Effective on 28 January, 2021.

Important Notice

Your attention is drawn to these Terms and Conditions because they should be read through carefully and attention should be paid thereto.

1. Introduction

1.1. The URL for the website of Edukite Apps (Pty) Limited having registration number 2018/613913/07 (hereinafter referred to as “Edukite”) is https://edukite.co.za/ (hereinafter referred to as the “website”). Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products, services or software that Edukite may provide.

1.2. Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by you.

1.3. Where use of another website or domain has re-routed you to this page, you shall be bound by the Terms and Conditions contained herein.

1.4. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which

1.4.1. may limit the risk or liability of Edukite; and/or

1.4.2. may create risk or liability for the user; and/or

1.4.3. may compel the user to indemnify Edukite or a third party; and/or

1.4.4. serves as an acknowledgement, by the user, of a fact.

1.5. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request an explanation from Edukite before you accept the Terms and Conditions, continue using the website, mobile application or use any products, devices or software of Edukite.

1.6. The website is owned and operated by Edukite (alternatively referred to using the terms as “we”, “us” and “our”).

1.7. The website is used to market and showcase the features of Edukite’s mobile application and software owned and distributed by Edukite and its affiliates.

1.8. These Terms and Conditions govern the use of Edukite’s mobile application and the use of the website.

1.9. These Terms and Conditions are binding and enforceable against every person that accesses or uses the website (“you”, “your” or “user”), including any person (natural or juristic) who purchases or makes use of any software developed or distributed by Edukite or uses the Edukite mobile application.

1.9.1. By using the website you acknowledge that you have read these Terms and Conditions; alternatively

1.9.2. Through signing up and making use of the mobile application, you are presumed to have read and understood these Terms and Conditions and are accordingly bound to the contents hereof.

1.10. These Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (hereinafter the “CPA”), however not all users will necessarily be afforded protection in terms of the CPA, subject to the exceptions and exclusions contained therein.

1.11. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or circumvent any rights or obligations, as the case may be, created for either you as the user or Edukite.

1.12. Edukite does not allow third party sellers to list, market or sell products on the website or through the mobile application.

1.13. Information, ideas and opinions expressed on the website should not be regarded as professional advice or the official opinion of Edukite and users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on the website.

2. Business of Edukite

2.1. Edukite is a supplier of educational software and platforms for learners from Grades R to 12 which is offered through a variety of platforms including the website and mobile application referenced herein.

3. Property Rights

3.1. All content on the website and mobile application is the property of Edukite and may not under any circumstances be used or distributed without the prior written consent of Edukite save where otherwise agreed or contemplated in these terms and conditions.

4. No automatic contract creation

4.1. Edukite will not be bound to any allegations that a contract or legally binding arrangement has been entered into between it and you arising from communications addressed to us on the Website.
4.2. Edukite reserve the right to insist upon written contracts as and when deemed appropriate within its discretion.
4.3. As such, any information contained on the Website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

5. Use of the Website and/or mobile application

5.1. By using the website and/or mobile application, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, you may use the website/mobile application only with the guidance and supervision of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
5.2. In light of the target audience of Edukite’s platforms being children, it remains the responsibility of the parent or legal guardian to control and maintain access to Edukite’s platforms and Edukite shall in no way be liable for any loss, damage or harm occasioned by a parent or legal guardian’s failure to observe the conditions as contained herein.
5.3. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the website/mobile application. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website/mobile application or the information contained herein, without the prior written consent from an authorised Edukite representative.
5.4. Any person that delivers or attempts to deliver any damaging code to the website/application or attempts to gain unauthorised access to any page on the website/mobile application shall be prosecuted, and civil damages shall be claimed in the event that Edukite suffers any damage or loss.
5.5. You may not use the website or mobile application to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
5.6. You may not in any way display, publish, copy, print, post or otherwise use the website and/or mobile application and/or the information contained therein without the express prior written consent of an authorised Edukite representative.
5.7. Failure to register as a user on the website does not exempt the user from being bound by these Terms and Conditions, however certain provisions may not be applicable to such users as the case may be.

6. Amendments to these Terms and Conditions

6.1. Edukite may unilaterally amend these Terms and Conditions, at any point in time. It is the user’s responsibility to regularly acquaint himself/herself/itself with these Terms and Conditions and ensure that the user is satisfied with the amendments. Should you not be satisfied, you should refrain from placing any further orders on, or in any other way use, the website, mobile application, products or platforms of Edukite.
6.2. Any amendment will only apply to the user after the amendment is displayed on the website. If you use the website, products or any other platforms provided by Edukite after such amended Terms and Conditions have been displayed on the website, you will be deemed to have accepted such changes and consent to being bound to such changes.

