MathU Connect Centre Terms And Conditions
MathU Teaching Emporium (Pty) Ltd
a Private company duly incorporated under the laws of the Republic of South Africa, having its usual place of business at 359 Pienaar Street, Brooklyn, Pretoria, 0181 with registration number 202016/150475/07 (Hereinafter referred to as “MTE”)
The Legal Guardian or Parent as per the information supplied in the information fields required at sign-up on the MathU website Online Shop (hereafter referred to as “the Legal Guardian.”
- Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
- We may change these terms from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms at all times prior to using our services since the then current version of the terms will apply to your use.
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement any reference to:-
1.1.1. the singular includes the plural and vice versa;
1.1.2. natural persons includes juristic persons and vice versa;
1.1.3. any one sex or gender includes the other sexes or genders, as the case may be;
1.1.4. “including” (or words of similar meaning) means to include without limitation and “include” shall have a corresponding meaning;
1.1.5. “law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law as at the Signature Date and as amended or re-enacted from time to time;
1.1.6. “person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality;
1.1.7. “writing” (or words of similar meaning) means legible writing and in English and includes any form of electronic communication contemplated in the Electronic Communications and Transactions Act, No. 25 of 2002, and “written” or “writing” shall have a corresponding meaning;
1.1.8. a Party includes a reference to that Party’s successors in title and assignees allowed at law.
1.2. The words “shall” and “will” and “must” used in the context of any obligation or restriction in this Agreement imposed on a Party have the same meaning.
1.3. The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
1.4. Words and expressions defined in any sub-clause in this Agreement shall, for the purpose of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in the sub-clause.
1.5. If any provision in a definition in this Agreement is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to that provision as if it were a substantive clause in the body of the agreement, notwithstanding that it is only contained in the interpretation clause.
1.6. If any period is referred to in this Agreement by way of a reference to a number of days or weeks or months or other intervals, the period shall be reckoned exclusively of the 1st (first) day and inclusively of the last day of the relevant interval, unless the last day falls on a day which is not a Day as defined in this Agreement, in which case the last day shall be the next Day as defined.
1.7. If any obligation or act is required to be performed on a particular day in this Agreement it shall be performed (unless otherwise stipulated) by 17:00 (local time at the place where the obligation or act is required to be performed) on that day.
1.8. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the Republic of South Africa.
1.9. A reference to any statutory enactment in this Agreement shall be construed as a reference to that enactment as at the Signature Date and as amended or substituted from time to time.
1.10. If amounts or figures are specified in numerals and in words in this Agreement and if there is any discrepancy between the numerals and the words then the words shall apply.
1.11. The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply and no provision herein shall be construed against or interpreted to the disadvantage of a Party by reason of such Party having or being deemed to have structured, drafted or introduced such provision.
1.12. The following words and expressions in this Agreement shall bear the meanings assigned to them below and cognate words and expressions shall bear corresponding meanings:
18.104.22.168. “Agreement” – means these terms and conditions, including any schedules or policies incorporated by reference hereto;
22.214.171.124. “Au pair” – means any person who is responsible for the day to day care of a child but who is not the legal guardian of that child. Any reference to Au Pair shall include a reference to a Nanny, which will have a corresponding meaning;
126.96.36.199. “Employee” – means any natural person in the employment or under the instruction of MTE;
188.8.131.52. “Legal Guardian” – means a person lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and rights of a person who, because of age, understanding, or self-control, is considered incapable of administering his or her own affairs, and in this Agreement shall also refer to a Parent, which will have a corresponding meaning;
184.108.40.206. “MathU App” – refers to the educational software solution made available by MTE for installation and use on supported mobile devices or personal computers to use by the Student as part of their tutoring and will include any future updates, revisions and versions of such applications, irrespective of the name thereof;
220.127.116.11. “Minor” – means a person under the age of 18 years and who has limited legal capacity, and who must accordingly be assisted by a Parent or Legal Guardian ;
18.104.22.168. “Parties” means, collectively, MTE and the Legal Guardian, including its agents and representatives, and “Party” means either of them;
22.214.171.124. “Student” – means any person who will receive private and/or online Tutoring by MTE or person enrolled by their legal guardian(s) at a MathU Connect Centre;
126.96.36.199. “Tutorial” – means a period of tuition relating to Tutoring, be it private (at a MathU Connect Centre) or online;
188.8.131.52. “Tutoring” – means private and/or online education under this Agreement to further enhance a Student’s understanding of a particular subject.
