We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Using this Site following the posting of changes to these terms indicates that you accept them as changed. Welcome to www.studychamp.co.za (the “Site”). This Site is owned and operated by StudyChamp. (“StudyChamp,” “we,” or “us”). Please feel free to browse this Site, read and print information, and participate in our community, subject to these terms and conditions.
1. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
1.1 FULL NAME AND LEGAL STATUS OF WEBSITE OWNER
1.2 TELEPHONE NUMBER
1.3 WEBSITE ADDRESS
1.4 EMAIL ADDRESS
1.5 MEMBERSHIP OF SELF-REGULATORY BODIES
1.6 CODE OF CONDUCT
1.7 REGISTRATION NUMBER
1.8 OFFICE BEARERS
1.9 PLACE OF REGISTRATION
Republic of South Africa
1.10 GOODS AND SERVICES
Downloads, miscellaneous services
1.11 PRICE OF GOODS AND SERVICES
Any costs levied in respect of Services are detailed on the relevant pages.
1.12 MANNER OF PAYMENT
Through a payment aggregator ("PayFast")
1.13 TERMS OF AGREEMENT
The terms of agreement are contained in this document.
1.14 TIME OF DISPATCH OF GOODS/DELIVERY OF SERVICES
Dispatch and delivery are immediate.
1.15 MANNER IN WHICH CONSUMERS MAY ACCESS RECORDS OF TRANSACTIONS
This may be accessed via PayFast – www.payfast.co.za
1.16 RETURN, EXCHANGE AND REFUND POLICY
No exchanges, returns or refunds are allowed.
1.17 ALTERNATIVE DISPUTE RESOLUTION
All disputes relating to or arising from the Website, Service, Forum or this Agreement shall be subject to arbitration. Such arbitration shall be conducted in Johannesburg, in English, and in accordance with the relevant legislation as well as the rules of the Arbitration Foundation of South Africa (www.arbitration.co.za). The ruling of the arbitrator shall be final. This clause shall not affect any rights to claim urgent and/or interim relief.
Tel number: +2783 458 8732 or firstname.lastname@example.org
1.19 SECURITY PROCEDURES
Security is achieved via authentication and encryption protocols.
Access is also controlled via username and password.
For the purposes of this clause, "personal information" shall be defined as set out in the Promotion of Access to Information Act, No. 2 of 2000.
StudyChamp may electronically collect, store, and/or use the following information pertaining to the User:
a. name and surname;
b. street address;
c. postal address;
e. telephone numbers;
f. browsing habits and click patterns;
g. email addresses; and/or
h. IP addresses.
i. You agree that by using the StudyChamp application, you consent to being provided information, and/or being contacted by StudyChamp in respect of products that may be of interest to you;
StudyChamp may collect, store, and/or use the abovementioned information for the following purposes:
i. dispatching information requested by a User to such User;
ii. facilitate the Services;
iii. validate the identity of the User;
iv. enable access by the User to restricted content; and/or
v. compiling statistical information about the User's browsing habits click-patterns, and access to the Site.
2. Use of the Site and its Content
The contents of this Site, including the text, graphics, images, information, visitor chat, and other materials contained on this Site (“Content”) are for general informational purposes only. Such Content is provided on a blind-basis, without any knowledge as to your identity, jurisdiction, medical condition or specific circumstances.
Content provided by StudyChamp and various authors and publishers’ providing such information does not constitute the rendering of medical, health, legal or other professional advice or services.
Reliance on any Content provided on this Site, whether by us, other authors or publishers, or visitors to this Site are solely at your own risk. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Site. There may be delays, omissions, or inaccuracies in Content contained in this Site. We may alter, suspend, or discontinue this Site, or any content in it, at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
3. StudyChamps’ Proprietary Rights
The Site and its Content are the property of StudyChamp and its licensors, and are protected from unauthorized copying and dissemination by both national and international copyright law, trademark law, international conventions and other intellectual property laws. For example, and without limitation, “www.studychamp.co.za” and the StudyChamp logo, images and other related marks are trademarks and/or service marks of StudyChamp. All other trademarks, service marks, and logos used on our Sites are the trademarks, service marks, or logos of their respective owners.
No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorizes you to view and print one copy per child or person of any Content that is available on this Site (such as articles or papers), subject to the following conditions:
a. Such Content may be used solely for noncommercial, informational purposes. Educational use in classrooms, tutoring groups, etc. is permitted.
b. Such Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information or documents displayed on this Site, through the use of framing or therwise,
except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of StudyChamp or such third party that may own the trademark or copyright of material displayed on this Site. If you are interested in reprinting, republishing or distributing content from StudyChamp, please contact us email@example.com.
