Terms & Conditions
Education Platform Terms and Conditions (Webpage and in General)
1. PRODUCTS AND SERVICES.
Thank you for ordering Education Platform Products on this website. These Education Platform Terms and Conditions, provided on Education Platform website or Purchases that you have selected (collectively, the “Agreement”) constitutes a legal agreement between you (“User”) and Education Platform, and governs the use of the Services and Products to which User is granted access under this Agreement.
By using the Services, or making any subsequent Product Purchases, you certify and warrant that you are duly authorized to enter into this binding Agreement on behalf of the Client and that you understand and agree to the Terms and Conditions of this Agreement.
This Agreement incorporates subscription, activation, ordering and pricing terms provided to User for the Services or Products selected and for other Education Platform services made available to Client and/or User through these Services or Products, which may be subject to change from time to time.
2. RESTRICTIONS.
User shall not itself, or through any Client affiliate, Client user, consultant, contractor, agent or other third party (i) share, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party, in whole or in part, (ii) write or develop any derivative works based on the Protected Products or its content, in whole or in part; (iii) access or attempt to access any other Education Platform systems, programs, features or data that are not made available in the Products or for public use; (iv) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Services or Products, in whole or in part, for competitive purposes or otherwise; (v) allow access to, provide, divulge, or otherwise make available the Protected Products to any user other than User and
the number of Client users Services or Products have been purchased for; (vi) modify, adapt, translate, or otherwise make any changes to the Protected Products or any part thereof; (vii) interfere with the proper working of the Products, or allow access to, provide, divulge or make available the Protected Products to any user other than Client otherwise use or copy the Protected Products except as expressly allowed under this Agreement. By using these products, User warrants to Education Platform that it will not use the Products, for any purpose that is unlawful or prohibited by this Agreement.
A violation of any provision listed in Section 2 will result in judicial investigation and prosecution.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
All rights not expressly granted in this Agreement are reserved by Education Platform. User acknowledges that: (i) the Services are licensed and forbidden Copyright prevails, and all its content is subscribed to not sold; (ii) User acquires only the right to use the Protected Products and Education Platform, and its licensors if applicable, shall retain sole and exclusive ownership of all rights, title, and interest in the Protected Products, including (whether developed by Education Platform, Client, Client user, or other third party) (a) intellectual property embodied in or associated with the Protected Products, (b) deliverables and work product associated with the Protected Products, and (c) all copies, modifications, and derivative works thereof; and (iii) the Protected Products, including the source and object, videos and QR codes, logic and structure thereof, constitute valuable trade secrets of Education Platform. The Protected Products are protected by copyright, trade secret and other intellectual property laws. The Education Platform does not grant any license or other authorization to any user of its branding, trademarks, service marks, or other copyrightable material or other intellectual property.
4. PAYMENT TERMS.
Purchasing of Products are due in full according to online shop requirements. The Services will be deemed accepted by User upon agreement to these Terms. Education Platform receives and processes all payment information. When User paying online via credit or debit card, or direct bank transfer, payment information User provides must be accurate, current and complete. The User agrees to notify Education Platform promptly of any change in the payment information. If User
subscribes and provides payment information via its Card, User’s Card or bank account will be debited. Immediate shipment will follow to the indicated address, when payment is reflected in the given account.
The User shall always comply with the provisions of this Agreement as may be updated from time to time by us, the Card Scheme Rules and the Applicable Laws.
5. USE AND FEEDBACK
5.1 Upon the Education Platform’s acceptance and processing of User’s payment in compliance with the terms of Section 4, User will be granted access to the purchased Products.
5.2. Education Platform may provide User with a mechanism to provide feedback, suggestions and ideas, if User chooses, about its services (“Feedback”). Users agree that Education Platform may, in its sole discretion, use the Feedback provided to Education Platform in any way, including in future modifications of the Services, multimedia works and/or advertising, marketing and promotional materials relating thereto. 6. Education Platform Services
Education Platform offers additional services, like: Training of Educators, SMT’s, SGB’s in Leadership and Managerial Skills, Personal Growth Plans, Educator subject training in Math and Science, Math and Science Projects Whole School Development, Math Olympiads and many more.
7. DISCLAIMER OF WARRANTIES.
7.1. USER’S USE OF THE SERVICES, INCLUDING ANY SOFTWARE, AND CONTENT THEREIN, IS ENTIRELY AT ITS OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDUCATION PLATFORM, ITS AFFILIATES, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES , WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES, CONTENT AND RELATED MATERIALS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR,PURPOSE,TITLE,MERCHANTABILITY, NON-INTERFERENCE WITH OR
NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AND SIMILAR LAWS OF ANY JURISDICTION.
EDUCATION PLATFORM AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, QUALITY OR ANY CONTENT IN THE SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE SERVICES. EDUCATION PLATFORM AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. USER ASSUMES ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO USER, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2. EDUCATION PLATFORM AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. EDUCATION PLATFORM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT USER’S USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS,
8. LIMITATION OF LIABILITY AND DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF EDUCATION PLATFORM, ITS AFFILIATES AND SUPPLIERS, AND USER’S EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM USER FOR THE SERVICES TO EDUCATION PLATFORM, ITS AFFILIATES OR ITS SUPPLIERS FOR THE SERVICES PURCHASED UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDUCATION PLATFORM, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF
DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET EDUCATION PLATFORM SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF EDUCATION PLATFORM, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDUCATION PLATFORM AND CLIENT. EDUCATION PLATFORM WOULD NOT HAVE PROVIDED THE SERVICES TO CLIENT WITHOUT SUCH LIMITATIONS.
9. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (“CONSENT”).
9.1. Consent to Electronic Communications. Education Platform may be required by law to send “Communications” to User that pertain to the Services, the use of information User may submit to Education Platform, and the services chosen by User. Certain third-party services User chooses may require Communications with the third parties who administer these programs (“Third Party Services”). Users agree that Education Platform, on behalf of itself, and others who administer such Third-Party Services (as applicable), may send Communications to User by email. User consents to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to User or received from User in connection with the Services and Third-Party Services.
9.2. Consenting to Do Business Electronically.
The decision to enter into this Agreement electronically (to “Do Business Electronically”) belongs to User. User’s consent to do business electronically and Education Platform’s agreement to do so cover all transactions conducted through Services for as long as User remains a subscriber to or uses the Services or Products. Education Platform does not provide ISP services. User is responsible, at its expense, for access to the internet and to the Services. Any necessary hardware and software must be procured at User’s sole expense. User agrees to notify Education Platform promptly of any change in contact information or other Registration Data by notifying Education Platform via email at andre@educationplatform.co.za.
10. TERMINATION.
Users’ rights under this Agreement may be terminated or suspended by Education Platform immediately and without notice if User fails to comply with any Terms of this Agreement or any other agreement between Education Platform and Client. Upon termination, User must immediately cease using the Services and all outstanding payments will become due and owing. Any termination of this Agreement shall not affect Education Platform’s rights hereunder. Other terms regarding termination or expiration of the Services may apply in accordance with the activation and ordering terms for the specific Services purchased by User.
11. MISCELLANEOUS.
Any modification or waiver of the Terms herein by Education Platform must be signed in writing by an authorized representative of Education Platform expressly referencing the applicable provisions of this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to fully accomplish the objectives of such provision possible under applicable law, and the remaining provisions will continue in full force and effect.