184.108.40.206. “Tutoring Facilities” – means the MathU Connect Centres where private Tutoring will be provided. The MathU Connect Centre will serve as a structured learning environment for the student(s).
2. DECLARATION OF PARTIES
2.1. The Parties understand and accept that this Agreement, including any annexures, is binding and enforceable on all Parties.
2.2. In the event where only one Parent agrees to this Agreement, they warrant that they are either the sole Legal Guardian, or that they have discussed and obtained permission from any other Legal Guardians to sign on their behalf. In the event where permission has not been granted, the Legal Guardian which has agreed to this Agreement will indemnify MTE against any claims arising from such a breach of warranty.
2.3. The Legal Guardian understands and accept that the Minor Student, on whose behalf they enter into this Agreement, may also accrue rights and obligations in terms of this Agreement.
3. RIGHTS OF STUDENTS
The Student has a right to:
3.1. be Tutored as per this Agreement; and
3.2. have access, at the agreed times and dates, to the facilities where Tutoring will be provided.
4. DUTIES OF STUDENT
4.1. The Student is obliged to:
4.1.1. Comply with MTE’s classroom policies and procedures;
4.1.2. Refrain from any misconduct in general;
4.1.3. Not commit any crimes or place in danger the lives or possessions of any employee, agent or client of MTE;
4.1.4. Attend Tutorials and theoretical learning sessions with MTE and undertake all learning conscientiously; and
4.1.5. Ensure that they are on-time for all Tutorials.
4.2. It is the Student’s responsibility to ensure that they keep their personal equipment safe. MTE will not be responsible for any loss to, damage or theft of any personal equipment.
5. RIGHTS AND OBLIGATIONS OF MTE
5.1. MTE hereby guarantees that they will perform their duties in terms of this Agreement in a proper and professional manner in accordance with the technical and functional standards as set by the relevant industry.
5.2. As part of its services to the Student, MTE will:
5.2.1. provide appropriate facilities to teach the Student in accordance with the workplace component of learning;
5.2.2. provide the Student with adequate supervision; and
5.2.3. provide academic support to the Student as and when required by the Student, be it via private assistance or online tutoring.
5.3. MTE has the right to:
5.3.1. have access to the Student’s books and learning material, if required;
5.3.2. have access to the Student’s performance statistics and metrics as per the MathU App,
5.3.3. change the operating hours of all MathU Connect Centres as they deem fit; and
5.3.4. Restrict a Student’s right to Tutoring and access to the Tutoring Facilities and/or online platforms should a Student be in breach of the terms and conditions as contained in this Agreement.
6. CANCELLATION OF MATHU CONNECT PACKAGES
6.1. Any Legal Guardian purchasing a MathU Connect Package is entitled to a cooling-off period of 7 (seven) calendar days which will apply at the commencement date of any such services being rendered by MTE for the first time to the Student related to that particular Legal Guardian.
6.2. During the above cooling-off period, the particular Legal Guardian is entitled to cancel their services without reason or penalty.
6.3. If a particular Legal Guardian opts to cancel their MathU Connect Package during the cooling-off period, they will be entitled to a full refund which will be paid to them within 30 calendar days into their designated bank account.
6.4. Subsequent to the cooling-off period coming to an end, a Legal Guardian may cancel their subscription to a MathU Connect Package, by providing written notice of no less than 30 calendar days and which must be addressed to the MathU Connect Centre where the Student(s) are enrolled and sent to the email address of the relevant MathU Connect Centre where the Student(s) are enrolled. Any premature cancellation of a subscription will be subject to a reasonable administration fee which will be deducted by MTE and the balance will be refunded to the relevant Legal Guardian within 30 calendar days.
