These Terms and Conditions (hereinafter referred to as the “T&C”)
govern the use of the Dynamic Learning (hereinafter referred to as the
“Provider”) website located at the domain name https://dynamic-learning.learnworlds.com/
(hereinafter referred to as the “Website”).
Your access to and use of this Website is conditional on your acceptance of and
compliance with these T&C, notices and disclaimers contained on this page
and elsewhere on this Website, or as may be communicated from time to time and
as is referred to hereinafter.
By accessing and using this Website, you agree to be bound by the T&C and
you are deemed to have read, understood and agreed to the T&C.
If you do not wish to be bound by these T&C, you may not access, display,
use, download, and / or otherwise copy or distribute the Content obtained from
or contained in the Website.
In addition, and if you do not agree to the T&C of this Website, you must
leave the site immediately, as further use will bind you to these terms and
conditions.
The Provider reserves the right to revise, amend, modify, update, add to
or remove from portions of or the whole of the T&C from time to time.
Changes to the T&C will become effective upon such changes being posted to
this Website. It is your obligation to periodically check the T&C at the
Website for any such changes or updates. Your continued use of this Website
following the posting of changes or updates will be considered notice of your
acceptance to abide by and be bound by the T&C, including such changes or
updates.
The Provider provides certain information on the Website. Content
currently or anticipated to be displayed on this Website is provided by the
Provider, its affiliates and / or subsidiary, or any other third party owners
of such content, and includes but is not limited to Educational Works, 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, belong to the Provider, its affiliates or
subsidiary, or any third party owners of such rights (“the Owners”), and the
Content is protected by South African and international copyright laws.
The Provider reserves the right to make any changes to the Website, the
Content, or to products and / or services offered through the Website at any
time and without notice.
All rights in and to the Content is reserved and retained by the Owners. Except
as specified in the T&C, you are 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.
A
General User is defined to be a learner who uses this site for personal use to
learn, revise or reinforce Grade 7 - 12 Mathematics.
Other
Users, such as Teachers or Tutors, must first get special permission to
use the website. To get such permission and what the cost will be, please
contact the Provider at hello@dlmaths.com
The Provider grants you, subject to the further terms of the T&C, a
non-exclusive, non-transferable, limited and revocable right of access,
display, use and download of the current and future Content of the Website for
personal use only.
This Website and the Content may not be reproduced, duplicated, copied, resold,
visited or otherwise exploited for any purpose, commercial or otherwise,
without the express prior written consent of the Provider.
The license does not allow you 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 you and / or
another merchant.
You may not frame nor use framing technologies to enclose the Website or the
Content nor any part thereof without the express written consent of Provider.
The Provider and the Owners, their affiliates or subsidiaries reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel
subscriptions in their sole discretion.
Any unauthorized use of the Website and / or the Contents will lead to the
termination of your license.The information on this website is provided on an “as is” basis.
To the fullest extent permitted by law, the provider:
a) 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 and the Provider,
Owners, suppliers, employees, directors, partners, affiliates and agents shall
not be liable for any damage, or loss or liability of any nature incurred by
whoever as a result of any action or omission, and
b) excludes all representations and warranties relating to
the Website and its contents or which is or may be provided by any affiliates
or any other third party, including in relation to any inaccuracies or
omissions in this Website and / or the Provider or Owners’ literature; and
c) excludes all liability for damages, loss of business or
profits (whether or not the loss of such profits was foreseeable) which arose
in the normal course of things whether or not you have advised the Provider of
the possibility of such potential loss, damages caused to your computer,
computer software, systems and programs and the data thereon or any other
direct or indirect consequential and incidental damages;
d) The Provider is certain that this website, if used
correctly, will be beneficial to the user. However, the Provider does not
guarantee that use of the Website will result in an improvement in the user’s
result, mathematical or otherwise;
e) The Provider and / or Owners make no warranty or
representation as to the availability, accuracy or completeness of the Content,
or any third-party content accessible via an Internet link. Neither the
Provider nor any holding company, affiliate or subsidiary of the Provider or
Owners, 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 the
Provider is expressly advised thereof;
f) While the Provider takes all reasonable steps to operate
the Website 24 hours a day, seven days a week, subject to routine maintenance,
site updates and circumstances outside of its control, the Provider cannot be
held liable if for any reason the Website is unavailable at any time or for any
period of time. Access to the Website may be suspended temporarily or
permanently without notice;
g) The Provider does not exclude or restrict liability for
fraudulent misrepresentations or for death or personal injury resulting from
the Provider’s negligence.
