1.1. This website can be accessed at www.studentsummaries.co.za (the “Website”) and is owned and operated by Vyver Brands (Pty) Ltd (Registration Nr. 2016 / 208145 / 07) (“Student Summaries”, “we”, “us” “our” and “owner”).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the contractual relationship between the parties concerning study notes and videos (“Goods”), including, without limitation, the ordering, sale and delivery of Goods, and the accessing of, and registering on, the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“Registered User”).
1.4. By using the Website and by clicking on the “Register Now”/ “Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.5. The Website enables you to shop online for an extensive range of notes and summaries (“Notes”) and enables you to gain access to videos which contains explanations and information (“Videos”), applicable to various Modules.
1.6. Wherever these Terms and Conditions refer to “Notes” such reference shall include a reference to the Videos as well, unless the context clearly indicate otherwise.
2.1. “Consumer” means consumer as defined in section 1 of the CPA;
2.2. “CPA” means Consumer Protection Act, 68 of 2008;
2.3. “Goods” means, respectively, the Notes and the Videos for sale on the Website;
2.4. “Module” means any of the various modules offered by the University of Stellenbosch;
2.5. “Notes” means extensive range of notes and summaries for sale on the Website for various Modules;
2.6. “Personal Information” means personal information as defined in POPI;
2.7. “POPI” means the Protection of Personal Information Act, No 4 of 2013;
2.8. “Registered Users” means those users who have completed Registration on the Website;
2.9. “Registration” means registration of a user on the Website by clicking on the “Register Now”/ “Sign up” button, filling in the information required, submitting the information via the Website and receiving a confirmation of registration e-mail;
2.10. “Returns Policy” means the policy and procedures for the return or exchange of any Goods, as set out in clause 18;
2.11. “Student Summaries” means the Website, owned and operated by Vyver Brands (Pty) Ltd (Registration Nr. 2016 / 208145 / 07);
2.12. “Videos” means the videos available for purchase on the Website for various Modules;
2.13. “Summariser” means any person who submits Notes to be sold on the Website and/or whose notes are already sold on the Website;
2.14. “Website” means www.studentsummaries.co.za; and,
2.15. “Website Content” means the contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website.
3. NATURE OF THE GOODS AND TRANSACTION
3.1.1. The Goods for sale on the Website are goods as defined in section 1 of the CPA and the sale and purchase of the Goods are, therefore, subject to the provisions of the CPA.
3.1.2. The Notes are notes and summaries of Modules provided to Student Summaries by individuals who are unrelated to us. The Videos are made by Student Summaries with the help of students who excelled in a relevant Module.
3.1.3. The purpose of the Goods is to be used as study aids for Modules and is in no way intended to be the sole source of information for a Module. Student Summaries does not guarantee that the information contained in the Goods are correct or complete for any Module.
3.2.1. The sale and purchase for Goods occur when Student Summaries accepts an order placed on the Website and payment for such order has been received by us.
3.2.2. Student Summaries will indicate the acceptance of your order by delivering the Notes to you (in accordance with clause 8 below), and only at that point will an agreement of sale between you and Student Summaries come into effect. This is regardless of any communication from Student Summaries stating that your order or payment has been confirmed.
In purchasing the Goods, you understand that there is a risk that the information contained in the Goods might be incorrect or incomplete and that reliance on such information could result in you not achieving a satisfactory mark or desired outcome in a Module.
4. APPLICATION OF TERMS AND CONDITIONS
4.1. These Terms and Conditions apply to users who are Consumers for purposes of the CPA.
4.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
4.2.1. may limit the risk or liability of Student Summaries; and/or
4.2.2. may create risk or liability for the user; and/or
4.2.3. may create liability for the user to indemnify Student Summaries; and/or
4.2.4. serves as an acknowledgement, by the user, of a fact.
4.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
4.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Student Summaries to explain it to you before you accept the Terms and Conditions or continue using the Website.
4.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Student Summaries in terms of the CPA.
4.6. Student Summaries permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
4.7. These Terms and Conditions are divided into the following sections, as follows:
• PART A – ORDERS AND SALES;
• PART C – RETURNS POLICY;
• PART D – INDEMNITY AND NO WARRANTIES;
• PART E – SUMMARISERS AND SUBMITTING SUMMARIES
• PART E – GENERAL LEGAL TERMS.
PART A – ORDERS AND SALES
5. REGISTRATION AND USE OF THE WEBSITE
5.1. Only Registered Users may order Notes on the Website.
5.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Student Summaries. You will need to use your unique username and password to access the Website in order to purchase Notes.
