawful purposes and in accordance with the provisions of this Agreement. Any Product licence shall be subject to the provisions of this Agreement and shall subsist exclusively for the specific period for which you have bought it, where after such licence shall expire unless the licence is renewed in terms of this Agreement. Upon the expiry of a licence you must cease using any Product to which such expired licence applies. EB shall be entitled to immediately terminate or suspend any license granted in terms of this Agreement in the event your use of the Platform and/or a Product is in breach of this Agreement.
5. THE PLATFORM
The Platform is owned and operated by EB and all elements of the Platform including the images, text, databases, icons, hyperlinks, software, information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks are protected by applicable copyright, trademark and intellectual property laws. EB may interrupt the operation of the Platform as well as any service to the Platform, as and when such interruption becomes necessary and EB shall not be liable for any loss, foreseeable or not, arising from any such interruption. Access to and use of the Platform is provided free of charge.
This Agreement applies to all Products offered by EB on the Platform. EB does not guarantee the availability of any Product. EB shall be entitled to determine, from time to time and at its sole discretion, the process and fundamental elements pertaining to the use and/or application of the Products. EB does not claim expert knowledge in any subject matter discussed or communicated in any Product and makes no warranty in respect of the information you take from the Platform and/or a Product. The information and services provided by EB through the Platform and/or a Product should not be regarded as professional advice or training. Unless the contrary is expressly stipulated, EB and/or the Products are not accredited by any education or training authority. The use, application or completion of any Product shall not confer any type of qualification onto you. EB may offer ancillary services related to a particular Product. In the event you elect to make use of such ancillary services, you will be required to provide EB with feedback in respect of your use or application of the particular Product. You acknowledge and agree that Product feedback may be sent to EB automatically in the course of your use of a Product. You hereby consent to EB collecting your Product feedback
7. MEMBERSHIP ACCOUNT
In order to purchase a Product via the Platform you will need to register an online account with EB (“Member Account”). For this purpose you will need provide EB with certain personal information as well as billing information that will enable EB to charge you for your purchases (such as your credit or debit card details). EB shall be entitled to determine, from time to time and at its sole discretion, the process and fundamental elements required in order to register a Member Account. You must provide accurate and complete registration information when registering a Member Account. You must ensure that your Member Account information is kept up-to-date at all times and notify EB immediately of any change thereto. Upon registration of your Member Account you may be required to choose a user name and password to log in to your account. You are responsible for keeping these details safe and confidential. In the event you disclose your user name and/or password to a third party, such third party may have access to your personal, account and billing information and EB shall not be liable in this regard. You will be responsible for any activity, including purchases, performed using your Member Account. You may be held responsible for any losses suffered by EB as a result of your failure to keep your user name and password secure and confidential. You must notify EB immediately if there is any unauthorised use of, or access to, your Member Account, however EB will not be responsible for any unauthorised use of your Member Account or for any losses that you suffer as a result thereof. Upon registration as a Member, you acknowledge and agree that you are eligible to contract with EB as per all applicable laws and confirm that the information that you use to register your Member Account is accurate and your own information. You may be required to update your personal details from time to time in order to continue using certain functions of the Platform. EB may suspend or terminate your Member Account, immediately and without notice, in the event you are in breach of any provision of this Agreement.
In respect of any images, photos, comments, contact information, confidential information, messages or any other data or information made available by you or any other third party on any public area of the Platform (“Content“), your acknowledge and agree that EB does not control and is not responsible for such Content. EB shall not be liable for any loss or damage of any kind incurred as a result of any Content. Any person other than EB who uploads Content, whether it be in terms of this Agreement or otherwise, shall be responsible for such Content as well as such Content’s compliance with the provisions of this Agreement. Any Content uploaded by you may be subject to investigation, by EB or a third party, under appropriate laws. EB is entitled to pre-screen any Content in order to approve or reject the placement of such Content on the Platform, however EB shall not be under any obligation to pre-screen any Content. EB is entitled to refuse, delete or amend any Content. You acknowledge and agree that when using the Platform you may be exposed to Content from a variety of sources and that EB is not responsible for the accuracy, usefulness, safety of, or relating to, such Content and you assume all liability for your use thereof. You acknowledge and agree that when using the Platform you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you assume all liability for your use thereof as well as agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EB with respect thereof.