6.5. During the notice period provided in terms of Clause 6.4 above, the Student will have the full rights of use and access afforded to them in accordance with the subscription, and such rights of use and access will only terminate after the notice period has come to an end.
6.6. For the purposes of clarity, any notice given must coincide with the start of a calendar month. If notice is given during a calendar month, the notice period will be deemed to start at the commencement of the subsequent calendar month. Accordingly, a Legal Guardian will be liable for payment of the service of the subsequent month, and their access to the services will only terminate at the end of that particular month.
6.7. It is hereby agreed that cancellation of the MathU Connect Package(s) (as selected per the MathU Online Shop) must be confirmed in writing,.
6.8. A Student or Legal Guardian who has cancelled a subscription has the opportunity to enroll at any time in future again by subscribing via the online portal on www.mathu.co.za.
7. SUBSCRIPTION FEES
7.1. The Legal Guardian and/or parent can enroll students for various MathU Connect Packages on the MathU Website (www.mathu.co.za) via the Online Shop on the website.
7.2. Unless otherwise indicated, subscription(s) fees will be deducted on a monthly base until the subscription(s) is cancelled as per Clause 6 of this Agreement.
7.3. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.4. Payment for our services will be made through a payment gateway, which may allow payment through:
7.4.1. debit card;
7.4.2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.5. You may contact us to obtain a full record of your payment. We will also send you electronic communications about your order and payment.
7.6. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the subscription to your chosen MathU Connect Package.
7.7. It is hereby recorded that the prices for MathU Connect Packages are subject to change at MTE’s discretion. Reasonable notice of a change in prices will be given by information provided through the MTE Website.
7.8. It is specifically recorded that subscription fees may be subject to the payment of Value-Added Tax which may be chargeable in addition at the applicable rate current from time to time.
7.9. In the instance where the subscription(s) payment cannot be automatically deducted from the selected credit card, the Lega Guardian (subscriber) will have 5 business days, from the set deduction date, to rectify this. Should the payment not be rectified and received by MTE, MTE has the right to cancel this Agreement and the Student will not have access to the selected MathU Connect package and its benefits as set out in the package description on the website.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of services listed on our Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error. We shall not be bound by any incorrect information regarding goods and services displayed on any third-party websites.
This Agreement does not constitute either of the Parties an agent or legal representative of the other for any purposes whatsoever and neither of the Parties shall be entitled to act on behalf of, or to represent the other unless duly authorised thereto in writing.
10. INCORPORATION BY REFERENCE
11. ACKNOWLEDGEMENTS BY LEGAL GUARDIAN
11.1. MathU Connect Centres may be situated in busy streets where motorists do not always take caution when approaching the property.
11.2. It is the Legal Guardian and or Au Pair’s responsibility to ensure that Students are safe and that they enter the MathU Connect Centre premises safely. The area outside the MathU Connect Centres are considered a Drop-Off zone and should be treated as that.
11.3. Students who are not physically dropped off at the Tutorials by their Legal Guardians and/or Au Pair (i.e., students who walk, ride bicycle or motorcycle or who uses any other mode of transport) are and will remain under the custody of the Legal Guardian.
11.4. Tutorials are supplemental to knowledge and are aimed at filling gaps in the Student’s ability to learn and understand a particular curriculum. Tutorials are not intended to replace education received or to be received at school, nor aimed at replacing the time students must spend at home on homework and revision.
11.5. MathU Connect Centre managers will assist Students via the MathU App to their best ability, but Students and their Legal Guardians are responsible to ensure that Students utilize the provided MathU App made available under a MathU Connect Centre subscription.
11.6. MTE does not have or offer any waiting room facilities to Students. Students, their Legal Guardians and/or their Au Pairs are and will remain responsible to ensure that Students are picked-up timeously from Tutorials. MTE, nor any of his Employees, will be responsible for supervision of any Student after Tutorials has adjourned, in other words, outside set MathU Connect Centre operating hours.
11.7. MTE recommends continuous centre attendance and platforms utilization based on each Student’s individual academic requirements.
