Published on 23 May 2023
This Maskew Miller Learning website is published "as is" without any warranty of any kind, express or implied, as to the operation of our site, the accuracy of the information or the products or services referred to on the website and we shall not be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies in, or any omissions from, the information which it may contain.
Copyright in these pages is owned by Maskew Miller Learning (Proprietary) Limited or its licensors, except where otherwise indicated by a third party's proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners.
Content and information provided by third parties other than Maskew Miller Learning is identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness.
We accept no responsibility for content on any website belonging to a company other than (Proprietary) Limited or its subsidiaries to which a hypertext link from this site exists, or for use of personal data by the third party operating such a website. Any such links are provided "as is" with no warranty, express or implied, for the information provided within them.
1. INFORMATION ABOUT US
This site is operated by Maskew Miller Learning (Proprietary) Limited and its affiliates, subsidiaries and divisions. We are registered in Cape Town, South Africa under South African Company Number 2009/022455/07 and with our registered office at 4th Floor, Auto Atlantic, Corner Hertzog Boulevard and Heerengracht, Cape Town 8001, South Africa.
2. ACCESSING OUR SITE
2.2. You may access most areas of our site without registering your details with us. Certain areas of the site may only open to you if you register. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.3. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We may change or delete the content or any features at any time, in any way, for any or no reason. We will not be liable if for any reason our site is unavailable at any time or for any period. We may in exceptional circumstances cease to publish the site, the site content or cease to provide subscription services. If we do so, then we will have no further obligation to you. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
2.5. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2.6. You may not use or transact on this site or submit any content or information (including without limitation any personal information) unless you are 18 (eighteen) years of age or older or, if you are younger than 18 years, unless you have the necessary consent and/or assistance of your parent or legal guardian.
3. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
4. OUR LIABILITY
4.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
4.1.1. All conditions, warranties and other terms which might otherwise be implied by law.
4.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
184.108.40.206. loss of income or revenue;
220.127.116.11. loss of business;
18.104.22.168. loss of profits or contracts;
22.214.171.124. loss of anticipated savings;
126.96.36.199. loss of data;
188.8.131.52. loss of goodwill;
184.108.40.206. wasted management or office time; and
220.127.116.11. for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
4.2. Without limiting the generality of the foregoing, and to the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these terms of website use or of our sites must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be deemed to have prescribed.
5. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
5.2. On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable registration or subscription pages. We are entitled to rely on any information you provide to us.
5.3. You are responsible for all use of our site made by you or anyone else using your account or identity, and for preventing unauthorised use of your account or identity. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your account or identity or your payment information, you must notify us immediately. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
5.4. If you provide us with an email address that will result in any messages we may send to you being sent to you via a network or device operated or owned by a third party (e.g. your employer or school) then you warrant that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
6. TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms and conditions of sale as set out in clause 7 below. In this regard, please note that any sales of goods or services formed through our site are geographically limited to South Africa only unless expressly otherwise indicated.
7. TERMS AND CONDITIONS OF SALE
7.1 Sale of Goods
7.1.2. In respect of the sale of electronic or digital books, subscriptions and/or other digital products (“eProducts”) via our Site, the following terms shall apply:
18.104.22.168. An eProduct purchased by you shall be deemed delivered to you once you have been provided with access to such eProduct (whether through the supply of a link, access code, login details or otherwise).
22.214.171.124. eProducts may be used on up to a maximum of 4 (four) devices, which means 2 (two) personal computer and 2 (two) mobile devices only, unless further limited by the product description of the relevant eProduct or any terms and conditions applicable to any platform/reader through which the eProduct is accessed.
126.96.36.199. eProducts may be used solely for individual, personal, non-commercial and non-transferable use, and may not be shared, distributed or hosted online.
188.8.131.52. Subject to the restriction on total number of devices, eProducts may only be re-downloaded if previously purchased by you for (i) the duration of the license period or (ii) as long as the eProduct is available for sale, whichever is shorter.
184.108.40.206. You may not cut, paste, data scrape or forward the eProducts or any part thereof. Printing of any pages or other parts of eProducts are not permitted, unless otherwise specified in the product description of the relevant eProduct.
220.127.116.11. In order to access any eProduct purchased, you must register on the relevant eProduct platform and/or reader through which the eProducts is made available (as described in the product description of the relevant eProduct) and accept any terms and conditions and privacy policies applicable in respect of such platform and/or reader. In the event of any conflict between the terms and conditions of the relevant platform/reader and these Terms and Conditions of Sale, these Terms and Conditions of Sale shall, unless expressly otherwise stated herein, take precedence and shall prevail.