In respect of any Content made available by you, you acknowledge and warrant to and in favour of EB that:
- You have the necessary licenses, rights, consents, and/or permissions to use such Content and that such Content is truthful and accurate;
- You authorise EB to edit, copy, publish, distribute, translate, use or remove any such Content;
- You waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copy Right Act, 98 of 1978;
- You authorise EB to publish feedback, comments and ratings about your activity associated with the Platform, even though it may be defamatory or critical.
You shall retain all of your ownership rights in your Content, however EB shall have an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, disassemble, decompile, display such Content in connection with the Platform, the Products and/or EB’s business in any manner EB deems fit. You acknowledge and agree that EB has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform. You shall not make available any Content which:
- Violates any applicable law or regulation;
- Is harmful, abusive, unlawful, defamatory, pornographic, paedophilic, invasive of another’s privacy or other rights, hateful, racially biased, ethnically objectionable or which harms or could harm minors;
- Is harmful or offensive towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Constitutes or contains unsolicited “spam” advertisements not in line with the purpose of the Platform;
- Contains software viruses or malware;
- Is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- Is intended to solicit or negotiate any private or commercial transaction not intended by EB;
- Contains, or facilitates the provision of unauthorised copies, of another person’s copyright work;
- Contains excessive, repeated or off-topic messages to any forum or group.
EB shall not be liable for any interactions between you and any other Platform user. If there is a dispute between you and a third party, you understand and agree that EB is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release EB, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platform. In the event any Content infringes on any applicable law, EB reserves the right to report such Content to the relevant law enforcement authorities. In the event the Content contains links to other third party Platforms (“Third Party Websites“), EB makes no representation or guarantee whatsoever as to such Third Party Websites and expressly disclaims any and all liability in connection with such Third Party Website.
9. SOFTWARE AND EQUIPMENT
You shall be responsible for familiarising yourself as well as acquiring and maintaining, at your own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access and use the Platform and/or download Products or other information from the Platform as well as access and use the Products. Such requirements may vary amongst the various Products and shall be published on the Platform and may be varied from time to time at EB’s sole discretion.
10. PRODUCT PURCHASES
The purchase price in respect of a particular Product shall be as stipulated on the Platform from time to time. EB shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, EB will not be obliged to sell Products at such incorrect prices. The price charged for any Product may differ from one country to another. You shall be required to pay the purchase price applicable to the country in which you reside. EB may change the price of a Product at any time without prior notice. Any amended Product price shall apply immediately upon publication on the Platform. In respect of any Product purchase, you shall be charged at the price applicable at the time your purchase order is processed by EB. Prices are inclusive of any applicable value added tax or other sales tax. When you place an order for a Product, your order is subject to Product availability. If, after you place your order, there is insufficient stock to fulfil your order, EB has the right to cancel your order or any part thereof and refund any amount already paid in respect of such order. EB may refund the purchase price based on the original payment method (i.e. to your credit or debit card or other). You will have the opportunity to review any order for a Product that is placed via the Platform. You can withdraw your order at any time before finally placing it. EB reserves the right to refuse to process an order or not to accept a confirmed order in the event of a technical or any other error in the price displayed or in the Product information displayed at the time the order was processed. You shall be refunded for any moneys already paid in respect of a Product order, should such order not be accepted. EB shall be entitled to determine, from time to time and at its sole discretion, the process and fundamental elements required in order to place a Product purchase order with EB. Any Product purchase order completed and submitted to EB by you shall constitute an offer to EB, and the purchase agreement between you and EB shall be deemed to have been concluded at EB’s head office. EB may provide written notice of its acceptance of your offer, however EB shall not be required to provide you with any express acceptance of the offer. Unless EB provides you with express written acceptance, EB’s provision of any of the purchased Product or the provision of access to any of the purchased Product shall constitute acceptance. No offer shall be considered unless you comply with the minimum requirements set out by EB for the placement of Product purchase orders, and in this regard, EB reserves its right to refuse any offer made. Payment in respect of your offer shall not constitute acceptance of your offer. At the time of placing a Product purchase order, your credit card/debit card payments details shall be presented to the relevant banking institution and an authorisation shall be obtained for the amount of the purchase order. EB reserves the right to refuse to accept and/or execute any Product purchase order without giving any reason. EB also reserves the right to cancel purchase orders and/or purchases (prior to delivery) in whole or in part in its sole discretion. EB shall only be liable to refund monies already paid by you, in this regard. You are fully responsible for the choice of Product. In respect of any Product purchase order completed and submitted to EB by you, you acknowledge that you understand exactly what is included in such Product and that you are satisfied that the selected Product is suitable and satisfactory for your requirements. You is required to familiarise yourself with the requirements and rules applicable to each Product that your wish to purchase. You take full responsibility and liability for the application of any Product. