TERMS AND CONDITIONS FOR USE OF YOUCANDOSCIENCE.CO.ZA
These Terms and Conditions (hereinafter referred to as the “T&C”) govern the use of the You Can Do Science (hereinafter referred to as the “Provider”) website located at the domain name www.youcandoscience.co.za (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.
Updating of 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.
Copyright and Intellectual Property Rights
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.
Limited License to General Users:
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 unauthorised use of the Website and / or the Contents will lead to the termination of your license.
Disclaimer – Exclusions and Limitations of Liability
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.
Privacy, access to and use of information
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 firstname.lastname@example.org. 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 information 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:
Privacy – Unsolicited information
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.
Privacy – Solicited information you give to Provider
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.
Privacy – Promotional Information
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 email@example.com.
Privacy – Lawful Purposes
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.
Privacy – Surveys and Statistical Profiles
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.
Privacy – Casual Surfing
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.
Acceptable Use of the Website
You may not modify, translate, reverse engineer, decompile, disassemble 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 minimise 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 share with any third party, aside from the Provider.
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.
Payment may be made online by credit card or EFT through the PayFast payment system, which payment will be regulated by the terms and conditions of PayFast, as indicated on their website. The Provider takes no responsibility for the use of PayFast and has no access to or control over the information provided to PayFast.
Payments are non-refundable if your use is terminated by any way whatsoever, including by the Provider, Owners or yourself.
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.
Choice of Law
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.
Complaints and disputes
Users may file complaints via the “Contact us” service of the Website or by e-mailing such complaints to firstname.lastname@example.org.
Links to this Website
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:
Copyright and other relevant Intellectual Property rights exist on all text relating to the Provider’s services and the full content of this Website.
This T&C was most recently updated on the 8th January 2014.