Terms of service

Terms & Conditions:

The following Terms & Conditions is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and iKnowThat Educational Material and sets forth the rights and obligations with respect to any user right licensed to you.

iKnowThat Educational Material reserves the right to modify the Terms & Conditions at any time in its sole discretion. Prior to such changes becoming effective, iKnowThat Educational Material will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your iKnowThat Educational Material account.

By licensing content following any such modifications, you agree to be bound the Terms and Conditions as modified.

 

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO USER LICENSE RIGHTS. NO OTHER PERSONS (INCLUDING EMPLOYEES, COWORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.

 

SINGLE USER LICENSE AGREEMENT

iKnowThat Educational Material hereby grants you a non-exclusive, non-transferable right to use the content, as expressly permitted by the applicable license and subject to the limitations set forth herein:

      1. PERSONAL USE LICENSE grants you the right to use the content as per your purchased type (non-printable / printable or printed versions):
        1. To use the non-printable / printable or printed versions of material without copying, altering, or extracting it to compile any form of material.
        2. To print single user copy of the printable version of material only as set out in the printing license application agreement.
      2. For any other usage requirements or higher printing volume please contact iKnowThat Educational Material.

 

YOU MAY NOT:

      1. Use the content other than as expressly provided by the single user license you purchased with respect to the item and its content.
      2. Change the content in any form, including but not limited to coping, changing format, editing, repurposing, or reproducing.
      3. Resell, redistribute, provide access to, share or transfer any content except as specifically provided herein.
      4. Use the content in a manner that infringes upon any third party’s trademark or other intellectual property or would give rise to a claim of deceptive advertising or unfair competition.
      5. Use any content (in whole or in part) as a trademark, service mark, logo or repurposed content.
      6. Falsely represent, expressly or by way of reasonable implication, that any content was created by you or a person other than the copyright holder(s) of the content.

WARRANTIES AND REPRESENTATIONS:

      1. Content in their original unaltered form and used in full compliance with the Terms and Conditions and applicable law will not i) infringe on any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights to privacy or publicity.
      2. iKnowThat Educational Material makes no representations or warranties whatsoever than those expressly made in point one in this section.

IDEMNIFICAION AD LIABILITY

      1. You will indemnify iKnowThat Educational Material, its officers, employees, shareholders, directors, manager, member and suppliers, harmless against any damages of liability of any kind arising from using the content other than expressly permitted by this terms and conditions. You hereby further agree to indemnify iKnowThat Educational Material for all the costs and expenses that iKnowThat Educational Material incurs in the event that you breach any of the terms of this or any other agreement with iKnowThat Educational Material.

ADDITIONAL TERMS

      1. Our Terms and Conditions, Privacy Policy and Returns & Refunds Policy form part of this agreement and remain in effect at all times.
      2. Except when required by law, iKnowThat Educational Material shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable.
      3. Non-transferable as used herein means that except as specifically provided in the Terms and Conditions, you may not sell, rent, load, give, sublicense, or otherwise transfer to any one, content or the right to use content. You may however, make a one-time transfer of content to a third party for the sole purpose of causing such third party to print content subject to the Terms and Conditions herein. If you come aware that the third party printer or any other party as , but not limited to social media websites uses the content in any manner that exceeds the your license hereunder, you agree to remove all content from such parties and promptly notify iKnowThat Educational Material. You agree to take commercially reasonably steps to prevent third parties from duplication or distributing any content. If you become aware of any unauthorised duplication of any content, please notify iKnowThat Educational Material via email at info@inknowthat.co.za.
      4. All content remain the property of iKnowThat Educational Material It is understood that iKnowThat Educational Material is, in respect of the sale of the Products, only selling the right to utilise or print the intellectual property contained in any content that it provides, and ownership of such intellectual property shall at all times remain vested in iKnowThat. It is specifically agreed that all rights whatsoever to intellectual property contained in iKnowThat Educational Material and content, whether they are capable of registration or not, and including but not limited to iKnowThat name, trading name, educational programmes, study material, examinations, assignments, logo and/or image, remain the sole property of iKnowThat. The customer acknowledges and agrees that it will be liable for any damages incurred by iKnowThat Educational Material, or alternatively a minimum amount of one hundred thousand Rand (R100 000.00) in the event that the customer shares, copies, reproduces or distributes content, or allows any other person to do so when under his/her supervision that exceeds the scope of this agreement. iKnowThat Educational Material also reserves its right to pursue criminal charges against the customer in the event of such infringement.
      5. iKnowThat Educational Material retains the right to cancel an order and/or to refuse to supply any content, including but not limited to access, in the event:
        1. The customer fails to make payment in terms of this agreement; or
        2. The customer owes any money to iKnowThat in respect of a previous order; or
        3. The customer is in breach of any terms and conditions of the agreement.
      6. No variations or amendments to this agreement, or waiver of any rights or cancellation thereof will be valid unless placed in writing and signed by both the Guardian/Account Holder and iKnowThat, or its duly authorised representative. When interpreting this agreement, the terms of any valid amendment or variation shall prevail.
      7. In this agreement reference to one gender shall include the other gender, reference to a legal person shall include natural persons and trusts and vice versa, reference to the singular shall include the plural and vice versa.