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. You accept that transactions that are performed over the internet may be vulnerable to being intercepted. EB will not be liable for any interception of your payment transaction that may occur or any loss that is suffered as a result thereof. If you have request that EB remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems however EB will not be liable for any interception of such information or any loss that is suffered as a result thereof. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. In respect of any Product, the entire purchase price must be paid upfront and in full before any Product will be delivered to, or accessible by, you. EB may provide “shopping cart” or “wish list” purchasing facilities (“Cart”) on the Platform, whereby Products are placed in a digital register allowing you to select Products, review what you have selected, make modifications or additions to such selection and purchase the selected Products. In the event you make use of the Platform’s Cart facilities, the placement of Products in your Cart without completing the full purchase cycle does not constitute an agreement of sale between EB and yourself and EB will not be liable if such Products are not available or if there price has change, when the full purchase cycle is completed at a later stage. EB may remove any Product from your Cart if no or insufficient stock is available. In the event any amount is owed by you to EB, a certificate given under the hand of EB’s financial manager or its attorneys, at the time, whose authority to act need not be proved shall constitute prima facie evidence of the balance outstanding at any time.
EB may from time to time allow customers to place pre-order of a particular Product (“Pre-Order”). Pre-Orders are to “secure” Products as soon as they are made available by EB. Finalisation of a Pre-Order require full payment to be cleared with EB. Pre-Orders will be fulfilled as and when EB receives inventory of the Product but shall always be subject to any Pre-Order release date determined by EB form time to time. EB will make every effort to fulfil your Pre-Order and in the unlikely event that we cannot supply Products against your Pre-Order you will be refunded your payment.
12. PRODUCT DELIVERY, INSPECTION AND RETURNS
- All Products shall be in digital format. Delivery of the Products shall be determined by EB from time to time at its sole discretion and in this regard may also be delivered either by allowing you to download the Product or by EB sending you an email containing the Product as an attachment. Upon delivery of the Product you shall have full access, use and enjoyment thereto. In light of the above, the Products cannot be returned by reason of their nature. Moreover, use of a Product may require EB to render ancillary services to you, in relation to the particular Product, and you hereby consent that such service may commence immediately. You acknowledge and agree that, in light of the above, once that Product has been made available to you by email or download you have no right to cancel your order and receive a refund of money paid for a Product. For the sake of clarity, a consumer’s right to the cooling-off period contemplated in the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) does not apply to the electronic transactions concluded in terms of this Agreement. You acknowledge and agree that a Product may be delivered from time to time on a piecemeal basis, at EB’s sole discretion, and that you do not expect all Products, or the entire Product, to be delivered at once. The above provisions shall not affect your rights in the event that a Product delivered is not the same you purchased through the Platform, is faulty or defective. Risk in the Products shall pass to you, upon delivery. You shall have 7 (seven) days from the date of delivery of the Product to verify that the Product delivered corresponds with the description of the purchased Product and that the Product is not faulty and performs as intended. If the Product is incorrect or contains errors, you must inform EB accordingly telephonically or in writing. Should EB not receive notice within 7 (seven) days you will be deemed to have received the correct Products, in accordance with the order placed by you, and in good working condition. Upon receipt of the above notice, EB will investigate your claim that the Product is incorrect, faulty or does not perform as intended and EB’s technical support team shall be entitled to perform all reasonable steps to verify such claim, including the use of remote access software to enable EB to remotely access your computer in order to investigate the cause of the alleged faulty or defective Product. You hereby consent to EB remotely accessing your computer in this regard, upon prior written notice thereof by EB and you undertake to perform all reasonable action necessary to assist EB in the above investigation. Upon verification of your claim, EB shall exchange the incorrect or faulty Product for a replacement. In the event the correct Product cannot be provided, EB will give you a refund based on the original payment method used to buy the relevant Product. Products will not be refunded or exchanged due to incompatibility. You are responsible for ensuring Product compatibility before placing an order. As a condition of any Product return/cancellation/exchange, EB may require you to sign a letter wherein you confirm that you have destroyed/uninstalled the relevant Product and have not made any copies thereof and that you undertake not to use such Product in any way whatsoever. The Products activation key for a returned Product (if any) shall be blocked and you will not be able to install or use the Product in the future.
