Terms and Conditions
- By using EduPass, you are agreeing to the following terms and conditions.
- These terms and conditions are valid, binding, and enforceable against all persons that access and/or utilize any of the material provided.
- If any provision of these terms and conditions is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these terms and conditions and the remaining provisions shall be enforced.
- This Agreement constitutes the whole agreement between the Parties relating to the subject matter hereof.
- For the purposes of this Agreement, “We”, “our”, “us” and “Site” refer to the EduPass. “You”, “your” and “clients” refers to the other party to the contract formed by the acceptance of these Terms and Conditions.
- We reserve the right to update and change the Terms and Conditions from time to time without notice.
- Any new features or products that we add to the platform shall be subject to these Terms and Conditions.
- Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with the changes, you can cancel your membership with us without further obligation.
- To register and use our website, you must provide your full legal name, a valid email address, and any other information reasonably required to complete the signup process.
- You are always responsible for maintaining the security of your membership. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; and for all content accessed and activity that occurs under your membership.
- We reserve the right at any time and from time to time to modify, temporarily or permanently, our app (or any part thereof) with or without notice.
- Our rewards and loyalty partners have their own Terms and Conditions which are available on their website.
- We may terminate your membership at any time upon notice should you violate these Terms of Service or otherwise fail to comply with your obligations hereunder. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any EduPass staff, partners, sponsors, and associates will result in immediate membership termination.
- By subscribing to the Service, you agree to be bound by our Fair Usage Policy.
- The Service is provided on an individual user basis. This means that all Content provided is only licensed for the exclusive and private use of the user name in the sign-up process. Content may only be downloaded for personal use. You are prohibited from copying, distributing, or adapting the content on this Site in any way to any third parties.
- You will not at any time copy, licence, distribute, sell or otherwise market the Site, or any part thereof, or authorise any third party to do any of the following:
a) record the content on this Site through any means, such as the use of a camera or with screen- sharing or screen-grabbing software;
b) remove any branding, copyright notices or credits from the Site;
c) use the Site, or any part thereof, for any purpose or do any act which would or might infringe the Site, its staff, partners and parent company;
d) modify another website or service to falsely imply that it is associated in any way with the Site.
- Your use of the Site is at your sole risk. The Site and its service is provided on an “as is” and “as available” basis.
- We do not warrant that:
a) the Site and its service and content will meet your specific requirements,
b) the Site will be uninterrupted, timely, secure, or error-free,
c) the results that may be obtained from the use of the Site will be accurate or reliable,
d) the content will be accurate or reliable,
e) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and
f) any errors in the Site and its content will be corrected.
- You expressly acknowledge and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if We have been advised of the possibility of such damages), resulting from:
a) the use or the inability to use the Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Site;
c) unauthorized access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the service;
e) or any other matter relating to the Site, its content and/or service.
- Support is only available via email.
- You understand that We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site.
- Accordingly, you understand that the technical processing and transmission from or to the Site, including your content, involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
- The information provided herein is being supplied in good faith based on information which we believe but do not guarantee to be accurate or complete: however, we are not responsible for errors or omissions that may occur. This information is subject to change without notice. In no event will EduPass be liable to you or anyone else for any decision made or action taken by you or anyone else utilising the information provided within this application. Permission to reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited unless prior notice is obtained from the appropriate EduPass copyright holder.”
- You herein indemnify and agree:
a) that We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from errors we have made.
- The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and the site and govern your use of the Site, superseding any prior agreements between you and the Site (including, but not limited to, any prior versions of the Terms and Conditions).
PROTECTION OF PERSONAL INFORMATION
27.1 The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’).
27.2 The consumer hereby authorises EduPass or any other authorised member of the management team to use, review and process any personal information provided to EduPass and to use same in the manner that EduPass sees fit.
27.3 The persons signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their personal information, and hereby give their consent to EduPass to collect, process and distribute relevant personal information where EduPass is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to EduPass sharing same.
27.4 The persons signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmission and use by EduPass.
27.5 The consumer hereby consents to EduPass obtaining, using and disclosing his/her personal information, when necessary, as follows:
a) To provide the materials to the consumer and otherwise perform our obligations and enforce our rights under this Agreement;
(b) To use the information provided to inform the student about EduPass other programmes, products or services that may be of interest to him/her;
(c) To share the consumer’s information with companies in our group, (associated companies and third parties) to enable them to inform the consumer of other products or services that may be of interest to him/her; and
(d) To hand over to attorneys and debt collection agencies, if the consumer is in breach of this agreement.
27.6. The consumer hereby acknowledges and agrees to EduPass using and disclosing his/her personal information and the transmission of such information across borders and were either directly or indirectly required to do so in terms of such laws or orders of the court, or where requested to do so by certain Government organisations or for record-keeping and statistical purposes.