 Terms & Conditions:

  1. iKnow sells educational Products and Services which can be utilised in conjunction with private and independent services offered by third parties, such as Tutors. and which include but are not limited to. (hereinafter referred to as the “Products”).
  2. For the purposes of this agreement:
    • “Tutor”: shall mean any individual or independent entity to use the Products in the performance of private tutor services to Learners;
    • “Account Holder”: shall mean the person who has undertaken, both in this agreement and in the Order Form, to make payment of all amounts due to iKnow in respect of iKnow’s provision of the Products, and can also be the Legal Guardian as defined herein;
    • “Order Form”: shall mean the Registration Form completed by the Guardian/Account Holder for the purposes of this agreement. The Registration Form is linked to, and read with, the provisions of this agreement;
    • “Guardian”: shall mean (a) the parent or guardian of a Learner; or (b) the person who has legal custody of a Learner; or (c) the person that undertakes to perform the duties of a person who is referred to in (a) and (b);
    • “Products”: Shall mean educational products and services, sold by iKnow, utilised in conjunction with private and independent services offered by third parties, such as Tutors, inter alia educational programmes, modules, study material & assessments;
    • “iKnow”: iKnowthat (Pty) Ltd, a private company, incorporated in term of the Companies Act 71 of 2008, with registration number 2020/274162/07;
    • “Learner” any individual or entity utilising the Products;
  3. The Guardian undertakes to ensure compliance with the requirements of the South African Schools Act, 84 of 1996 (as Amended) (“the Act”), in as far as same relates to the requirements applicable to the learner and in particular:
    • In terms of Section 3 of the Act, it is every Legal Guardian’s responsibility to ensure that every Learner for whom he or she is responsible attends a school once they reach the appropriate age and as such is educated and trained;
    • In terms of Section 51 of the Act, the Legal Guardian of a Learner, of compulsory school-going age and who does not attend a public or independent school, must apply to the Head of the applicable Department of Education to register such Learner(s) to receive education at home; and
    • The education provided to the Learner will be of a standard not inferior to the standards provided by public schools;
    • The Legal Guardian is also required to ensure that the Learner’s progress is assessed in accordance with the applicable laws regulating a Learner’s education; and
    • The Legal Guardian will also be required to comply with all other reasonable conditions set out by the Head of the applicable Department of Education. These conditions may differ in each province.
    • In the event that the Learner is not resident in the Republic of South Africa, the Legal Guardian hereby undertakes to abide by all relevant legislation and policy pertaining to the Learner’s educational requirements, as may be in effect from time to time in the Learner’s country of residence.
  4. The Guardian/Account Holder guarantees and undertakes that:
    • The information provided in the Order Form is both true, correct and accurate, and this constitutes a material term of this agreement;
    • iKnow reserve the right at all relevant times to request the original, alternatively certified copies of personal documentation to verify the identity and academic records of the parent, guardian, learner and/or account holder, eg. Identity cards/book, birth certificate, school reports and learner support material ;
  5. Product will only be supplied and posted subsequent to receipt of payment in terms of this agreement, inclusive of courier costs. iKnow is herewith indemnified against all liability should the courier supplier fail to deliver any or all of the Products and assumes responsibility to receive the Products during working hours at the address provided.
  6. The Guardian/Account Holder is responsible for thoroughly checking and verifying the Products upon receipt from iKnow. If the content is incomplete or contains errors, the Guardian/Account Holder must inform iKnow accordingly in writing, within seven (7) calendar days from the date of receipt. If no notice is received from the Guardian/Account Holder within the seven (7) day period contemplated above, the Guardian/Account Holder shall be fully responsible and liable for all possible costs that may be incurred in resending Products.
