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Terms and conditions & Privacy Policy – Study Guru
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STUDY GURU (PTY) LTD

Registration Number: 2018/400844/07 

 

 TERMS AND CONDITIONS OF USE & PRIVACY POLICY

 

1.      INTRODUCTION

 

  1. This website is an online educational platform owned by Study Guru (Pty) Ltd that provides the user with access to educational videos, exercises and additional resources to aid the user academically.

 

 

2.      DEFINITIONS

 

Unless the context clearly indicates otherwise, the following definitions will apply to the Terms and Conditions of Use:

 

  1. “Business Day” means any day other than a Saturday, Sunday or public holiday in South

Africa.

 

  1. „„Child‟‟ shall have the same meaning as defined in the POPI Act;

 

  1. “Course Content” means any information, image, video, audio, data, works of authorship, content, software and technology which may be displayed on, incorporated into, underlying, or used to operate the website;

 

  1. “Consumer” shall have the same meaning as defined in the CPA;

 

  1. “CPA” means the Consumer Protection Act, Act 68 of 2008;

 

  1. “ECTA” means the Electronic Communications and Transactions Act, Act 25 of 2002;

 

  1. “Intellectual Property” means including but is not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website‟s look and feel), inventions, trademarks, tables and compilations of data which are created, invented and/or developed, registered or unregistered in the website;

 

  1. “License” means to have access to specific course content on the website for personal, noncommercial transitory viewing;

 

  1. “Order” means the confirmation of purchase of specific course content on the website;

 

  1. “POPI Act” means the Protection of Personal Information Act, Act 4 of 2013;

 

  1. “Personal Information” shall have the same meaning as defined in the POPI Act;

 

  1. “Study Guru” means Study Guru (Pty) Ltd a company with limited liability, duly registered and incorporated in terms of the company laws of the Republic of South Africa with registration number 2018/400844/07 and/or any of its duly authorised representative and/or successors in title;

 

  1. “Transaction” means the order and payment, in full or in part thereof, of course content on the website;

 

  1. “User” means a natural person, which includes a minor child with the necessary authorisation from his/her parent or legal guardian, who has been supplied with a username and password by Study Guru to access and use the website;

 

  1. “Website” means www.studyguru.co.za owned and provided by Study Guru;

 

  1. Unless the context clearly indicates otherwise, words referring to one gender shall include the other gender, the singular shall include the plural and vice versa and natural persons shall include juristic persons and vice versa.

 

 

3.      TERMS OF USE

 

  1. The user‟s access to and use of the website is subject to his/her compliance with and acceptance of the Terms and Conditions of Use set out below.

 

  1. The user may not accept the Terms and Conditions of Use if he/she is under 18 (eighteen) years of age and/or lacks the legal capacity to enter into a binding agreement with Study Guru without the authorisation of his/her parent or legal guardian.

 

  1. By accepting the Terms and Conditions of Use at registration, the user agrees to be legally bound by the Terms and Conditions of Use set out below.

 

  1. Should the user‟s parent or legal guardian give authorisation, as set out above, then such person agrees to be bound to the Terms and Conditions of Use and to be liable and responsible for the user and all the user‟s obligations under the Terms and Conditions of Use.

 

  1. Please examine the Terms and Conditions of Use carefully before accessing or using the website.

 

  1. It is the user‟s responsibility to review this documentation regularly, and to ensure that he/she agrees with any amendments to the Terms and Conditions of Use.

 

  1. Should the user not agree with any amendments to the Terms and Conditions of Use, he/she may no longer access the website.

 

  1. Nothing in the Terms and Conditions of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the user or Study Guru in terms of the CPA.

 

 

4.      LICENSE TO USE

 

  1. The user is granted a license to have access to specific course content on the website for a fixed period, as set out in the course outline, upon order and payment in full.

