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Conditions of Use |
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1. Website Terms and Conditions of Use Relating to www.yteach.co.za
- These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the yTeach (“Provider”) website located at the domain name www.yteach.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
2. Electronic Communications
- By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
3. E-Commerce & Privacy
- The Website (www.yteach.co.za) sells technology enhanced educational goods online. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, , injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, ,delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device. The Provider will supply all goods to the delivery Provider in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address. Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions. Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, P.O. Box 26564, Monument Park, Pretoria, 0105, or kathykay@mweb.co.za 4. Updating of these Terms and Conditions
- Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
5. Copyright and Intellectual Property Rights
- Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are the copyrighted works of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the website, vest in the Provider or has been licensed to the Provider, and that the User is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of the Provider. The User furthermore acknowledges that the information and documentation contained in this website is the proprietary information and copyrighted material of the Provider and that no party is entitled to use or exploit in any manner whatsoever, any of the proprietary information or copyrighted material of the Provider.The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. The User shall, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this website, and not, other than for his personal and non-commercial use, mirror or cache information provided via this website on his own server or other computer or other storage facility of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from this website without prior written permission of the Provider.
6. Limited License to General Users
- Provider grants to the User,subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.Any unauthorised use terminates this license.
7. No improper use
- The User hereby agrees not to use this website and services for any purpose that is unlawful, improper or prohibited by these terms and conditions. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User is resided or conduct business; activities designed to encourage unlawful behaviour by others, the invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; and activities designed to impersonate the identity of a third party. In addition to the aforementioned, the User agrees that it shall not link, frame and part, page, in whole or in part, in any manner whatsoever without the prior written consent of the Provider.
8.General use conditions
- The User shall furthermore not apply any technology methods (including spiders or web crawlers) to search, explore, collect and gain information on this website in any manner whatsoever without the prior written consent of the Provider. The User agrees that it will only use this website, the information contained thereon and the online services in respect of the specific purposes for which it is created for. In using the website, information or online services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (c) create a false identity, (d) use or attempt to use another's account, password, service or system without authorization from the Provider, (e) access or attempt to access any service or content which the User is not authorized to access, (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User own or control the rights thereto or have received all necessary authority to do the same, (k) advertise or offer to sell or buy any goods or services for any purpose, (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
9. Third party sites and services
- This website and online services may also make available other services, service providers, dealings, web sites and/or web pages operated by third parties offering material, information and online services (the "third party service"). The use of the third party services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites (if any). Third party services are made available only as a convenience, and the reference or any hyperlink to a third party’s website or service does not imply endorsement by the Provider of the operator of such site or any association between the Provider and such operator. Any dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. The Provider will not be responsible or liable for any part of any such dealings.
10. Limitation of liability
- The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider or, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof. Without limiting the foregoing, the Provider and its suppliers make no warranty that (a) the website, online service, other services, products or materials will meet the User’s requirements, (b) the website, online service, other services products or materials will be uninterrupted, timely, secure, virus-free or error-free; or will be compatible with other software or applications to be used with or applied to, (c) the results that may be obtained from the use of the website, online service or other services and materials will be effective, accurate or reliable, (d) the quality of the website, online service, or any products, materials or other services will meet the User’s expectations and (e) any errors in any software obtained from or used through the website, online services, products and materials, or any defects in the services and products or materials, will be corrected, or that (f) the information provided will be accurate. The Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. Privacy: casual surfing
- The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
12. Choice of Law
- This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
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