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Terms of Use

Website Terms of Use

INTRODUCTION

These Terms of Use (“Terms”) govern your use of the Script’Ed website, located at www.script-ed.co.za, any mobile applications, and services (“Site”) provided by Script’Ed (Pty) Ltd (“Script’Ed”). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

The Site is located within the Republic of South Africa.

 

GENERAL TERMS

Script’Ed provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Script’Ed and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Script’Ed may amend these terms and conditions from time to time. By accessing the Site you are bound to the terms and conditions published on the Site at the time of any visit to and/or usage of the site.

 

SERVICES

The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.

Students are responsible for selecting the right Tutor for their needs. In making hiring decisions, Students should review and investigate each Tutor’s self-reported credentials, education, and experience, as well as reviews from other Students. All tutoring sessions should be supervised by a responsible adult.

 

YOUR OBLIGATIONS AND CONDUCT

In consideration of your use of the Site, you agree: (a) that you are of legal age and have legal capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Script’Ed, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.

You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Script’Ed or other users of the Site; (b) includes unauthorised disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Script’Ed reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) you have not: (i) been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud or any offense that involves endangering the safety of others; (ii) been convicted of a crime of any nature, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) been and/or are currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) and are not currently out on bail or pending trial, relating to any charge of any kind, including without limitation sexual, child abuse or domestic violence offenses.

You hereby authorise Script’Ed to verify the above representations and warranties by you and you acknowledge and agree that Script’Ed shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Script’Ed may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

Notwithstanding the previous paragraph, you understand and agree that Script’Ed does not conduct background checks of any User. You also understand and agree that Script’Ed neither confirms nor denies the validity of information provided by Users and that Script’Ed does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that it is your sole responsibility to conduct any and all background and reference checks regarding other Users.

Script’Ed expressly disclaims, and you expressly release Script’Ed from, any and all liability whatsoever for any, claims, losses and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

 

TERMS OF TRANSACTING BUSINESS

You understand and agree to abide by Script’Ed’s Tutor and Student payment and terms policies. You agree that you are willing to pay all costs associated with the services through Script’Ed. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and Script’Ed.

 

CHOICE OF LAW

This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Gauteng High Court in the event of any dispute.

 

ACCURACY OF INFORMATION

While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.

Script’Ed shall not be responsible for the contract or privacy policies of any websites to which this website may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.

 

TERMINATING REGISTRATION OR USE OF THE WEBSITE OR SERVICES

Script’Ed may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Script’Ed believes that your conduct is in breach with or inconsistent with these terms and conditions.

 

COPYRIGHT AND USE OF MATERIAL

Script’Ed retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.

In terms of a limited licence, granted for general use, Script’Ed grants the User, subject to these Term, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.

This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of Script’Ed.

Script’Ed will not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.

 

 

YOUR PRIVACY

Script’Ed respects the privacy of all visitors to the Site. You may use the Site without providing any personal information. However, so that Script’Ed can regularly assess and improve the Site, it may collect information on the number of visits to the site and pages viewed. Script’Ed has a separate Privacy Policy which is linked to the Site.

 

 

EXCLUSION OF LIABILITY

You expressly agree that the use of the Site is entirely at your own risk. The Site and all its contents are provided on an “as is” basis, and Script’Ed makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site. Script’Ed does not warrant that the Site’s functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.

The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Script’Ed has no control over the acts or omissions of any User and that Script’Ed makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Script’Ed is not responsible for the performance or conduct, whether online or offline, of any User of the Site. Script’Ed expressly disclaims any and all liability whatsoever for any losses, claims, and/or damages arising from and/or in any way related to the Site.

Users of the Site transact between themselves. Script’Ed will not be involved in any User interactions. Script’Ed is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after User interaction.

You understand and agree that Script’Ed has no control over the acts or omissions of any User on or off the Site and that Script’Ed makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Script’Ed is not responsible for the performance or conduct, whether on or off the Site, of any User. Script’Ed expressly disclaims, and each User expressly releases Script’Ed from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.

Script’Ed shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the website and/or its content. In no event shall Script’Ed’s total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the amount paid by you to Script’Ed.

Script’Ed, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Script’Ed is expressly advised thereof.

You will indemnify Script’Ed, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from (a) your use of the Site; (b) breach of these terms of use; (c) disputes with or between other Users; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (g) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site.

 

 

GENERAL DISCLAIMER

You agree to access and use the Site entirely at your own risk. You agree that Script’Ed can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify Script’Ed of any irregularities, to act on any instruction purporting to originate from you. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Script’Ed’s safety policy, when interacting with other Users.

 

  • The full name and legal status of the website owner is Script’Ed (Pty) Ltd (“Script’Ed”)
  • Script’Ed’s physical address and telephone number is 15 Fagan Street, Alberton, 1449, Gauteng and +27792864099
  • Script’Ed’s website is script-ed.co.za and its email address is info@script-ed.co.za
  • Script’Ed’s registration number is 2018 / 536199 / 07 and it was registered in South Africa
  • Physical address for receipt of legal service:- 15 Fagan Street, Alberton, 1449, Gauteng
  • Main business: Arranging and managing private tutoring services
  • Management: Director: Byron Pretorius
  • The costs associated with the access and use of the Script’Ed website are free.
  • Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
    • access to the Script’Ed website;
    • the inability to access the Script’Ed website;
    • the services and content available from the Script’Ed website; or
    • these terms and conditions;

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. 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.

  • Cooling off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling off provisions of the ECT Act do not apply to this website; and
  • Users may lodge complaints concerning the Script’Ed website through the “Contact Us” service provided on this website.

ACCEPTABLE USE POLICY

The Acceptable Use Policy (“AUP”) form part of the Agreement between the users seeking help and Script’Ed and is binding on users accessing Script’Ed’s services. This sets out in detail what forms of conduct Script’Ed regards as unacceptable on the part of its Students and the steps which Script’Ed may take in response to unacceptable use of its services. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

UNACCEPTABLE USE

Script’Ed’s services may only be used for lawful purposes and activities. Script’Ed prohibits any use of its Services including the transmission, storage and distribution of any material or content using Script’Ed’s network that violates any law or regulation of the Republic of South Africa (“the Republic”). This includes, but is not limited to:

  • Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
  • Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
  • Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
  • Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
  • Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with Script’Ed on behalf of another client without their consent.
  • Any violation of the exchange control laws of the Republic of South Africa.
  • Any activity that results in the sale, transmission or distribution of pirated or illegal software.

INTERNATIONAL USE

Where any user resides outside of the Republic of South Africa, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Script’Ed will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Script’Ed’s resources, including the provisioning of all personal identifiable data.

INSTANT HELP QUESTION THRESHOLDS

The Instant-Help package has a threshold number of questions that may be asked per calender month. This number may vary with seasonality corresponding to the educational calender year. Should a user exceed this threshold the three (3) month rolling average of the number of questions asked by the user will be taken into consideration. In the event that this rolling average theshold is exceeded Script’Ed will exercise sole discretion when deciding whether or not to enforce any throttling of the package.

PROCEDURE FOLLOWING BREACH OF THE AUP

Script’Ed reserves the right to exercise it’s sole and reasonably-exercised discretion when determining what constitutes abuse of the system. Following a breack Script’Ed shall take any of the following steps:

  • In the case of users: warn the user, suspend the user account and/or cancel any upcoming lesson the user may be attending or tutoring.
  • Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
  • Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP.
  • Institute civil or criminal proceedings.
  • Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
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