5.3. You agree and warrant that your username and password shall:
5.3.1. be used for personal use only; and
5.3.2. not be disclosed by you to any third party.
5.4. For security purposes you agree to enter the correct username and password whenever ordering Notes, failing which you will be denied access.
5.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
5.6. You agree to notify Student Summaries immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
5.7. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
5.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
5.9. You agree to indemnify the owner from any liability arising from material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
5.10. You may not in any way display, publish, copy, print, post or otherwise use any information and/or content from the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
6.1. Registered Users may place orders for Notes, which Student Summaries may accept or reject in its discretion (whether or not Student Summaries accepts an order depends on correctness of the information relating to the Notes (including without limitation the price)). Sale occurs on acceptance of the order and receipt of payment or payment authorisation by Student Summaries for the Notes.
6.2. NOTE: Student Summaries will indicate the acceptance of your order by delivering the Notes to you, and only at that point will an agreement of sale between you and Student Summaries come into effect (the “Sale”). This is regardless of any communication from Student Summaries stating that your order or payment has been confirmed. Student Summaries will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid in accordance with PART C – RETURNS POLICY below.
6.3. You may cancel the Sale only in accordance with the Returns Policy.
7.1. Student Summaries is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2. Payment can be made for Notes by –
7.2.1. Credit card (using PayFast): where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Notes will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Notes. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.2.2. Direct bank deposit or electronic funds transfer (EFT): if you pay via direct bank deposit or electronic funds transfer, payment must be made within 72 (seventy-two) hours of placing your order. Payment via EFT’s or direct deposits have to be approved manually and can take up to three hours during business hours. After hours and on weekends approval can take up to 24 hours;
7.2.3. Instant EFT via Payfast or iPay;
7.2.4. Cash Vouchers: cash vouchers can be purchased from any of our Voucher Agents. Contact us at email@example.com for more details. The Cash Voucher code can be inserted when checking out your order; and,
7.3. Depending on the payment option you use, the third-party payment gateway may charge a transaction fee which will have to be paid by you over and above the purchase price of the Notes ordered.
7.4. Your full payment record will be available on your account.
8. DELIVERY OF NOTES
8.1. After payment for the Notes is made, a download link will be emailed to the address you used on checkout (“the e-mail”). If you created an account you can also download the summary from your account page.
8.2. The time between payment and the delivery of the Notes will depend on the payment gateway you used. If payment is made via credit card, instant EFT, SnapScan or Bitcoin you should receive the email within a few minutes. If Eft or direct deposit was used, delivery of the Notes will only take place after manual approval in accordance with clause 7.2.2 above
8.3. If you have not received the e-mail within the time limits described above, it is recommended that you check your e-mail box’s spam folder.
8.4. If the e-mail was not received and also does not appear in your spam folder, please contact firstname.lastname@example.org.
8.5. If you have received the download link but the download does not work or fails, make sure that you have an active internet connection. Alternatively, contact email@example.com.
9. ACCESS TO VIDEOS
9.1. After payment for a Video is made, you will be given access to the Video via the Website.
9.2. Videos purchased can only be accessed on the Website and is not downloadable content.
9.3. Any person whose face or voice appears on any of the Videos on the Website gives their consent for such Video to be sold on the Website without them having any claim for compensation thereto.
We shall take all reasonable steps to ensure accuracy of the description and purchase price of Notes on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
11. PROMOTIONAL COUPONS
11.1. Student Summaries may from time to time issue electronic promotional coupons (“Coupons”) for use on the Website towards the purchase of Notes. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
11.2. Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to.
11.3. Coupons are issued electronically in Student Summaries’ sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
11.4. As a general rule, and unless specified otherwise on the specific Coupon itself:
11.4.1. a Coupon can only be used once, with promotional offers on the Website;
11.4.2. only one Coupon can be used per person unless Student Summaries specifies otherwise; and
11.4.3. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
11.5. Coupons cannot be exchanged for cash and are not transferable to any other person.
11.6. If Student Summaries is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
12. RESALE OR DISTRIBUTION OF NOTES AFTER PURCHASE
12.1. The resale or distribution of Notes purchased on the Website is strictly prohibited.
12.2. Should it come under our attention that you sold or distributed Notes purchased on the Website in any way to any third parties which did not purchase such Notes on the Website, you will be liable towards Student Summaries for the full purchase price of each copy of the Notes so sold and/or distributed.
13. POPI COMPLIANCE
Student Summaires undertakes to comply with the provisions, duties and obligations as set out in POPI in respect of the processing of Personal Information.