11.8. You hereby agree, to the extent permitted by law, to indemnify and hold MTE harmless from any claims (of whatsoever nature, irrespective of the cause or circumstances) against MTE pertaining to their rendering of the services to you or the Student.
12. BREACH AND TERMINATION
12.1. Without prejudice to any other rights or remedies which either of the Parties may otherwise have in terms of the Agreement or at law, either of the Parties shall be entitled to terminate the Agreement by written Notice to the other, in the event that either of the Parties, or the Student, commits a breach of the terms and conditions of the Agreement and fails to remedy such breach within 5 (five) business days after receiving Notice from the other party to the Agreement.
12.2. The termination of the Agreement, for whatever reason, shall not affect the rights of either of the Parties:
12.2.1. that may have accrued before the termination of the Agreement; or
12.2.2. which specifically or by their nature survives the termination of the Agreement.
13.1. Should any dispute (other than a dispute in respect of which urgent relief may be obtained from a court of competent jurisdiction) arise in connection with:-
13.1.1. the formation or existence of; and/or
13.1.2. the carrying into effect of; and/or
13.1.3. the interpretation or application of the provisions of; and/or
13.1.4. the Parties’ respective rights and obligations in terms of or arising out of; and/or
13.1.5. the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of,
this Agreement, any documents furnished by the Parties pursuant to the provisions of this Agreement or which relates in any way to any matter affecting the interests of the Parties in terms of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of 14 (fourteen) Days, the said dispute or difference will, if demanded by any Party on written notice to the other Party, be submitted to arbitration in accordance with this clause.
13.2. The arbitration shall be held:-
13.2.1. at Pretoria;
13.2.2. with only the representatives and legal representatives of the parties to the dispute present thereat;
13.2.3. otherwise in terms of the Arbitration Act, No. 42 of 1965, it being the intention that the arbitration shall be held and completed as soon as reasonably possible after it was demanded.
13.2.4. The arbitrator for such arbitration proceedings will be a practising advocate or attorney with at least 10 years’ experience, agreed upon by the Parties and failing agreement, nominated by the chairperson for the time being of the Pretoria Bar Council.
13.3. The arbitrator:-
13.3.1. will have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially;
13.3.2. will determine the Party liable for her costs and the costs of an expert she consults and such Party will pay her costs;
13.3.3. may, in addition to any other award she may be able to make:-
220.127.116.11. award interest with effect from any date, and on any other basis, she considers appropriate in the circumstances;
18.104.22.168. shall make such order as to cost as she deems just.
13.3.4. The Parties irrevocably agree that the decision in any proceedings hereunder:-
22.214.171.124. will be final and binding on all of them;
126.96.36.199. will forthwith be carried into effect;
188.8.131.52. may be made an order of any court of competent jurisdiction.
13.4. The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if the agreement contained in this Agreement is terminated for any reason. The Parties shall keep the evidence in the proceedings and any order made by the arbitrator confidential, unless otherwise contemplated herein.
13.5. The arbitrator shall have the power to give Default Judgment if any Party fails to make submissions on due date and/or fails to appear at the hearing.
13.6. No clause herein which refers to mediation, conciliation or arbitration shall mean or be deemed to mean or interpreted to mean that either of the Parties shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of mediation, conciliation or decision of the arbitrator.
14.1. The expiration, cancellation or other termination of the agreement contained in this Agreement shall not affect those provisions of this Agreement which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
14.2. No addition to or variation, consensual cancellation or novation of this Agreement, or of this clause in particular, and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by the parties.
14.3. No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other Parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from this Agreement, and no single or partial exercise of any right by any Party under this Agreement, shall in any circumstances be construed to be an implied consent or election by such Party or operate as a waiver or a novation of or otherwise affect any of the Party’s rights in terms of or arising from this Agreement or estop or preclude any such Party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
14.4. This Agreement constitutes the whole agreement between the Parties and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained or referred to in this Agreement.
14.5. Save as herein expressly otherwise provided, neither this Agreement nor any part, share or interest therein nor any rights or obligations thereunder may be ceded, assigned, or otherwise transferred without the prior written consent of the other Party.
14.6. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.