  7. All iKnow Products remain the property of iKnow until such Products have been paid for in full. It is understood that iKnow is, in respect of the sale of the Products, only selling the right to utilise the intellectual property contained in any Product that it provides, and ownership of such intellectual property shall at all times remain vested in iKnow. It is specifically agreed that all rights whatsoever to intellectual property contained in iKnow’s Products, whether they are capable of registration or not, and including but not limited to iKnow name, trading name, educational programmes, study material, examinations, assignments, logo and/or image, remain the sole property of iKnow. The Guardian/Account Holder acknowledges and agrees that it will be liable for any damages incurred by iKnow, or alternatively a minimum amount of one hundred thousand Rand (R100 000.00) in the event that the Guardian/Account Holder copies, reproduces or distributes iKnow’s Products and/or lesson material, or allows any other person to do so when under his/her supervision. iKnow also reserves its right to pursue criminal charges against the Guardian/Account Holder in the event of such infringement.  
  1. The Guardian/Account Holder acknowledges that he/she is fully responsible for all fees and costs with regard to the Products provided by iKnow and accepts the responsibility to pay the full fees and related administration costs on/before the prescribed dates.
  2. If the Guardian and the Account Holder differ, the Guardian and the Account Holder hereby undertake to be jointly and severally liable for the payment of all amounts that are, or will be, payable to iKnow. The Account Holder may not be changed until such time as all amounts owing to iKnow by the current Account Holder are paid in full.
  3. iKnow retains the right to cancel an order and/or to refuse to supply any Product, including but not limited to access to assessments, in the event:
    • The Account Holder fails to make payment in terms of this agreement; or
    • The Account Holder owes any money to iKnow in respect of a Learner’s previous order; or
    • The Guardian/Account Holder is in breach of any terms and conditions of the agreement.
  4. The physical address and the email address (if any) that the Guardian/Account Holder supplies in the Order Form is his/her address for the purposes of delivery of legal notices or any communication with regard to this agreement. The Guardian/Account Holder undertakes to inform iKnow in writing email of any change of address. iKnow shall be entitled to affix notices to the physical premises in the event the recipient is not present and such affixing shall be sufficient Service.
  5. The Guardian/Account Holder hereby agrees that the law of the Republic of South Africa shall govern this agreement, and further agrees to the jurisdiction of the Magistrates’ Court and acknowledges that he/she will be liable for all legal costs, including costs on an attorney-and-client scale, if the amounts due for the Products and Services are not paid timeously according to the payment method chosen in the Registration Form.
  6. No variations or amendments to this agreement, or waiver of any rights or cancellation thereof will be valid unless placed in writing and signed by both the Guardian/Account Holder and iKnow, or its duly authorised representative. When interpreting this agreement, the terms of any valid amendment or variation shall prevail.
  7. No failure on the part of iKnow to enforce any provision of this agreement shall constitute a waiver of such provision or affect in any way iKnow’s right to require performance of any such provision at any time in the future.
  8. iKnow, its directors, employees, and service providers will not be responsible for any direct, indirect or consequential losses suffered by the Guardian/Account Holder or Learner, including death, injury of whatsoever nature, losses of profits or data and delays, whether on the basis of contract or delict, that arise from the use of iKnow‘s Products, when used as a home education product or via a Tutor or in any other manner whatsoever.
  9. In this agreement reference to one gender shall include the other gender, reference to a legal person shall include natural persons and trusts and vice versa, reference to the singular shall include the plural and vice versa.