Date of Last Revision: 01 April 2021
- These Terms apply to you whenever you visit the MathU Teaching Emporium website whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on the MathU Teaching Emporium website you are expressly accepting and agreeing to be bound by the Terms.
- 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.
- These are the general terms of the relationship between you (the ‘website visitor’) and MathU Teaching Emporium (Pty) Ltd (Registration Number) 2016/150475/07 with our usual place of business at 359 Pienaar Street, Brooklyn, Pretoria (the ‘website owner’).
- They cover this website and apply to the use of the website itself, as well as its content (including but not limited to the text, images and other substantive information on the website).
- You agree to be legally bound by the terms by visiting and using the website. You may not use the website and must immediately stop doing so if you do not agree to the terms.
Definitions and interpretation
- In these terms, the following definitions will apply:
- ‘we,’ ‘us’ or ‘our’ our means the website owner and includes our officers, agents, employees, owners, co-brands, and associates where the terms limit or exclude our liability; and
- ‘you’ or ‘your’ means any website visitor to or other person who accesses or uses this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the website visitor.
- We make this website available with the sole intention of providing you with information about us, our subsidiaries and other members of our group of companies, and to possibly enter into an agreement with us to render services to you, which will be subject to an additional agreement.
- You may only use this website for non-commercial purposes.
- We grant you a limited licence to use this website subject to these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
- You may view, copy, download to your device, print or distribute the content available through this website, provided that:
- you do not share video content unless it includes a link to this website;
- you use the content for only informational and non-commercial purposes; and
- any reproduction of the content includes the relevant copyright notice.
- Any third-party website may link solely to the home page of this website and not to any other page or part of this website.
- You may only use or link to this website for any purpose, or in any way, not expressly permitted in these terms with our express prior written permission.
- We may revoke your rights to use this website or the content at any time and for any reason, without notice or informing you.
- If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.
- You must not, directly or indirectly, or allow anybody else to:
- do anything that violates any of these terms;
- do anything which is illegal, fraudulent or violates or infringes any rights, title or interest (including, any intellectual property rights) in or to this website or its content;
- frame this website or any of its pages in a way that we have not expressly authorized;
- deep link (link to any page other than the home page of this website) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so
- remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms on the website;
- use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so;
- introduce any materials that are designed to impede the operations of the website or its content;
- damage, disable, overburden, impair, or gain unauthorized access to the content or the website;
- remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the website;
- use the website or the content to advertise or promote products or services that we have not expressly approved in writing in advance;
- interfere with anyone else’s use and enjoyment of the website;
- attempt to discover or reverse engineer the source code and other materials forming part of the technology used to provide the website or forming part of the content; or
- receive or charge money, favours or other consideration for allowing any other person to use or access the website or the content.
- These terms and any restrictions on the use of the website will also apply to any part of the website and content that is cached when using the website.
- We may monitor whether you are complying with these terms.
Reliance on content
- must not rely on the content for any purpose, because it may not be accurate, complete, adequate, or current.
- We and/or third-party data providers give no warranties with respect to this website or the content, including in relation to the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the content.
- We and/or any third-party data providers accept no responsibility, and will not be required, to update the website or the content or to notify you or other users of content that is inaccurate, incomplete, inadequate or out-of-date.
None of the content on this website constitutes advice (professional or otherwise) or our official opinion. You are encouraged to consult professional advice before taking any course of action related to the content.
Access to Website
We do not warrant that you will always be able have access to this website. Services and Content. We may suspend the website for any reason. We may decide to change the features and technical aspects of the website. Such changes may cause interruptions to the operation of the website.
Statements on Website
- This website contains ‘forward-looking statements.’ These statements are based on the current expectations and views of future events and developments of our management and are naturally subject to uncertainty and changes in circumstances. When used in this website, words such as ‘anticipate’, ‘believe’, ‘estimate’, ‘expect’, ‘intend’, ‘plan’, ‘will’, ‘may’, ‘would’, ‘could’ and ‘project’ are intended to identify forward-looking statements. All statements, other than statements of historical facts, are, or may be deemed to be, forward-looking statements.
- Undue reliance should not be placed on the forward-looking statements as they are reflective of the views of our management as of a particular date, made with respect to future events and are subject to risks and uncertainties, some of which are outside our control. There are important factors, risks and uncertainties that could cause actual outcomes and results to be materially different from those projected on the website.
- The forward-looking statements should be read in conjunction with other cautionary statements that are included elsewhere, and any other documents we have made public. Any forward-looking statements are qualified in their entirety by these cautionary statements, and there can be no assurance that the actual results or developments anticipated by us will be realised or, even if substantially realised, that they will have the expected consequences to, or effects on, us or our business or operations. Except as required by law, we undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Duty to Provide Accurate Information
You agree that you will only give accurate information to us and this website.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offense in terms of existing cybercrime laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Intellectual Property Rights
- Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third-party licensor. All moral rights are reserved.
- Your rights to use the website and its content are limited to those that we give to you in these terms.
- Except as expressly permitted under the agreement, the website and its content may not be:
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.
- You may not remove any copyright, trademark or other proprietary notices from the content.
