1. Acceptance of Terms
Our Terms govern your use of our website and online services. By accessing, browsing and using this Site including any services or downloading any Site Materials, you accept and are bound by these Terms. If you do not agree to them you are not permitted to access or use this Site.
We may at our sole discretion change, modify or revise the terms and conditions. These will be published on the website, and from that date on, users will be bound by the new terms and conditions.
“Administrative User” means a designated person in your company or organisation who will control your Individual Account and access to the Site and Service.
“Organizational License Agreement” means any such contractual documentation agreed between StudyRightZA, you and/or an authorized representative of your organization, which defines the overall scope, and duration of the Service and Payment for that Service.
“The Content” means content on the Site which includes without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, copyright and other intellectual property rights, trademarks and logos owned by us or any third parties.
“Service” the provision by us to you of access to the Content through our website.
“Site” the website and its content situated at www. StudyRightZA.com
“Site Materials” means all information, data, documents (e.g. press releases, datasheets, FAQs etc.), communications, downloads, files, text, images, videos, webcasts, tools, resources, products or other content made available or enabled via this Site by Us or any third party.
“Subscription Charge” means any and all payments made by an individual or organization to StudyRightZA for the Service.
“you”, “your”, “yourself”, “Individual User” you, the Service end-user.
3. Who can use the site
As an individual user wishing to access and use the Site for personal and non-commercial use (the “Individual User”) you may set up a Site account and receive a personal password via your Administrative User.
4. Control of site accounts
You agree that you are responsible for the activity that occurs on your Individual Account and agree to keep your password secure.
You must notify us immediately of any breach of security or unauthorised use of your account. You agree that we will not be liable for any losses you may suffer due to unauthorized use of your Individual Account, but you may be liable for any losses that others or we may suffer due to such unauthorised use.
The Administrative User shall have full control over your Individual Account. This means that the Administrative User shall have the right to:
Terminate, close or alter your Individual Account at any time.
To request and receive computer and Site use information related to your Individual Account.
Further you agree that any data related to your Individual Account may be accessed, collected and delivered to us and/or your Administrative User and we may in our absolute discretion refuse permission to any Administrative User or Individual user to access or use the Site.
5. Permitted uses of the site
You may only access the Site in accordance with these Terms and only for personal and non-commercial use. In addition to the general restrictions in these Terms, the following conditions apply to your use of the Site and its content.
You may only access the Site if you agree:
not to share or divulge your password to anyone other than your Administrative User;
not to distribute, copy, reproduce, plagiarize, transmit, broadcast, display, sell, resell, licence or otherwise exploit the Site or any part of it in anyway whatsoever;
not to alter or modify any part of the Site;
not to use the Site for any commercial purposes including:
sale of access to the Site;
use of the Site or Site Materials or related services for the purpose of gaining advertising or subscription revenue;
the sale of advertising on the Site
not to use the Site and Site Material in any way that harms StudyRightZA or our affiliates, sub-licensees or distributors;
not to use the Site for any unlawful or immoral purposes or for posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise objectionable material of any kind;
not to damage, disable, overburden, or impair the Site or interfere with anyone’s use and enjoyment of the Site;
not to use any unauthorised third-party software or in any way interfere with the technology on the Site;
not to upload files that contain viruses, worms, corrupted files or other kind of destructive material;
not to damage, disable or impair the operation of the Site or attempt to gain unauthorised access to the Site or networks connected to it, by hacking or by any other such means.
You, your Administrative User or an authorized person at your organization must pay the charge for the Service upon commencement of use of the site, as per License Agreement. Any failure to pay the full amount or in any agreed timeframe as per such Organizational License Agreement may result in Suspension, Cancellation or Termination of the Service as per Clause 9.
7. Intellectual Property
The Content on this Site is protected by copyright, trademark law and other intellectual property rights. Though we grant you access to the Site and its Content, you accept and acknowledge that all copyright, trademarks and other intellectual property rights in the Site, Content and Service shall remain vested in our licensors or us.
8. Your posted content
You understand and acknowledge that we do not control or endorse the posted content that you and others may post on the Site. We do not claim ownership of any feedback or content that you or other users may post on to the Site. However by posting or providing content you hereby grant us and other users of the Site free, unlimited, worldwide and perpetual permission:
to publish your name and the content posted
to use, modify, copy, distribute and display the content in connection with the Site and service.