The Provider therefore exclude all representations, warranties, conditions and
other terms which but for these T&C may have effect in relation to the
Website. The above exclusions and limitations apply only to the extent
permitted by law. None of your statutory rights as a consumer are
affected.
You hereby indemnify the
Provider from any claim for damages (including but not limited to consequential
damages and damages based on pure economic loss) which is based on any actions
or omissions which is committed by the Provider’s agents, employees and
representatives and / or your use of the Website, other than as is stated
herein.
The Provider respects your privacy and cares how information about you
is used and shared. The Provider understands its responsibility in this
regard and assures you that it will take every reasonable effort to manage your
information carefully, securely and sensibly.
The Provider receives various types of information (“the Information”) from
Users who access the Website, including personal information as detailed in the
Promotion of Access to Information Act (“PAIA”), Act 2 of 2000 (hereinafter
referred to “Personal Information”).
The Provider may electronically collect, store and use Personal Information,
including names, surnames, billing addresses, telephone numbers, email
addresses, IP addresses, and grades. The Provider endeavours to treat Personal
Information received by Provider accordingly. Whenever the User is of the
opinion that the Provider fails to comply with its obligation in this regard,
the User shall contact the Provider by sending an email to hello@dlmaths.com The
Provider will review the User’s representations made by email and, if within
the Provider’s sole and absolute discretion advisable, take corrective action
and in any event within 10 working days respond to the User informing him / her
about corrective actions taken, if any.
Despite such undertaking, it is possible for Internet-based communications to
be intercepted. Without the use of encryption, the Internet is not a secure
medium and privacy cannot be ensured. Internet e-mail is vulnerable to
interception and forging. The Owners will not be responsible for any damages
you or any third party may suffer as a result of the transmission of
confidential or disclosed lormation that you make to the Owners and/or
Provider through the Internet, or that you expressly or implicitly authorise
the Owners to make, or for any errors or any changes made to any transmitted
information. To ensure acquaintance with and awareness of the privacy measures
and polices of Provider, the User is urged to take care to read and understand
the underlying privacy clauses incorporated in these Terms and Conditions:
If you post unsolicited content or other information (“the Information”)
to the Website, and unless otherwise indicated, then you grant to the Owners a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such Information throughout the world in
any media.
You grant to the Owners the right to use the name that you submit in connection
with such Information, if the Owners so choose.
You warrant that you own or otherwise control all of the rights to the
Information that you post; that the Information is accurate; that by the supply
of the Information to the Provider, you do not violate this Policy and do not
infringe the rights of any person or entity; and that you indemnify the Owners
for all claims resulting from the receipt by the Provider of the Information
you supply to it.
The Provider reserves the right but not the obligation to monitor and edit or
remove any Information, where posted to public pages. The Provider takes no
responsibility, and assumes no liability for any Information posted by you or
any third party.
The Provider requires certain Personal Information necessary to process
transactions if you require any of Provider’s products or services. The
Provider receives and stores all Information, including Personal Information
which you enter on the Website or give to Provider, in any other way. You may
choose not to provide certain Personal Information, but that may limit the
services or products that you may wish to obtain from the Provider.
The Provider provides its products and services in conjunction with its
affiliates and subsidiaries. In this regard and unless specifically restricted
by you from the license below, you hereby and when entering into the specific
transactions in question expressly grant in writing to the Owners and the
Provider a non-exclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such Information
throughout the world in any media for any purpose whatsoever.
Any of your Information that is required by affiliates and subsidiaries to give
effect to transactions that you choose to enter into is shared with those
entities.
Our terms of use are payment in full in advance, which will allow the
User access to the Website for a period of one, three, six, nine or twelve
months, depending on the option chosen. The period of access begins on receipt
of payment. This payment covers the grade you have registered for.
Payment may be made online by credit card or EFT through the PayFast payment
system ( Or Shopify), which payment will be regulated by the terms and
conditions of PayFast/Shopify, as indicated on their website. The
Provider takes no responsibility for the use of PayFast/Shopify and has no
access to or control over the information provided to PayFast or any other payment
gateway.
Payments are non-refundable if your use is terminated by any way whatsoever,
including by the Provider, Owners or yourself.
The Provider aspires to provide first-class service to its customers,
which necessitates the Provider providing information to you regarding new
services or special offers. In each instance, you are provided an opportunity
to opt-out of such information circulars. For more information, please send an
email to hello@dlmaths.com
When the Provider is served with due legal process requiring the
delivery of Personal Information, it has the legal duty to abide by that
demand, and will do so. The Provider may also impart Personal Information if
permitted or required to do so by law.