4. User Conduct
You may not republish, upload, post, transmit or distribute Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and may subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
d. Post, disseminate, or transmit any Content that is or which we consider, in our sole discretion, unlawful, harassing, defamatory, abusive, threatening, vulgar, obscene, pornographic, harmful, tortuous, libelous, racist, violent or otherwise objectionable;
e. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
f. Use the Site for any unlawful or illegal purpose or in violation of any of the rules herein;
g. Display material that exploits children under 18 years of age;
h. Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
i. Express or imply that any statements you make are endorsed by us, without our prior written consent;
j. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
k. “Frame” or “mirror” any part of the Site without our prior written authorization;
l. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
m. Harvest or collect information about visitors to the Site without their express consent.
n. Post, disseminate, or transmit any Content that infringes or violates the copyright, trademark, trade secret, patent, or other proprietary right of any other third party, or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
o. Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
p. Post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
q. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
r. Post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
s. Promote, solicit or participate in multi-level marketing or pyramid schemes;
t. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
u. Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
v. Electronically stalk or otherwise harass another user;
w. Collect or store personal data about other users;
x. Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
5. User Content and Correspondence
You acknowledge that StudyChamp does not generally prescreen Content, but that StudyChamp and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Site. StudyChamp reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, StudyChamp and its designees will have the right to remove any Content that violates the Agreement or that StudyChamp considers, in its sole discretion, objectionable, whether for legal or for other reasons.
You acknowledge and agree that StudyChamp may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with
legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of StudyChamp, its users, and the public.
By posting Content to the Site or by transmitting Content using the Site, you
(a) represent and warrant to StudyChamp that you have all necessary permission to post or transmit Content; and (b) grant to StudyChamp a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further agree to waive, to the extent legally permissible, any moral rights in any jurisdictions relating to such Content.
Bulletin boards and chat rooms contain the opinions and views of other users.
StudyChamp is not responsible for the accuracy of any messages on this Site.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to StudyChamp regarding the Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights.
StudyChamp will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. Furthermore, StudyChamp is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to StudyChamp, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
6. Printable Workbook/Worksheet/Test Purchases
Additionally, Printable Workbook/Worksheet or Test purchases are subject to the following legal conditions:
- Printable Workbook/Worksheets/Test purchasers (including teachers, homeschooling families, parents and other caregivers) may print or copy each purchased Printable Workbook/Worksheet/Test as needed for their students/children but may not be passed on in any form whatsoever to any third parties.
- All sales of StudyChamp Printable Workbooks/Worksheets/Tests are final and refunds of purchase price will not be given. Purchased Printable Workbooks/Worksheets/Tests will be available to logged in StudyChamp members for the lifespan of the email received after purchase.
- All content within StudyChamp Printable Workbooks/Worksheets/Tests is copyrighted. No portion of a Printable Workbook/Worksheet/Test may be:
- Displayed in whole or in part within a frame on another website.
- Included or distributed in a print publication (paid or free).
- Added to any other server.· Resold in any manner.
- StudyChamp will take legal action against any entity taking any of the above actions without express written permission from StudyChamp.
- StudyChamp Printable Workbook/Worksheets/Test titles and descriptions only, may be displayed on other websites. Links referring to StudyChamp Printable Workbook/Worksheets/Test titles must direct users to www.studychamp.co.za.
- Under no circumstance can a user of another website download a Printable Workbook/Worksheet/Test from that website.
- Prices for Printable Workbooks and related subscriptions may change at any time. StudyChamp will not provide price protection or refunds in the event of a price reduction or promotional offering.
- Any questions or issues involving the purchase or download of StudyChamp Printable Workbooks should be directed to: firstname.lastname@example.org
7. Features and Links to Other Sites
Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have
reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may
become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
Any sweepstakes, contests, and games that are accessible through our Sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. The Site may contain links to other Internet Sites or resources. We neither control nor endorse such other Sites, nor have we reviewed or approved any content that appears on such other Sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
8. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, STUDYCHAMP DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE UNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STUDYCHAMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF STUDYCHAMP OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED HEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although
we attempt to ensure the integrity of our Sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us
at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
9. Limitation of Liability
NEITHER STUDYCHAMP, NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH STUDYCHAMP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO STUDYCHAMP FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE
IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of this Agreement; (b) your use of the Site; or (c) your violation of the rights of any third party.
You understand and agree that StudyChamp may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties.
This Agreement, together with all StudyChamp policies referred to herein, constitutes the entire agreement between you and StudyChamp relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. This Agreement and the relationship between you and StudyChamp are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its principles of conflict of laws. You and StudyChamp agree to submit to the personal and exclusive jurisdiction of Alternative Dispute Resolution as set out in clause 1.17 above, and waive any jurisdictional, venue, or inconvenient
forum objections to such Arbitration. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect
the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.