 

  1. Access to course content on the website will be for personal, non-commercial transitory viewing only.

 

  1. This agreement is a license agreement, not a transfer of title, and under this license the user may not:

 

  • download or print out course content from the website unless expressly made available for download by Study Guru and provided that all copyright and other intellectual property notices therein are unchanged;

 

  • create links or deep links to course content;

 

  • modify or copy course content;

 

  • use course content for any commercial purpose or for any public display (commercial or non-commercial);

 

  • attempt to decompile or reverse engineer any software contained on the website;

 

  • remove any copyright or other proprietary notations from the website; or

 

  • transfer course content to another person or “mirror” course content on any other server.

 

  1. Study Guru reserves the right to terminate a user‟s license, without notice at any time, should he/she violate any of these restrictions or other terms as set out in the Terms and Conditions of Use.

 

  1. Upon the termination of the user‟s license, he/she must destroy or delete any course content in his/her possession whether in electronic or printed format.

 

 

5.      REGISTRATION AND USE OF THE WEBSITE

 

  1. Only a registered user may order course content on the website.

 

  1. To register the user must provide a unique username, password and certain personal information to Study Guru.

 

  1. The user warrants that the personal information submitted to Study Guru is accurate, current and complete.

 

  1. Study Guru processes and stores the user‟s personal information in terms of our Privacy Policy set out below.

 

  1. The user confirms that he/she has read and understands the Privacy Policy set out below.

 

  1. The user will need to use his/her unique username and password to access the website and order course content.

 

  1. The user agrees and warrants that the username and password provided shall:

 

  • be used for personal use only; and

 

  • not be disclosed to any third party.

 

  1. For security purposes the user agrees to enter the correct username and password whenever ordering course content, failing which he/she will be denied access.

 

  1. The user agrees that, once the correct username and password for his/her account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, he/she will be held liable for payment, save where the order is cancelled by the user in accordance with the Terms and Conditions of Use.

 

  1. The user agrees to notify Study Guru immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of his/her username and password and to take steps to mitigate any resultant loss or harm.

 

  1. The user agrees that he/she will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, the user agrees that he/she will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from Study Guru (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).

 

  1. The user may not use the website to distribute content which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

 

  1. The user may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of Study Guru.

 

 

6.      PAYMENT & REFUND

 

  1. Study Guru is committed to providing secure online payment facilities.

 

  1. Payment may be made via Visa, or MasterCard credit cards or by bank transfer into Study Guru‟s bank account, the details of which will be provided on request.

 

  1. Card transactions will be acquired for Study Guru via PayGate (Pty) Ltd (“Paygate”) who is an approved payment gateway for all South African Acquiring Banks.

 

  1. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website.

 

  1. Users may go to www.paygate.co.za to view their security certificate and security policy.

 

  1. The user‟s personal information will be stored separately by Study Guru from card details which are entered by the user on PayGate‟s secure site. For more detail on PayGate refer to www.paygate.co.za.

 

  1. The transaction currency is South African Rand (ZAR).

 

  1. Irrespective of any previous price the user has seen or heard, once he/she selects course content that he/she wishes to order, he/she will then be shown or told (on the website) the charges he/she must pay including value added tax (VAT).

 

  1. The course content purchased shall only be made available for accessing by the user upon receipt of payment in full by Study Guru.

 

  1. All transactions are final.

 

  1. The user may cancel an order prior to payment, in full or in part thereof, being made.

 

  1. If technical problems prevent or unreasonably delay delivery of course content, the user‟s exclusive and sole remedy is either replacement of the course content or refund of the price paid, as determined by Study Guru.

 

  1. Study Guru expressly reserves the right, in its sole and absolute discretion, to refuse a refund request if Study Guru finds evidence of fraud, refund abuse, or other manipulative behaviour.

 

 

7.      INTELLECTUAL PROPERTY RIGHTS

 

  1. This website is owned by Study Guru.

 

  1. All content, trademarks and data on this website, including but not limited to, video‟s, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Study Guru, and as such are protected by law, including but not limited to copyright and trade mark law.

 

  1. The user will not acquire any right, title or interest in or to the website or the website content unless such right, title or interest has expressly been granted to the user in terms of the Terms and Conditions of Use.