13. CURRENCY CONVERTOR
EB may provide a real time currency conversion service whereby Members shall have the option to elect one of multiple currencies in which to view the Product purchase price, however you shall bear the sole risk and responsibility associated with the use of such service. EB does not warrant or guarantee the accuracy of currency conversion rates and actual rates may vary. When using this information for any financial purpose, EB advises that you to consult a qualified professional to verify the accuracy of the currency rates. You are expressly prohibited from the resale or redistribution of this information for commercial purposes.
You shall not utilise the Platform in a manner which disrupts the normal operations of the Platform. EB shall be entitled to restrict or limit your use of the Platform in the event your conduct imposes unreasonable stress, disproportionately large workloads, interferes with the performance, or impairs the functionality, of the Platform. You shall not attempt to gain unauthorised access to the Platform’s or a Product’s programing, coding or infrastructure. EB may terminate your access to the Platform, if you are found to be a repeat infringer of this Agreement or found to be indulging in any act in conflict with the provisions of this Agreement. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict the use or enforce limitations on use of the Platform. You acknowledge and agree that from time to time EB may monitor your usage of the Platform and/or a Product, using human monitors or automated software.
15. INTELLECTUAL PROPERTY
EB owns all rights, title, license and interest to any and all intellectual property pertaining to the Platform and/or the Products. Unless otherwise stipulated in this Agreement, you shall not obtain additional rights in respect of any such intellectual property, by operation of this Agreement. EB does not permit copyright infringing activities or infringement of intellectual property rights on the Platform. You may not use data mining robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by EB. EB shall not be liable whatsoever for any infringement of intellectual property rights arising out of any information uploaded or posted or transmitted by you via the Platform and/or the Products. You acknowledge and agree that all information on the Platform other than your Content, and/or all information contained in the Products, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks and logos (“Material“) are owned by or licensed to EB and are subject to copyright and other intellectual property rights. Platform and/or Product Materials are provided to you “as is” for the personal and/or commercial use as stipulated in this Agreement. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted by this Agreement. EB prohibits any reproduction, modification, duplication, creation of derivative works from, or redistribution of any aspect of the Materials without the prior written consent of EB. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in any Material.
16. LIMITATIONS OF LIABILITY
EB, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers or employees shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of the Platform and/or Products, including without limitation whether the damages arise from use or misuse of the Platform and/or Products, from your inability to use the Platform and/or Products or the interruption, suspension, modification, alteration, or termination of the Platform and/or Products. These limitations shall apply to the fullest extent permitted by law. EB shall be not be liable under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims arising out of or in any way connected with the use of or inability to use the Platform and/or Products, or the services or content provided on or through the Platform and/or Products, whether based on contract, delict, strict liability or otherwise. Notwithstanding the above, in any other circumstance, EB’s liability is limited to the purchase price paid by you for the Product concerned.
