Effective on 28 January, 2021.
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.
1.3. 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
5. Use of the Website and/or mobile application
6. Amendments to these Terms and Conditions
7. Availability and Termination
9. Image or Description Disclaimer
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
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
14. Failure to access website or download mobile application
15. Ownership and Copyright
16. Legal Notices
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.