 

  1. Any use, distribution or reproduction of the website content is strictly prohibited, unless expressly authorised in terms of the Terms and Conditions of Use. The user is advised that Study Guru will aggressively enforce its intellectual property rights to the fullest extent of the law including criminal prosecution.

 

  1. Where any of the website content has been licensed to Study Guru or belongs to any third party, the user‟s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and user agrees to comply with such third party terms and conditions.

 

 

8.      PRIVACY POLICY

 

  1. Study Guru protects a user’s privacy.

 

  1. By submitting personal information as required to register as a user of the website, he/she agrees to abide by this Privacy Policy and consent to Study Guru collecting, storing and using his/her personal information for the purpose as set out below.

 

  1. Any personal information provided to Study Guru through this website will be processed and stored in accordance with the ECTA and POPI Act.

 

  1. No personal information will be disclosed to third parties without the user’s permission or due process, however, Study Guru reserves the right to share personal information with business partners as set out below.

 

  1. Study Guru collects and will be in possession of the following personal information of the user:

 

  • Information provided by the user voluntarily – this information is used to provide a better service to the user;

 

  • Information automatically provided (e.g. cookies) – this information is collected to better the user‟s browsing experience and interaction with Study Guru.

 

  1. The user consents to the following:

 

  • Study Guru may use the user‟s personal information to communicate with him/her from time to time.

 

  • Study Guru may use the user’s information for non-personal statistical purposes;

 

  • Study Guru may share the user’s information with business partners for commercial reasons.

 

  1. The user may at any time after accepting the Terms and Conditions of Use opt out to his/her personal information being used, as set out above, by written notice to Study Guru.

 

 

9.      SECURITY OF INFORMATION

 

  1. The user undertakes not to divulge his/her user name and passwords to any other person.

 

  1. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised damaging or malicious code to this website.

 

  1. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Study Guru should suffer any damage or loss, damages will be claimed.

 

 

10.   DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

 

  1. The full name and legal status of the website owner is:

 

  • Study Guru (Pty) Ltd a company with limited liability, duly registered and incorporated in terms of the company laws of the Republic of South Africa;

 

  • Registration number: 2018/400844/07.

 

  1. The full address of the website owner is detailed hereunder.

 

  1. The website address of this website is: www.studyguru.co.za.

 

  1. The e-mail address of Study Guru is: info@studyguru.co.za.

 

  1. The phone number of Study Guru is: 021 702 1613.

 

  1. The directors of Study Guru (Pty) Ltd are:

 

  • Brendon Bradley van Niekerk;

 

  • Marc van Niekerk;

 

  • Willem Jacobus van Niekerk.

 

  1. Physical address for receipt of legal service: 9 Silvan Park, Westlake Business Park, Westlake, Western Cape, 7966.

 

  1. Main business: online educational platform providing the user access to educational videos, exercises and additional resources to aid academically.

 

 

11.   CHANGES AND AMENDMENTS

 

  1. Study Guru expressly reserves the right, in its sole and absolute discretion, at any time, without notice:

 

  • to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason;

 

  • to modify or change the website, or any portion of the website, and any applicable policies or terms;

 

  • to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes;

 

  • to change and amend the prices and rates quoted on this website.

 

  1. The user undertakes to review the website regularly and to acquaint himself/herself with the changes and/or amendments in the information supplied on the website.

 

 

12.   DISCLAIMER

 

  1. Subject to the provisions of ECTA, Study Guru shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the service or content provided from and through this website.

 

  1. Study Guru makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from error or omissions or that the service will be 100% uninterrupted and error free.

 

  1. Study Guru disclaims all warranties, implied or otherwise, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

 

  1. This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements.

 

  1. Study Guru makes no representations or warranties, implied or otherwise, that the user will obtain specific results from use of the website.

 

  1. The use of the website is entirely at the user‟s own risk.

 

  1. It is the sole responsibility of the user to satisfy himself/herself prior to entering into this agreement with Study Guru that the content available from and through this website will meet his/her individual requirements and be compatible with his/her hardware and/or software.

