Terms and Conditions
1. AGREEMENT
1.1. The use of this website and its services will be governed by these terms and conditions. These terms and conditions constitute an agreement between yourself and Towermaths;
1.2. Towermaths may amend these terms and conditions from time to time. By accessing the website you are bound to the terms and conditions published on the website at the time of any visit to or usage of the site;
1.3. A certificate signed by the administrator responsible for maintaining the website will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.
2. CORRECTNESS OF SUPPLIED INFORMATION
2.1. As all interactions occur via the Website which constitutes a virtual environment, you hereby permit and allow Towermaths and its online partners to rely on the fact that:
2.1.1. All your given information and contact details are correct;
2.1.2. You are legally capable of concluding any transaction on this site, and have given your permission to Towermaths for your minor child to interact on the website;
2.1.3. You have read, understood and accepted these terms and conditions.
2.2. Towermaths is entitled to rely on instructions that appear to originate from you, even if they come from someone else impersonating you, and unless you notify Towermaths immediately of becoming aware of any irregularities.
3. NATURE OF INFORMATION ON THE SITE
All material on the website merely constitutes a suggested approach to mathematical solutions, unless otherwise expressly stated, and is not an offer to enter into any transaction.
4. TERMINATING REGISTRATION OR USE OF THE WEBSITE OR SERVICE
Towermaths may in its sole discretion and at any time discontinue providing the website and other services, with or without notice to you.
5. LINKED THIRD-PARTY WEBSITE AND THIRD-PARTY CONTENT
5.1. Towermaths, its contractors, agents, owners and employees are not responsible for the contract or privacy policies of any websites to which it may link and is solely responsible for the information contained on its website;
5.2. Towermaths shall not be liable in any manner whatsoever for any loss or damage that you or your minor child may suffer as a result of the use of any linked access from this website.
6. Access to the services, content and content downloads available from the Towermaths website are classified as electronic transactions in terms of the Electronic Communications & Transactions Act 25 of 2002.
Towermaths has the duty to disclose the following information:
6.1. The full name and legal status of the website owner : Towermaths (Pty) Ltd, Registration number 2012/183133/07;
6.2. Street address : Diaz Boulevard West Mosselbay
6.3. Physical Address for the receipt of legal service Diaz Boulevard West Diaz Office Park Nr. 19
6.4. Main business : Private tutoring services, for the purposes of improving academic results and general academic competences of tutees, especially in the field of mathematics;
6.5. The website address of the Towermaths website is www.towermaths.co.za;
6.6. The official email address of the Towermaths website is info@towermaths.com
6.7. Codes of conduct to which the Towermaths website subscribes : Code of Conduct and Code of IT Ethics;
6.8. Copies of the manual published in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000:
6.9. Directors : A Filmater , K Lubbinge, H Van der Merwe, SN Van Vuuren;
6.10. Alternative dispute resolution : Subject to urgent and/or interim relief, all disputes regarding:
6.10.1. Access to Towermaths;
6.10.2. The inability to access the Towermaths website;
6.10.3. The services and content available from the Towermaths website; or
6.10.4. These terms and conditions;
shall be referred to in arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa, and such arbitration proceedings shall be conducted in English, in Mossel Bay. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client;
6.11. Users may lodge complaints concerning the Towermaths website through the contact information provided on this website. Users hereby assign the copyright in such complaints to Towermaths, and understand that Towermaths may use, disclose and publish such complaints, and is furthermore under no legal duty to answer, resolve or address such complaints.
7. DISCLAIMER
7.1. All the information appearing on these pages is provided without any representation or warranty whatsoever, whether expressed or implied and no liability pertaining thereto will attach to Towermaths;
7.2. Towermaths accepts no liability whatsoever for any loss whether direct, indirect or consequential, arising from information provided on these pages or any actions or transactions resulting therefrom;
7.3. Towermaths does not warrant that the functions and classes provided with this website will be uninterrupted or error free or that the website or the server that makes it available is free from viruses or other harmful components
7.4. The Towermaths website is supplied on a general basis and has not been compiled to meet the user’s individual requirements. It is the responsibility of the user to satisfy himself/herself, prior to entering into this agreement with Towermaths, that the content available from and through the Towermaths website meets the user’s individual requirements and is compatible with the user’s computer hardware and software;
7.5. Information, ideas and opinions expressed on the Towermaths website should not be regarded as professional advice or the official opinion of Towermaths, and users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Towermaths website;
7.6. Towermaths does not make any warranties or representation that content and services available from Towermaths website will in all cases be true, correct or free from any errors. Towermaths shall take all reasonable steps to ensure the quality and accuracy available from Towermaths website remains of the highest standard. Users are encouraged to report incorrect and untrue information to Towermaths.
8. GOVERNING LAW
The terms and conditions pertaining to any services appearing on these pages or sites shall be governed and interpreted in accordance with the laws of the Republic of South Africa. By the entering into this agreement you consent to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
9. PRIVACY POLICY
9.1. Towermaths shall take all reasonable steps to protect the personal information of users, and for the purpose of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
9.2. Towermaths may electronically collect, store and use, amongst other, the following information of users:
9.2.1. Name and surname;
9.2.2. Contact details;
9.2.3. Email address; and
9.2.4. Electronic updates and videos of the users of the programmes, which can be utilized in programmes, advertising or marketing material. Signature to this agreement gives consent to Towermaths to be able to reproduce such images and use them in their own discretion.
9.3. Towermaths collects, stores and uses the abovementioned information for the following purposes:
9.3.1. Communicate requested information to the user;
9.3.2. Registration and/or authentication of users; and
9.3.3. To complete non-personal statistical information about browsing habits and access to the Towermaths website.
9.3.4. Advertising and marketing of the product to potential users both in South Africa and abroad.
9.4. Information detailed above is collected either electronically by using cookies, or is provided voluntarily by the user;
9.5. Towermaths may collect, maintain, save, share, disclose and sell any information collected from users, subject to the following provisions:
9.5.1. Towermaths may disclose personal information from users as the user has consented thereto by affixing his signature to this agreement;
9.5.2. Towermaths shall disclose information without the user’s consent only through due legal process, and
9.5.3. Towermaths may compile, use and share any information collected and the users signature to this agreement gives permission to Towermaths to do so.
9.6. Towermaths owns and retains all rights to non-personal statistical information collected and compiled by Towermaths;
9.7. When completing a form on Towermaths website in order to query some aspect of the services, the information is gathered to allow Towermaths to process your request and provide you with the information requested by you. Towermaths or our tutors and sub-contractors may contact you by post, email, telephone or instant messaging, to ask you for your feedback and comments on our services. We will also use your information to provide you with information about special features of our website or any other service or products.
9.8. By submitting your information, you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes in notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.
10. COPYRIGHT
10.1. Towermaths retains all copyright in all material including logo’s and other graphics that form part of this website and in and to its programmes. Any use of all materials on this website not expressly authorized is strictly prohibited and constitutes unlawful infringement of the intellectual property;
10.2. Towermaths will not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage resulting therefrom.
11. TERMINATION
Towermaths may in its sole discretion terminate your access to its website, cancel your subscription or exercise any other remedy available if it believes that your conduct is in breach with or inconsistent with these terms and conditions.
Towermaths will deny access to any user should the monthly subscription not be received.