The Provider understands that efficiency and customer care translates to good service. The Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, the Provider will inform you how the information gathered will be used, and will provide you with the opportunity to opt-out from such surveys.
Notwithstanding the foregoing, the Provider may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
You may visit the Website without providing any personal information.
You accordingly hereby grant express written permission for the Website servers
in such instances collecting 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.
The Provider uses this information to determine use of the Website, and to
improve Content thereon. The Provider assumes no obligation to protect this
information, and may copy, distribute or otherwise use such information without
limitation.
You may
not modify, translate, reverse engineer, de compile, disassemble, download or
create derivative works of the Website or otherwise attempt to defeat, avoid,
by-pass, remove, deactivate or otherwise circumvent any security mechanism.
Should you become aware of any threat to the security of the Website, you will
inform the Provider immediately and take appropriate steps to minimize any
damages that may occur if appropriate.
You agree that your username and password will be used for personal use only
and not be disclosed to or shared with any third party, aside from the
Provider.
You
further agree to log out once you have completed using the website.
Sharing or disclosing your username and password will lead to the immediate
termination of your subscription.
Failure of either Party to insist upon strict performance of any
provisions of the T&C or any Agreement or the failure of either Party to
exercise any right or remedy to which it is entitled to shall not constitute a
waiver thereof and shall not cause a diminution of the obligations under this
or any other Agreement. No waiver of any of the provisions of this or any
Agreement shall be effective unless it is expressly stated to be such and
signed by both parties.
Unless otherwise stated, the services featured on this Website are only
meant for use within the Republic of South Africa, or in relation to postings
from the Republic of South Africa. The User is solely responsible for
evaluating the fitness for a particular purpose of any downloads, programs and
text available through this Website. Redistribution or republication of
any part of this site or its content is prohibited, including such by training
or other similar or any other means, without the express written consent of the
Provider. The Provider does not warrant that the service from this
Website will be uninterrupted, timely or error free, although it is provided to
the best of its ability. By using this service you hereby indemnify this
Provider, Owners, its employees, agents and affiliates against any loss or
damage, in whatever manner, howsoever caused.
This Website is controlled, operated and administered by Provider within
the Republic of South Africa. The Providers make no representation that the
Content is appropriate or available for use in the locations or countries from
where you access the Website. The User may not use this Website in
violation of South African laws and regulations.
Access to the Website from territories or countries where the Content is
illegal is prohibited. If the User accesses this Website from locations
outside of South Africa, the User is responsible for compliance with all local
laws.
The T&C and use of the Website shall be governed by the laws of the Republic
of South Africa, and the User consents to the jurisdiction of the Cape Town
High Court in the event of any dispute. By accessing and using this
Website and the services provided thereon you consent to the T&C and to the
exclusive jurisdiction of the South African courts in all disputes arising out
of such access.
If any of the provisions of the T&C are found by a court of competent
jurisdiction to be invalid or unenforceable for any reason whatsoever, that
provision shall be enforced to the maximum extent permissible so as to give
effect to the intent of the T&C, and such portion found to be unenforceable
will be severed from the rest of the T&C and the remainder of the T&C
shall continue in full force and effect.
The T&C constitutes the entire agreement between the Provider and the User
with regard to the use of the Content and this Website.
Failure of the Provider to enforce any of the provisions set out in the T&C
or failure to exercise any option to terminate, shall not be construed as a
waiver of such provisions and shall not affect the validity of the T&C, or
the right thereafter to enforce each and every provision thereof.
Users may file complaints via the “Contact us” service of the Website or
by e-mailing such complaints to hello@dlmaths.com
The User may not create a link to any page of this Website without the
prior written consent of the Provider, which consent will not unreasonably be
withheld. If you do create a link to a page of this website you do so at
your own risk and the exclusions and limitations set out above will apply to
the User’s use of this website by linking to it.
The T&C constitutes the entire agreement between the parties hereto
relating to the Website and, save as otherwise provided for herein, no
amendment, alteration, addition, variation or consensual cancellation will be
of any force or effect unless reduced to writing and signed by both parties
hereto or placed on the Website as described herein.
In the event that you need to contact the Provider for purposes related to the
T&C, please use the following:
Email: hello@dlmaths.com
© (Dynamic Learning)
Company name: DL Academy
Registration number: 2014/162658/07
Copyright and other
relevant Intellectual Property rights exist on all text relating to the
Provider’s services and the full content of this Website.