18.104.22.168. All rights to eProducts, eProduct content, images, covers and trademarks associated therewith belong to the publishers, authors and/or licensors thereof and are governed by copyright law and the terms and conditions established by the rights owners of the eProducts.
7.1.3. Once you tick the box indicating acceptance of the Purchase Terms or place an order for the Goods, the Purchase Terms, which includes without limitation these Terms and Conditions of Sale, form a legally-binding agreement between you and us. We will confirm all your purchase orders with you via email. You may contact us via email at email@example.com should you have any queries relating to your transaction.
7.2.1. Payment can be made via the site through Payfast. For a step-by-step guide on using PayFast, you will be directed to the payment portal, which will assist you in using PayFast for purposes of paying for your Goods. Where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is acquired.
7.2.2. Once you accept these Terms and Conditions of Sale, you will be directed to the Payfast site for payment of the applicable purchase price for the Goods.
7.3. Cancellation and refund
7.3.1. You are entitled to cancel your order for the Goods within 10 (ten) business days of the Goods having been delivered to you. In such an event -
22.214.171.124. you will receive a full refund of the purchase price within 30 (thirty) days of the date of cancelling this agreement;
126.96.36.199. you undertake not to utilise the Goods or access any eProducts (refer to clause 7.5 below in this regard);
188.8.131.52. your agreement of purchase will be deemed to have been cancelled; and
184.108.40.206. you will be liable for the direct costs of returning the Goods, such as courier and shipping charges.
7.3.2. We will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 (thirty) days of having informed you that we are not able to deliver the Goods during the Delivery Period.
7.4.1. Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 6 (six) months after delivery. If the Goods are not the same as what was ordered this must be reported within 24 (twenty-four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty-four) hours of delivery.
7.4.2. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you courier it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method.
7.4.3. If you are returning Goods via courier, please package it carefully so that it does not become damaged en route. Please include the Returns Request Number and a copy of your original invoice with any return. In respect of e-Products, you undertake to delete the downloaded content from the devices to which you have downloaded it to.
7.5. eProduct Transactions
7.5.1. In addition to the Terms and Conditions of Sale set out in this clause 7, please note that, unless an eProduct is defective, damaged or if the eProduct supplied is not the same product as what was ordered (as envisaged in clause 7.4.1 above), eProduct purchases are non-returnable after the earlier of (a) you downloading the eProduct to any device or first accessing the eProduct online or (b) 10 (ten) business days from the day the eProduct has been delivered to you.
8. THIRD PARTIES AND EXTERNAL LINKS
8.1. Certain services provided through our site, including without limitation the PayFast payment portals (clause 220.127.116.11) and the eProduct platforms and/or readers (as envisaged in clause 18.104.22.168 above) may be operated or owned by one or more third parties that are not related to or affiliated with Maskew Miller Learning and such third parties may be based in, or their services operated from, a country other than South Africa. When accessing such services, you will by subject to, and will be required to accept, such third party’s terms and conditions and privacy policies applicable to the services provided by them.
8.2. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. JURISDICTION AND APPLICABLE LAW
9.1. These Purchase Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by the laws of the Republic of South Africa.
9.2. Any dispute or claim shall be subject to the exclusive jurisdiction of the courts of South Africa, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
9.3. We make no representation that the site or the content on the site is appropriate or available for use in any particular location. If you choose to access our site you do so of your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
10. EVENTS OUTSIDE OUR CONTROL
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract, including without limitation a contract for the supply of goods or services, that is caused by events outside our reasonable control ("Force Majeure Event").
10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1. Strikes, lock-outs or other industrial action.
10.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
10.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
10.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2.5. Impossibility of the use of public or private telecommunications networks.
10.2.6. Power outages or unavailability of electricity.
10.2.7. The acts, decrees, legislation, regulations or restrictions of any government.
10.3. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. WRITTEN COMMUNICATIONS AND NOTICES
11.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. GENERAL PROVISIONS
12.1. Variations: We may revise these Purchase Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Purchase Terms may also be superseded by provisions or notices published elsewhere on our site.
12.2. Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.3. Waiver: If we fail to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.4. Interpretation: Headings in these Purchase Terms shall not affect their interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
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