You indemnify and hold harmless EB, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees on and attorney and own client scale) arising from your use of and access to the Platform and/or the Products, your violation of any term of this Agreement, your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right or any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of this Agreement and your use of the Platform and/or Product. You use the Platform and/or the Products at your own risk. You shall bear the risk in respect of fraud or dishonestly, of any kind, occurring via the Platform or associated with the Platform and/or the Products. As with any online medium or environment where there is a possibility of phishing or other scams, you should use your best judgment and exercise caution where appropriate. EB shall not be liable to you or any third party, in any manner whatsoever, and you indemnify EB accordingly, for any damage, loss, costs, expense or liability whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of, or in connection with, the failure or delay in EB’s performance in respect of the Product or your use of the Product, other than in respect of losses caused by EB gross negligence or intentional misconduct. EB shall not be liable to you for any failure to perform as a result of technical problems relating to EB’s network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond EB’s reasonable control.
18. MONITORING AND SECURITY
EB may monitor all Platform and/or Product activity. Each time you access the Platform and/or a Product your usage may be recorded by EB. EB shall take all reasonable steps to secure the information provided by, and collected from, you from unauthorised access and/or disclosure, however, EB makes no warranties or representations in this regard. Accordingly, EB assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond EB’s control. EB reserves the right to institute legal proceedings against you in the event you deliver or attempt to deliver any damaging code/software to the Platform and/or Product, or attempt to gain unauthorised access thereto.
For the purposes of this clause, the term “process” shall include the collection, receipt, recording, organising, collation, storage, updating, alteration, consultation or use. Your personal information shall only be processed in accordance with the provisions of the South African Protection of Personal Information Act, 4 of 2013 and therefore may only be processed for the purposes of this Agreement; for lawful purposes; subject to your consent; subject to adequate disclosure on the purpose and intended use of such information; in accordance with the stated purpose and intended use of such information; by an authorised person; only for as long as the processing of such information is necessary in terms of this Agreement; subject to the relevant authorised person implementing reasonable technical and organisational measures to secure the integrity and confidentiality of such information as well as prevent loss, damage, and unauthorised or unlawful access thereto. You consent to the collection, storage, and use of your personal information, including name, mailing address, email address, phone/mobile number, home country, zip code, fax numbers, gender, age, date of birth, company name and registration number, country of residence, closest city, browsing habits, click patterns and ID number / passport number. You may access, remove, review, and/or make changes to the personal information that you have provided to EB. EB may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and internet service provider. This type of information does not identify you personally.
You hereby authorise EB and/or any third party service providers engaged by EB to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to your use of the Platform and/or Products, for the purpose of data analysis and for improving your experience on the Platform and/or with the Products.
How Your Information is Used:
EB may use information provided by you to:
- Enforce the provisions of this Agreement;
- Monitor user activity, such as keyword searches or new postings;
- More effectively manage traffic on the Platform;
- Assist you with technical difficulties.
- EB may retain such information for as long as is required to fulfil its business objective.
Protecting Your Personal Information:
EB does not guarantee the safety or security of the Platform and/or Products. You acknowledge and agree that EB assumes no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users.
EB reserves the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. EB may also disclose information about you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to:
- Enforce this Agreement;
- Respond to claims that any Content or Material violates the rights of third-parties; or
- Protect the rights, property, or personal safety of EB, you or the general public.
20. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
Access to the services, content, software and downloads available from the Platform may be classified as “electronic transactions” as defined in terms of the ECTA and you therefore may have some of the rights prescribed in ECTA. Accordingly, EB provides the following information:
- The full name and legal status of the Platform and/or Products owner: Edublox (Pty) Ltd, Registration Number: 2009/016147/07;
- Physical address (domicilium citandi et executandi): OFFICE 114, Block C, ELARDUSPARK SHOPPING CENTRE ELARDUS, PRETORIA, GAUTENG, 0181;
- Postal address: P O BOX 318, ELARDUSPARK, PRETORIA, GAUTENG, 0047;
- Main business: EB is an educational products and services provider.