14.1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
14.2. Should you decide to register as a user on the Website, we may require you to provide us with, and you agree that Student Summaries may collect and store, Personal Information which includes but is not limited to –
14.2.1. your email address; and,
14.2.2. a password.
14.3. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
14.4. Subject to clause 14.5 below, we will not, without your express consent:
14.4.1. use your personal information for any purpose other than as set out below:
18.104.22.168. in relation to the ordering, sale and delivery of Notes;
22.214.171.124. to contact you regarding current or new Notes or services or any other Notes offered by us (unless you have opted out from receiving marketing material from us);
126.96.36.199. to inform you of new features, special offers and promotions offered by us (unless you have opted out from receiving marketing material from us); and
188.8.131.52. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits; or
14.4.2. disclose your personal information to any third party other than to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Notes or when delivering Notes to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
14.5. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
14.6. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information and will deal with your personal information in accordance to the requirements as set out in the Protection of Personal Information Act, Nr. 4 of 2013.
14.7. We will –
14.7.1. treat your personal information as strictly confidential;
14.7.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
14.7.3. provide you with access to your personal information to view and/or update personal details;
14.7.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
14.7.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
14.7.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
14.7.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
14.8. Student Summaries undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Student Summaries reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
14.9. Whilst we will do all things reasonably necessary to protect your right to privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
14.10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Student Summaries, STUDENT SUMMARIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
PART C – RETURNS POLICY
15.1. We want you to be happy with your purchase. If you are not completely satisfied, you can return the Notes to us and we will be happy to do a refund subject to the below terms.
16. MONEY BACK GUARANTEE
16.1. Should you wish to cancel your purchase of Goods, a written request for a refund must be sent to firstname.lastname@example.org within 7 (seven) days of the notes being delivered to you. Full refund will be applicable for purchases cancelled within the 7 (seven) day period.
16.2. Should you cancel a purchase and claim a refund, you may not use, retain a copy or deal with the Goods in any form whatsoever. By cancelling and claiming a refund, but nevertheless retaining a copy of the Goods, you will commit fraud and theft, and will be subject to criminal prosecution.
17. NOT WHAT YOU ORDERED?
17.1. If we accidentally deliver the wrong Notes to you please notify us at email@example.com.
17.2. Once we have validated the Notes sent versus the Notes ordered, we will at your choice either deliver the correct Notes to you as soon as possible or refund you according to these Terms and Conditions.
18. UNSATISFIED WITH YOUR PURCHASE
18.1. If you have received Notes which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of such defect or poor quality, but in any event within 6 months after delivery of the Notes.
18.2. The following circumstances will regard Notes as “defective” or “of poor quality”:
18.2.1. The content is not legible or understandable; or
18.2.2. The content is patently incorrect;
18.2.3. The content is cryptic.
18.3. The following will not be regarded as Notes which are “defective” or of “poor quality”:
18.3.1. If certain content required in a specific academic year after the date provided for the Notes is not contained in the Notes.
18.4. Notes will not be regarded as “defective” merely because an individual has not passed the relevant Module without further proof that such failure was directly caused by reliance on the Notes. Please refer to clause 21.1 and 22 in this regard.
18.5. Once we have inspected the Notes and validated your return, we will refund you in accordance with clause 20.
18.6. Unfortunately, we cannot facilitate returns that fall outside of the 6-month period.
19. RETURNING ONE SET OF NOTES BOUGHT IN A BUNDLE DEAL
If you bought a bundle of Notes and wish to return only one set of Notes from such bundle, the relevant refund will be the proportional cost of the set of Notes in relation to the total cost of the Bundle.
20. METHOD OF REFUND
Please note that standard refunds are done in providing you with credit in the form of a voucher code to be used in future purchases. Cash refunds via EFT will only be done upon specific further request.
PART D – INDEMNITY AND NO WARRANTIES;
21. SUCCESFULL COMPLETION OF A MODULE
21.1. Student Summaries does not guarantee that use of the Notes will be sufficient to pass any Module.
21.2. It is the responsibility of every person using the Notes to ensure that they have the necessary updated information for the relevant Module of the relevant academic year. Student Summaries does not guarantee that the Notes contains the complete information necessary for that Module.
22. FAILING OF ASSESSMENTS
Student Summaries will not be liable if any person using the Notes for a specific Module does not pass any assessment in that Module or obtain a specific required mark.
23.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website or information contained in the Notes.