7. Availability and Termination

7.1. Edukite endeavours to maintain the availability of the website and mobile application, except during scheduled maintenance periods, and are entitled to discontinue providing the website or any part thereof with or without notice to you.
7.2. Edukite may, in its sole discretion terminate, suspend and modify the website/mobile application, with or without notice to you. You, as the user, agree that Edukite will not be liable to you in the event that it chooses to suspend, modify or terminate the website.
7.3. If you fail to comply with your obligations under these Terms and Conditions, lead to a suspension and/or termination of your access to the website and/or mobile application without any prejudice to any claims for damages or otherwise that Edukite may have against you.
7.4. Edukite is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the website or mobile application, to blacklist you on its database (including suspending or terminating your access to the website) and/or to cancel any order/transaction concluded between you and Edukite, in whole or in part, on notice to you.
7.5. Where applicable, Edukite shall only be liable to refund monies already paid by you for which no value has been received, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

8. Hyperlinks

8.1. Hyperlinks to non-Edukite sites may appear on the website, and Edukite do not necessarily agree with, edit or sponsor the content of such websites and will not be liable for the accuracy thereof.
8.2. Edukite will not be liable under any circumstances for the content of such other webpages or any damages or loss suffered as a result of the use thereof.

9. Image or Description Disclaimer

9.1. Although Edukite endeavours to accurately describe and/or depict each product on the website or on any other advertising platform, some descriptions or photographs may be of a generic nature and not specific to any particular product.
9.2. All products shown are for display purposes only and product specifications may differ from the actual products. All product, product specifications and data are subject to change without notification to improve reliability, function, design or otherwise.

10. Website and mobile application Disclaimer

10.1. The use of the website/mobile application is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website/mobile application or reliance on any information on the website/mobile application.

10.2. Whilst Edukite takes reasonable measures to ensure that the content of the website/mobile application is accurate and complete, Edukite makes no express, implied or tacit representations or warranties, as to the quality, timeliness, operation, integrity, availability or functionality of the website/mobile application or as to the accuracy, completeness or reliability of any information on the website/mobile application. If any such representations or warranties are made by Edukite representatives without authorisation, Edukite shall not be bound thereby.

10.3. Edukite will not be held liable for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website/mobile application and/or any content therein unless otherwise provided by law.

10.4. Although products or content displayed on the website/mobile application may, under certain specifically defined circumstances, be under warranty, the website/mobile application itself and all information provided on the website/mobile application is provided “as is” without warranty of any kind, either express or tacit, inter alia the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

10.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Edukite also makes no express or tacit warranty or representation, that the information or files available on the website/mobile application or web portal are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to compromise, corrupt, destroy, disturb, disable, harm, jeopardise or otherwise impede in any manner the functioning, stability, security functionality or content of your computer system, computer network, mobile phone, tablet, desktop computer, hardware or software in any way.

10.5.1. As the user, you accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to compromise, corrupt, destroy, disturb, disable, harm, jeopardise or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Edukite, its employees, agents or authorised representatives;

10.5.2. Edukite thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website/mobile application or any other technological platform offered by Edukite.

11. Limitation of Liability

11.1. While every effort is made to ensure that all information displayed is accurate, Edukite cannot be held liable for any inaccurate information published and/or any incorrect pricing displayed on the website/mobile application or any other advertising medium, save where such liability arises from the gross negligence or wilful misconduct of Edukite, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
11.2. Edukite shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website/mobile application or the content contained in the website/mobile application or your inability to use the website/mobile application, and/or unlawful activity on the website and/or any linked third party website.
11.3. You hereby indemnify Edukite against any and all loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the website/mobile application.

12. Improper and unlawful use or modification of products

12.1. Should a user use the products for an improper, fraudulent or unlawful purpose or alter any products purchased from or developed by Edukite, the user indemnifies Edukite against any and all liability and claims on behalf of the user or any third party for loss that may arise as a result of the user’s or any third party’s actions.