- The web site address of the Platform is: www.edubloxtutor.com
- The official e-mail address of the Platform is: [email protected]
- You may lodge complaints concerning the Platform and/or Products with EB at [email protected]
21. ACKNOWLEDGMENT AND WARRANTIES
You expressly acknowledge and warrant, to and in favour of EB, that:
- You are fully familiar with EB’s most recent Edublox Policy and shall comply with any applicable Edublox Policy;
- Use of the Platform and/or Products is entirely at your own risk;
- The Platform and/or Products are provided on an “as is” or “as available” basis, without any warranties of any kind. To the fullest extent permitted by law EB, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and/or Products and your use thereof;
- EB does not warrant, endorse, guarantee, or assume responsibility for any products or service advertised or offered by a third party through the Platform or featured in any banner or other advertising on the Platform;
- In entering into this Agreement you have not relied on any representation or information other than this Agreement;
- The information provided in your Member Account application is both true and correct, and is a material term of this Agreement.
EB does not warrant that the Platform and/or a Product will meet your requirements, be uninterrupted, complete, timely, secure, error free, useful to you, of satisfactory quality or fit for a particular purpose. EB makes no other warranties or representations about the Platform and/or a Product and assumes no liability or responsibility in respect thereof, particularly in regards to:
- Accuracy or completeness;
- Malware, viruses, trojans, or the like which may be transmitted to or through the Platform and/or Product;
- Any errors, mistakes, inaccuracies or omissions;
- Any unauthorised access to or use of the Platform servers and/or any and all personal information and/or financial information stored therein.
22. GOVERNING LAW
The terms and the relationship between you and EB shall be governed by the laws of South Africa. EB makes no representations or warranties that the Platform is appropriate for use in other locations. Accessing or making use of the Platform from any jurisdictions is done so at your own volition and risk and you are responsible for compliance with local law. Any claim you may have against EB must be submitted to the exclusive jurisdiction of the courts of South Africa. EB may block users located in certain countries from using the Platform and/or Products. You consent, for all purposes arising out of this Agreement, to the jurisdiction of the relevant Magistrate’s Court having jurisdiction, including all proceedings which may be instituted against you under this Agreement notwithstanding that the amount claimed or the value of the matter in dispute exceeds such jurisdiction.
23. NOTICES AND COMMUNICATIONS
You hereby unconditionally allow EB to contact you via text messages, emails, phone calls, automated text messages or any via any other communication information provided by you to EB and contained in your Member Account and may use this means of communication to send you any legally required notifications as well as any other notification pertaining to the Platform and/or a Product. You nominate the physical address and e-mail address as stipulated in your Member Account details as your domicilium citandi et executandi for service of all notices and processes in connection with any claim for any action arising between EB and yourself in terms of this Agreement. The Parties choose their respective domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option). In respect of any notice dispatched in terms of this Agreement, the following provisions shall apply:
- In the event the notice is sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope, such notice shall be deemed to have been received on the 7th (seventh) business day after posting (unless the contrary is proved); or
- In the event the notice is delivered by hand to a responsible person, during ordinary business hours, such notice shall be deemed to have been received on the day of delivery; or
- In the event the notice is sent by email or telefax, such notice shall be regarded:
- As sent by the sender when it enters an information system outside the control of the sender or, if the sender and recipient are in the same information system, when it is capable of being retrieved by the recipient; and
- As having been received by the recipient when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient; and
- As having been sent from the sender’s usual place of business and as having been received at the recipient’s usual place of business.
Notwithstanding anything to the contrary herein contained, a written notice or communication actually received shall be an adequate written notice or communication, notwithstanding that it was not sent to or delivered at the relevant chosen domicilium citandi et executandi. In the event EB wishes to give you any notice as provided for in this Agreement or provide additional information about the Platform and/or Products, EB may do so by sending posting a notice on the Platform. You consent to EB providing you with notices or information in this way. You consent to receiving communications from EB electronically and agree that all notices, disclosures and other communications sent by EB satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
EB may provide a translation of this Agreement in another language, however the English version of this Agreement shall at all times govern the relationship between you and EB and the English version shall prevail in the event of any conflict with a translated version. EB may offer the option to view all or part of a Product or the Platform in another language, however the English version shall at all times govern the relationship between you and EB and the English version shall prevail in the event of any conflict with a translated version.