23.2. Whilst Student Summaries takes reasonable steps to ensure that the content of the Website or contained in the Notes is accurate and complete, Student Summaries makes no representations and gives no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website or to the accuracy, completeness or reliability of any information or content contained in the Notes.
23.3. Student Summaries will not be liable for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
23.4. The Website itself and all information provided on the Website and all Notes for sale on the Website is provided “as is” without warranty of any kind, either express or implied, or non-infringement, as may be allowed in law.
23.5. Any views or statements made or expressed on the Website are not necessarily the views of Student Summaries, its directors, employees and/or agents.
23.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Student Summaries also gives no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Student Summaries, its employees, agents or authorised representatives. Student Summaries thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
PART E – SUMMARISERS AND SUBMISSION SUMMARIES
24.1. These terms and Conditions will apply to Summarisers.
25.1. The Summariser warrants that the Notes which they submitted to be sold on the Website is their own Notes created by themselves.
25.2. The Summariser indemnifies Student Summaries against all liability to any third parties claiming that the Notes which the Summariser submitted is not that of the Summariser or that the Notes which the Summariser provided infringes on any rights of such third parties. The Summariser will be liable for any cost or loss on the part of Student Summaries for any such claim.
25.3. No Notes may be submitted to Student Summaries which contain any content which is defamatory or offensive or which amounts to hate speech or which is otherwise unlawful.
26. PAYMENT TERMS
26.1. Student Summaries will make individual payment arrangements with each Summariser for compensation for the Notes.
PART E – GENERAL LEGAL TERMS
27. CHANGES TO THESE TERMS AND CONDITIONS
27.1. Student Summaries may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
27.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
27.3. The last update to these Terms and Conditions was made 14 May 2018.
28. ELECTRONIC COMMUNICATIONS
29. OWNERSHIP AND COPYRIGHT
29.1. The Website Content is protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Student Summaries, its advertisers and/or sponsors and/or is licensed to Student Summaries.
29.2. You will not acquire any right, title or interest in or to the Website, the Website Content or Notes purchased on the Website.
29.3. Where any of the Website Content or Notes has been licensed to Student Summaries or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
30. LINKED THIRD PARTY WEBSITES
30.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Student Summaries is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
30.2. By linking to Third Party Websites, we do not create or have an affiliation with, or sponsor such websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such Third-Party Websites.
30.3. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
31. LIMITATION OF LIABILITY
31.1. Student Summaries will not be liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Student Summaries, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org.
31.2. STUDENT SUMMARIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
31.3. YOU HEREBY INDEMNIFY STUDENT SUMMARIES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE, ANY NOTES SOLD ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
32. AVAILABILITY AND TERMINATION
32.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
32.2. Student Summaries may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Student Summaries will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
32.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Notes, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
33. GOVERNING LAW AND JURISDICTION
33.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission 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 these Terms and Conditions.
33.2. In the event of any dispute arising between you and Student Summaries, you hereby consent to the non-exclusive jurisdiction of the Magistrates Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
33.3. Nothing in this 33 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
34.1. Student Summaries hereby selects LaunchLab, 11 Hammandshand Road, Stellenbosch, 7600 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Student Summaries may change this address from time to time by updating these Terms and Conditions.
34.2. You hereby select the e-mail specified for your user account as the address at which to receive any formal notice or legal processes in connection with these terms and conditions.
34.3. Notices must be sent either by hand or email and must be in English. All notices sent –
34.3.1. by hand will be deemed to have been received on the date of delivery;
34.3.2. by email will be deemed to have been received at 9h00 on the date following the date on which the e-mail has been sent, provided that no failure of delivery report was received by the sender following the sending of the e-mail.
35. STUDENT SUMMARIES INFORMATION
35.1. For the purposes of the Electronic Communications and Transactions Act, Nr. 25 of 2002, Student Summaries’ information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
35.1.1. Full name: studentsummaries.co.za, a division of Vyver Brands (Pty) Ltd, a private company registered in South Africa with registration number 2016 / 208145 / 07
35.1.2. Main business: Online retailer
35.1.3. Physical address for receipt of legal service (also postal and street address): 1 LaunchLab, 11 Hammandshand Road, Stellenbosch, 7600
35.1.4. Office bearers: Leon van der Vyver
35.1.5. Phone number: 081 762 5409
35.1.6. Official email address: email@example.com
36.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
36.3. Any failure on the part of you or Student Summaries to enforce any right in terms hereof shall not constitute a waiver of that right.
36.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
36.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
36.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
36.7. These Terms and Conditions contain the whole agreement between you and Student Summaries and no other warranty or undertaking is valid, unless contained in this document between the parties.