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.
1. EDUBLOX (PTY) LTD
In this Agreement, the terms “we”, “us”, “our” and “Edublox” refers to Edublox (Pty) Ltd, Registration Number: 2009/016147/07. Edublox 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 and its affiliated entities.
This Agreement applies to any third party browsing or making use of the Platform (“Customer”).
The term “you” and “your” refers to any Customer 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. Edublox may, from time to time and at its sole discretion, amend any aspect of this Agreement for any reason whatsoever and Edublox 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.
4. EDUBLOX POLICY
Edublox 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 Edublox, 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 Edublox’s Platform and incorporated herein by reference. The Edublox Policy shall apply to your use of the Platform as well as all Products.
Edublox grants you a limited, revocable, non-exclusive license to access and use the Platform for personal and/or commercial use. Edublox shall be entitled to immediately terminate or suspend any license granted in terms of this Agreement in the event your use of the Platform is in breach of this Agreement.
6. THE PLATFORM
The Platform is owned and operated by Edublox 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. Edublox may interrupt the operation of the Platform as well as any service to the Platform, as and when such interruption becomes necessary and Edublox 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 Edublox on the Platform. Edublox does not guarantee the availability of any Product. Edublox 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. Edublox 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 use, application or completion of any Product shall not confer any type of qualification onto you. Edublox may offer ancillary services related to a particular Product.
8. THIRD PARTY SERVICES
The Products may be offered or accessed via third party websites and/or services prescribed by Edublox from time to time (“Third Party Sites”). Access or use of any Product via any Third Party Site is subject to your acceptance, without modification, of all the terms and conditions prescribed by such Third Party Site from time to time. By accessing or using the Products via any Third Party Site, you agree to be bound by such terms and represent that you have read and understood such terms.
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 or made available for the purpose of publication on the Platform (“Content“), your acknowledge and agree that Edublox does not control and is not responsible for such Content. Edublox shall not be liable for any loss or damage of any kind incurred as a result of any Content. Any person 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 Edublox or a third party, under applicable laws. Edublox is entitled to pre-screen any Content in order to approve or reject the placement of such Content on the Platform, however Edublox shall not be under any obligation to pre-screen any Content. Edublox 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 Edublox 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 Edublox with respect thereof.
In respect of any Content made available by you, you acknowledge and warrant to and in favour of Edublox 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 Edublox 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 Edublox 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 Edublox 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 Edublox’s business in any manner Edublox deems fit. You acknowledge and agree that Edublox 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 Edublox;
- 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.
Edublox 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 Edublox 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 Edublox, 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, Edublox 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“), Edublox 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.
10. 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 information from the Platform.
The purchase price in respect of a particular Product may be stipulated on the Platform from time to time. Edublox shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Edublox 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. Edublox may change the price of a Product at any time without prior notice.
You shall not utilise the Platform in a manner which disrupts the normal operations of the Platform. Edublox 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. Edublox 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 Edublox may monitor your usage of the Platform and/or a Product, using human monitors or automated software.
13. INTELLECTUAL PROPERTY
Edublox 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. Edublox 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 Edublox. Edublox 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 Edublox 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. Edublox prohibits any reproduction, modification, duplication, creation of derivative works from, or redistribution of any aspect of the Materials without the prior written consent of Edublox. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in any Material.
Edublox, 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. Edublox 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.
You indemnify and hold harmless Edublox, 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 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. Edublox shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Edublox 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 Edublox’s performance in respect of the Product or your use of the Product, other than in respect of losses caused by Edublox gross negligence or intentional misconduct. Edublox shall not be liable to you for any failure to perform as a result of technical problems relating to Edublox’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 Edublox’s reasonable control.
15. MONITORING AND SECURITY
Edublox may monitor all Platform activity. Each time you access the Platform your usage may be recorded by Edublox. Edublox shall take all reasonable steps to secure the information provided by, and collected from, you from unauthorised access and/or disclosure, however, Edublox makes no warranties or representations in this regard. Accordingly, Edublox assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Edublox’s control. Edublox 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. Edublox will only process your personal information in compliance with Protection of Personal Information Act, 4 of 2013 (“POPI”) and the European Union’s General Data Protection Regulations (“GDPR”) as well as other applicable data protection legislation in jurisdictions where these apply. You consent to the collection, storage, and use of your personal information provided by you via the Platform or accessible as a result of your use of the Platform, 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. Edublox may collect certain non-personal information such as your Internet Protocol address, operating system, browser type, and internet service provider. You acknowledge and agree that Edublox 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.
You hereby authorise Edublox and/or any third party service providers engaged by Edublox 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, for the purpose of data analysis and for improving your experience on the Platform.
How Your Information Is Used:
Edublox 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.
- Edublox may retain such information for as long as is required to fulfil its business objective.
Edublox 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. Edublox 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 Edublox, you or the general public.
17. ACKNOWLEDGMENT AND WARRANTIES
You expressly acknowledge and warrant, to and in favour of Edublox, that:
- You are fully familiar with Edublox’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 is provided on an “as is” or “as available” basis, without any warranties of any kind. To the fullest extent permitted by law Edublox, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and/or Products and your use thereof;
- Edublox 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;
Edublox 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. Edublox 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.
18. GOVERNING LAW
The terms and the relationship between you and Edublox shall be governed by the laws of South Africa. Edublox 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 Edublox must be submitted to the exclusive jurisdiction of the courts of South Africa. Edublox 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.
19. NOTICES AND COMMUNICATIONS
You hereby unconditionally allow Edublox to contact you via text messages, emails, phone calls, automated text messages or any via any other communication information provided by you to Edublox via the Platform 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 consent to receiving communications from Edublox electronically and agree that all notices, disclosures and other communications sent by Edublox satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
Edublox 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 Edublox and the English version shall prevail in the event of any conflict with a translated version. Edublox 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 Edublox and the English version shall prevail in the event of any conflict with a translated version.
21. BREACH AND TERMINATION
If you do not comply with this Agreement when accessing or otherwise using the Platform and/or Products, Edublox reserves the right to suspend your access to the Platform, temporarily or permanently. Edublox may establish limits from time to time concerning use of the Platform. You acknowledge and agree that Edublox reserves the right at any time to modify or discontinue the Platform (or any part thereof) with or without notice, and that Edublox 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 Edublox, in its sole and absolute discretion, has the right (but not the obligation) 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 Edublox is of the belief that you have breach any provision of this Agreement.
22. GENERAL INFORMATION
This Agreement may be ceded, delegated or assigned by Edublox 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 Edublox and govern your use of the Platform and supersede all prior understandings, proposals, agreements, negotiations, and discussions between you and Edublox, 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 Edublox 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. Edublox 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 Edublox in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of Edublox arising from this Agreement and no single or partial exercise of any right by Edublox under this Agreement, shall in any circumstances be construed to be an implied consent or election by Edublox or operate as a waiver or a novation of or otherwise affect any of Edublox’s rights in terms of or arising from this Agreement or estop or preclude Edublox 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.