25. BREACH AND TERMINATION
If you are in breach or fail to observe any of the provisions of this Agreement and fail to remedy such breach or failure within 7 (seven) days of having received written notification from EB to do so, EB shall, in addition to any other remedies available to it in law, be entitled to institute action against your, claiming:
- Cancellation of this Agreement with immediate effect; and/or
- Recover of any damages which it may have suffered; or
- Specific performance.
If you do not comply with this Agreement when accessing or otherwise using the Platform and/or Products, EB reserves the right to suspend your access to the Platform and/or Products, temporarily or permanently. EB may establish limits from time to time concerning use of the Platform and/or Products. You acknowledge and agree that EB reserves the right at any time to modify or discontinue the Platform (or any part thereof) with or without notice, and that EB shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Platform. You acknowledge and agree that EB, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your Member Account, block your e-mail or IP address, or otherwise terminate your access to or use of the Platform (or any part thereof), immediately and without notice, and remove and discard any Content within the Platform, for any reason whatsoever, including, without limitation, in the event EB is of the belief that you have breach any provision of this Agreement. If your use of the Platform and/or a Product is in breach of these terms and conditions, EB reserves the right to:
- Claim damages from you;
- Institute criminal proceedings against you;
- Publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
- Terminate your account and refuse access to the Platform and/or Products.
26. GENERAL INFORMATION
This Agreement and any rights and licenses granted hereunder, nor any part, share or interest herein nor any rights or obligations hereunder may be ceded, delegated or assigned by you without EB’s prior written consent but may be ceded, delegated or assigned by EB without restriction. Any cession, assignment or transfer by you shall be null and void. This Agreement and the other policies and notices posted on the Platform constitute the complete and exclusive understanding and agreement between you and EB and govern your use of the Platform and/or Products and supersede all prior understandings, proposals, agreements, negotiations, and discussions between you and EB, whether written or oral. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this clause. For the purpose of this Agreement:
- The words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding word/s.
- The words “other” or “otherwise” shall not be construed eiusdem generis with any preceding words where a wider construction is possible and the eiusdem generis-rule shall not be applied in the interpretation of this Agreement.
- The term “day” shall be construed as calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
- References to a “person” shall include where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, organisation, association or partnership, whether or not having separate legal personality.
- A reference to weeks, months or years shall, unless the contrary is expressly stated, be a reference to calendar weeks, months or years respectively.
- The number of days indicated to commit an act or indicated for any other purpose, is calculated by excluding the first day and including the last day.
- Words importing:
- Any one gender includes the other gender;
- The singular shall include the plural and vice versa;
- Natural persons include juristic persons and vice versa.
Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail. Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re–enacted from time to time. The clause headings to this Agreement are for reference purposes only and do not bear upon the interpretation of the Agreement. If any provision, in a definition or any annexure, is a substantive provision conferring rights or imposing obligations on any EB or you, notwithstanding that it is only in the definition and/or interpretation clause or the annexures, effect shall be given to it as if it was a substantive provision in the body of the Agreement. The rule that the agreement must be interpreted against the party that drew up the agreement (contra preferentem-rule) shall not apply in the interpretation of the Agreement and the parties record that the Agreement was the result of negotiations between them and that they had the right to obtain legal advice on the Agreement. EB is not liable for any typographical errors that may occur in respect of the Platform and/or the Products. Any provision in this Agreement which is and/or may become illegal, invalid or unenforceable in any jurisdiction in which this Agreement operates shall be treated as pro non scripto to the extent of such prohibition or unenforceability from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of the Agreement. All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. The expiration or termination of this Agreement shall not affect the provisions of this Agreement that expressly provide that they will operate after any such expiration or termination or which by necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this. No latitude, extension of time or other indulgence which may be given or allowed by any EB in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of EB arising from this Agreement and no single or partial exercise of any right by EB under this Agreement, shall in any circumstances be construed to be an implied consent or election by EB or operate as a waiver or a novation of or otherwise affect any of EB’s rights in terms of or arising from this Agreement or estop or preclude EB from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Any such latitude, extension, waiver or relaxation, delay or suspension which is so given or made shall be construed as relating strictly to the matter in respect whereof it was made or given.