You also grant users of the Site the right to grant these rights to other users.
You represent and warrant that you have all necessary rights to grant the rights outlined above and that the use and publication of material posted by you on the Site shall not breach any law or any third party rights. You warrant and represent that your posted content shall not be illegal, defamatory or immoral. You acknowledge and agree that we shall not pay you for any content that you post on the Site.
By uploading or sending any material to us, whilst you retain ownership of such material and may continue to use that content outside the Site, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in that content.
We reserve the right at our discretion and without any obligation to remove, delete, modify, edit , exploit or otherwise deal with any material or content uploaded, or otherwise submitted by you to the Site including without limitation video, audio, still photographs and artwork, links, embedded content, data, information, software, text and personal information. All rights not expressly granted are reserved to us.
9. Suspension, Cancellation and Termination
We shall have the right to immediately terminate these Terms and/or suspend your or your Administrative User’s access to the Site, portion of the Site, and Service, without notice, should any of the terms be breached. Further we may cancel or suspend your access to the Site if during your registration to access the Site, you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete. In such circumstances we have the right to suspend or terminate your access to the Site.
Data. Upon termination or cancellation of the Service by you or us for any reason, we may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.
10. Limits of the service
You agree that we may establish limits on the Service. For example, we may limit:
the number of days the Service will retain e-mail messages, message board postings and other content that we, you or other users may post or provide,
the number and size of messages or material that you may send, post or receive,
the maximum storage space on our servers available to you,
the number of users on your company’s Administrative Account or any associated accounts,
the number of Individual Accounts to which an Administrative User may subscribe to via the Subscription Charge,
how long we retain an inactive Administrative or Individual Account, which we define as one which is not signed in to for an extended period of time.
If you exceed the published service limits, we reserve the right to cancel your Individual or Administrative Account preventing access to the Site.
11. Third party links and other websites
This Site may contain links to third party websites or resources, which are not controlled by us. You acknowledge and agree that we are not responsible for the availability or any content on third party websites. Further you acknowledge and agree that we are not liable for any damages resulting from any use or transactions related to those websites. Any link to other website does not amount to an endorsement by us of that website or the content on that website.
12. Changes to these terms and the site
We reserve the right to change these Terms, the Site and the Service from time to time along with your continued use of the Site and the Service. Any changes will be published on the website. You shall be deemed to accept any change to the Terms. You accept and acknowledge that it is your responsibility to check whether the Terms have changed. If you do not agree with any change to the Terms, then you must immediately stop using the Site and Service.
13. Registration Data
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”). If you fail to do so, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or Service (see clause 9 above).
14. Limitation of Liability
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms or the use or performance of the Service or the Site, including without limitation, damage for loss of business, loss or reputation, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
You agree to fully indemnify and hold StudyRightZA our officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless and defend us against all claims, liability, damages, costs and expenses, including legal fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any rights of any third party based on or related to your use of the Site, Service or Content.
16. No Warranty
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. We make no guarantee about the reliability, accuracy or timeliness of the Site, or the Service. We make no warranties or representations, whether express or implied, in relation to the Site or the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose.
You acknowledge that:
a. it is technically impossible to provide the Service free of faults and that we do not undertake to do so;
b. faults may lead to temporary unavailability of the Service;
c. the results that may be obtained from the use of the Service may include inaccuracies or typographical errors;
d. the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the Content, for example software, is supplied to us by third parties and we offer no warranty in relation to such Content.
We will not be liable to you for failures, defects or delays in the Service in any circumstances, including without limitation where:
a. you have provided incorrect information in connection with the Site or Service;
b. you accidentally erase an element of the Service provided to you; or
c. you fail to comply with the instructions for use of the Site or Service as explained by us.
17. Entire Agreement
The Terms constitute the entire agreement between you and us and supersedes all previous agreements or versions of these Terms. You also may be subject to additional terms and conditions that may apply when you use the Site and Service, or those of any third parties.
Each provision of these Terms excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these Terms.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
20. Choice of Law and Jurisdiction
These Terms shall be governed by the laws of South Africa whose courts shall have exclusive jurisdiction.