 

  1. Any information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of Study Guru.

 

  1. Study Guru does not endorse any views, ideas, opinions, actions or statements made or expressed on the website and expressly disclaim any and all liability in connection therewith.

 

  1. Any trademark, brand or logo displayed on the website does not imply any affiliation with, or endorsement by, or endorsement of Study Guru unless expressly stated otherwise.

 

  1. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

 

13.   LIMITATION OF LIABILITY

 

  1. Study Guru cannot be liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of Study Guru. The user is encouraged to contact Study Guru to report any possible malfunctions or errors.

 

  1. Study Guru shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from a user‟s use of, or reliance upon, the website or the content contained in the website; or a user‟s inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

 

  1. Study Guru shall not be liable for any direct, indirect, incidental, special or consequential loss or damages caused by viruses that may infect the user‟s computer equipment or other property which might arise from the user downloading any content from this website.

 

  1. The user hereby indemnifies Study Guru against any loss, claim or damage which may be suffered by the user or any third party arising in any way from the use of this website and/or any linked third party website.

 

 

14.   FORCE MAJEURE

 

  1. Study Guru shall not be liable for any breach, hindrance or delay in the performance attributable to any cause beyond Study Guru‟s reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or lock-out of employees, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.

 

  1. The user or Study Guru may terminate the agreement by written notice to the other in the event of a Force Majeure that lasts for a period of two business days or more, in which event neither the user nor Study Guru shall be liable to the other by reason of such termination (other than for a refund for course content already paid for by user and which has not been made available).

 

 

15.   GENERAL

 

  1. The Terms and Conditions of Use constitute the entire agreement between Study Guru and the user.

 

  1. Any failure by Study Guru to exercise or enforce any right or provision of the Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.

 

  1. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining Terms and Conditions of Use. The remaining Terms and Conditions of Use shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

 

 

16.   NOTICES AND DOMICILIUM

 

  1. All notices or any other communications whatsoever (including, without limitation, any approval, consent, demand, query or request) by either party in terms of this agreement or relating to it shall be given in writing, and shall be sent by registered post, or delivered by hand, or transmitted by e-mail to the recipient party at its last know relevant address.

 

  1. Study Guru chooses as its address for all purposes under the Terms and Conditions of Use, the following:

 

  • 9 Silvan Park, Westlake Business Park, Westlake, Western Cape, 7966; or

 

  • info@studyguru.co.za.

 

  1. The user choses as his/her address for all purposes under the Terms and Conditions of Use, his/her physical address or e-mail address as provided by him/her upon registration as a user.

 

  1. A notice which is sent by prepaid registered post in a correctly addressed envelope to the postal address specified above will be deemed to have been received within 7 (seven) days from date it was posted, unless the contrary is proven by the addressee.

 

  1. A notice which is delivered by hand to a responsible person during ordinary business hours at above address will be deemed to have been received on day of delivery, unless the contrary is proven by the addressee.

 

  1. An e-mail sent to the e-mail address specified above will be deemed to have been received on the first business day after transmission, unless the contrary is proven by the addressee.

 

  1. Study Guru reserves the right to changes its chosen address from time to time by updating the Terms and Conditions of Use.

 

  1. The user may change his/her chosen address by written notice to Study Guru or by updating his/her personal information on the website.

 

  1. The parties choose their respective physical addresses as set out above as their respective domicilia citandi et executandi at which all documents relating to any legal proceedings to

which they are a party may be served. If that address is changed to another address which is not a physical address in the Republic of South Africa, then the original address shall remain the domicilium citandi et executandi of the relevant party until it nominates a new physical address within the Republic of South Africa in writing, to be its new domicilium citandi et executandi.

 

 

 

17.     JURISDICTION AND GOVERNING LAW

 

  1. The Terms and Conditions of Use shall be governed in accordance with the laws of the Republic of South Africa.

 

  1. The user is deemed to hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes arising out of or in connection with this website, the Terms and Conditions of Use or any further terms and conditions referenced on this website or in any matter related to or in connection herewith.