- Our logo and sub-logos, marks, trade names, and images of them constitute our goodwill and/or trademarks. These are important assets to us and represent a high standard of quality and brand recognition that we have spent substantial resources developing. Accordingly, no person may use them without our permission, subject to the following conditions:
- only press agencies, journalists, and students in newspapers, news magazines, trade publications, broadcast media, online media, and educational articles about us and our goods and services may make editorial use of our trademarks;
- we prohibit the use of our trademarks for non-editorial purposes, unless we have given you prior written consent; and
- only third parties wishing to use our trademarks for editorial purposes or third parties who have our prior written consent to use them for non-editorial purposes are allowed to use our trademarks as authorised users.
- We grant all authorised users a licence to use our trademarks subject to the following limitations:
- we may revoke the licence at any time;
- we may allow anyone else to use our trademarks;
- you may only use our trademarks for the duration of the agreement;
- you may only use our trademarks according to these terms;
- you may not transfer the licence to anyone else;
- you may only use our trademarks for the specified purposes that we’ve communicated to you in writing from time to time;
- you may only use our trademarks in ongoing compliance with our use requirements; and
- any other limitations agreed between us and you in writing.
- You may only use our trademarks in accordance with our authorised users’ trademark licence, provided that:
- you must check our library before using a logo or image to make sure you are using the current version of the logo or image;
- you must reproduce our logos or images exactly as they appeared in our logo library when they were downloaded;
- you must not alter the colour, font style, font size, or stylization of our logos or images;
- you must not use our logos or images in a sentence or text string;
- you must not use our logos or images in combination or conjunction with any other logos, designs or elements;
- you must use the correct trademark and copyright ownership symbols (i.e., ®, TM or ©) immediately after using our logos or images;
- you must not redistribute the materials in which our logos or images appear for other third parties to use or copy; and
- the goods and services that you offer in connection with our logos or images must be of the same standard, grade and quality of our goods and services maintained fore.
- We may revoke your licence to use our trademarks as an authorised user if you fail to comply with any of these requirements.
- You must stop using our trademarks or other content immediately if we ask you to.
- Any other trademark or trade name that may appear in the website’s content is the property of its respective owner.
- In this clause:
- ‘feedback’ means any comments or suggestions you send us or post on a website that we control related to our goods or services; and
- ‘unsolicited ideas’ means any original intellectual property related to our goods or services or new goods or services that we have not asked you for in writing.
- We value your feedback about our website and its content. It helps us improve them. But, please ensure that your feedback does not contain any unsolicited ideas. The purpose of this restriction is to avoid potential misunderstandings or disputes if our website and its content incorporate an idea similar to an unsolicited idea that you submitted to us in your feedback.
- We are not obliged to compensate or credit you for your feedback in any way unless we have a written agreement with you to do so.
- When you submit your feedback to us, you:
- grant to us a perpetual, non-exclusive, royalty-free licence to use, reproduce and, modify your feedback for any purpose related to our goods or services;
- agree to deliver all documents and perform all actions necessary to ensure that our rights to use, reproduce, and modify your feedback are effective and enforceable; and
- give up any claim that our use, reproduction, or modification of your feedback violates any of your rights, including your intellectual property rights or your moral rights (the rights not to have your work distorted and to be credited for your work).
- You can submit any feedback to us by email or through any of our other feedback channels.
- Please send us your contact details if you have an unsolicited idea. Please do not send us anything related to the actual unsolicited idea. We may contact you directly for more information about your unsolicited idea, but are under no obligation to do so.
Limits to our Liability
- We provide the website ‘as is’. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
- TO THE EXTENT PERMITTED BY LAW, YOU INDEMNIFY US AGAINST ANY CLAIM, DEMAND, LOSS, DAMAGE, COST, OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO YOUR USE OF THIS WEBSITE.
- WE WILL DO OUR BEST TO FIX ANY FAULT IN THIS WEBSITE AS SOON AS REASONABLY PRACTICAL AFTER WE FIND OUT ABOUT IT. THIS IS THE LIMIT OF OUR RESPONSIBILITY AND LIABILITY FOR ANY FAULT IN THE WEBSITE.
- IF THE PREVIOUS CLAUSE DOES NOT APPLY FOR ANY REASON, OUR MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS FOR DIRECT DAMAGES IS R100. THIS LIMIT APPLIES IRRESPECTIVE OF THE LEGAL NATURE OF THE CLAIM.
- WE WILL NEVER BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES, EVEN IF WE SHOULD HAVE FORESEEN THEM. THESE MAY INCLUDE ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF USE OR DAMAGES RELATED TO LOST OR DAMAGED DATA.
- We are not responsible for anyone else’s website.
- These terms are governed by and interpreted in accordance with the law of the Republic of South Africa. Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails. You agree that any arbitration will be in Johannesburg, South Africa in accordance with a procedure and rules agreed to between Us and You. If no agreement can be reached about the method of arbitration, the Expedited Rules of the Arbitration Foundation of South Africa will automatically apply.
- Each provision of these terms will be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms will nevertheless remain binding and continue with full force and effect.
- We hereby select 1st Floor Skeen Office Park, 16 Skeen Boulevard, Bedfordview, Johannesburg, South Africa, 2007 as our address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). We may change this address from time to time by updating these terms. Notices must be sent either by hand, prepaid registered post or email and must be in English.
- You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these terms without our prior written approval.
- Any failure on the part of us to enforce any right in terms hereof shall not constitute a waiver of that right.
- These terms constitute the whole agreement between you and us relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these terms not incorporated in these terms will be binding on any of the parties.
- No indulgence, leniency or extension of a right, which may be granted or shown to you shall in any way prejudice or preclude us from exercising any of the rights that it has derived from these terms.