13. Mobile Application

13.1. In conjunction with the products marketed and displayed by Edukite on its website, we offer the option to make use of an Edukite mobile application: Edukite Learning App (referred to herein as “the mobile application”) which can be downloaded from Google Play Store.
13.2. The mobile application shall include a variety of interactive features including, but not limited to videos, lessons, simulations and testing options. Some content may be downloaded for offline consumption at a later stage.
13.3. The mobile application shall be limited to a maximum of 2 devices per unique user profile.
13.4. The term “user” as included herein includes any person, natural or juristic, who downloads the mobile application.
13.5. The mobile application shall allow for both subscribed and free users. A variety of options and subscriptions will be available to users. Payment for the services shall be managed through Google Play Subscriptions.
13.6. As a condition of use of the mobile application, the user undertakes not to use these mechanisms for any purpose that is unlawful or prohibited by these Terms and Conditions or any other purpose not reasonably intended by Edukite.
13.7. Edukite in no way guarantee compatibility of the mobile application with a user’s mobile device and it is the user’s responsibility to ensure the device is compatible with the intended mobile device.
13.8. Edukite offers users a variety of payment options which will be published and processed through the Google Play Store.
13.9. Access to the mobile application and the data thereon may within the discretion of Edukite be restricted in the event that a user fails to timeously make payment to Edukite.
13.10. Should Edukite become aware or suspect that a user is using the mobile application for an unlawful or improper use, Edukite may within its discretion suspend a user’s access to the mobile application features pending an investigation after which a user’s access to the mobile application may be terminated. Edukite are indemnified against any and all loss that a user may suffer as a result of the suspension or termination of a user’s access to the mobile application.
13.11. While all efforts will be made to ensure that push notifications and alerts from and SMS messages regarding the mobile application are sent to users, Edukite can in no way guarantee that these notifications will be delivered to users. The user indemnifies Edukite against any and all claims for loss or damage that may arise as a result of these notifications not being delivered for any reason whatsoever.
13.12. Should the mobile application be unavailable or offline for any reason, Edukite is indemnified against any and all claims for loss on behalf of the user or third parties.
13.13. The user’s data stored by Edukite shall be stored and managed in terms of the laws of the Republic of South Africa.
13.14. By using the mobile application, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, you may use the mobile application only with the guidance and supervision of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
13.15. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the mobile application. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the mobile application or the information contained therein.
13.16. Any person that delivers or attempts to deliver any damaging code to the mobile application or attempts to gain unauthorised access shall be prosecuted, and civil damages shall be claimed in the event that Edukite suffers any damage or loss.
13.17. You may not use the mobile application or web portal to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

14. Failure to access website or download mobile application

14.1. No user is obligated or required to make use of the website or to download the mobile application. It is, however, recommended by Edukite that all users make use of these platforms to enjoy the full service offering of Edukite.
14.2. Should a user elect not to download the mobile application or access the website after purchase of Edukite’s products, the user is presumed to have read these Terms and Conditions (as amended) and is exempted from relying on any defence alleging lack of knowledge or awareness of the contents thereof.

15. Ownership and Copyright

15.1. The contents of the website and mobile application, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated on the website or mobile application are protected by law, including but not limited to copyright and trade mark law.
15.2. The website content and mobile application content is the property of Edukite, its affiliates and/or its advertisers and/or sponsors and/or is licensed to Edukite.
15.3. You will not under any circumstances acquire any right, title or interest in or to the website, the mobile application or web portal or the contents of these platforms.
15.4. Any use, distribution or reproduction of the website content ,mobile application content and/or web portal content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
15.5. Where any of the website content, mobile application content or web portal content has been licensed to Edukite or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

16. Legal Notices

16.1. Edukite hereby selects 1st Floor, 292 Surrey Avenue, Randburg, Johannesburg, Gauteng 2194, South Africa and admin@edukite.co.za as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Edukite may change this address from time to time by updating the Terms and Conditions.
16.2. Notices must be sent either by hand or email and must be in English. All notices sent –

16.2.1. by hand will be deemed to have been received on the date of delivery; and

16.2.2. by email will be deemed to have been received on the date indicated in the “Read Receipt” notification. All email communications addressed to us must make use of the “read receipt” function to serve as proof that an email has been received.

17. Governing Law & Jurisdiction

17.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
17.2. Your use of the website, technological platforms, software or mobile application of Edukite will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
17.3. In the event of any dispute arising between you and Edukite, you hereby consent to the jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
17.4. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA (if applicable).

18. Edukite’s Information

For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), Edukite Apps (Pty) Limited’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website or accompanying the products:
18.1. Full name: Edukite Apps (Pty) Limited a private company duly incorporated and registered in accordance with the company laws of South Africa.
18.2. Registration Number:2018/613913/07
18.3. Main business: Educational software development and distribution
18.4. Physical address for receipt of legal service:1st Floor, 292 Surrey Avenue, Randburg, Johannesburg, Gauteng 2194, South Africa
18.5. Phone number: +27 10 005 5457
18.6. Email address: admin@edukite.co.za

19. General

19.1. Edukite may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or mobile application or the user’s right to use the website or mobile application or access any of its contents subject to us processing any orders already made by you or providing records of stored data to you.
19.2. As the user you may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party without prior written consent from Edukite.
19.3. Any failure on the part of Edukite to enforce any right in terms hereof shall not constitute a waiver of such right.
19.4. If any term or condition contained herein is declared invalid for any reason whatsoever, the remaining terms and conditions will remain in full force and effect.
19.5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
19.6. These Terms and Conditions contain the whole agreement between you and Edukite and no other warranty or undertaking is valid, unless contained in this document between the parties, or specifically included herein by reference.

20. Complaints

20.1. If you have a complaint about the services, products or mobile application provided by Edukite or require information regarding our internal complaints-handling process, please contact us via email at support@edukite.co.za or call +27 10 005 5457.