SECTION A – ALL USERS
TERMS AND CONDITIONS OF WEBSITE AND SERVICES
A1. Definitions
A1.1 Content: All and any information, in whatever form, which appears on the Website, including but not limited to all and any information relating to the Services.
A1.2 CPA: The Consumer Protection Act 68 of 2008.
A1.3 the Curriculum: The South African Schools Curriculum as prescribed by the Department of Basic Education and/or by the Independent Schools Association of Southern Africa, from Grade R to Grade 12.
A1.4 Services: The online tutoring services provided by a Tutor to a Student, as more fully described in clauses B3 and C3.
A1.5 Student: The person, duly registered, who engages the Tutor for the purposes of rendering the Services for a fee.
A1.6 these Terms: The Terms and Conditions of the Website as set out in Sections A, B and C.
A1.7 Tutor: The person, duly registered, who renders the Services to the Student for a fee.
A1.8 User/s: A Tutor and/or a Student or both.
A1.9 the Website: www.tutorconnect.co.za
A1.10 we/us/our: TutorConnect Proprietary Limited, a company duly registered and existing under the laws of South Africa, with registration number: 2024/376831/07.
A1.11 you/your: A User/Users.
WEBSITE TERMS OF USE
A2. These Terms
These Terms govern your use of the Website. By accessing and using the Website, you agree to be bound by these Terms. This Section A is applicable to all Users. Section B is applicable to Tutors, and Section C is applicable to Students.
A3. Amendment to these Terms
A3.1 We may change, modify, add to, or remove from portions or the whole of these Terms. Any such amendment to these Terms will become effective when the amendments are posted to the Website. We shall notify you of amendments to these Terms by posting a prominent notice on the Website. Your continued use of the Website following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.
A3.2 You are responsible for familiarising yourself with these Terms as well as any amendments hereto.
A4. Verification
A4.1 You acknowledge and agree that we shall be entitled to establish the authenticity of any communication transmitted to us by way of the Internet which purports to emanate from you.
A4.2 You agree that all instructions, consents, commitments, reservations, and any other communications which purport to emanate from you and which are sent to us by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by us and you will be bound by such details with no liability whatsoever attaching to us in regard thereto.
A4.3 You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your instructions or instructions purported to emanate from you.
A4.4 You hereby waive any claim against us for any liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that we have acted on your instructions or instructions which purport to emanate from you.
A5. Website Availability
A5.1 We shall use reasonable endeavours to ensure that the Website is accessible at all times.
A5.2 Notwithstanding A5.1, we shall not be liable to you or any other person, and you hereby waive any claim you might have against us in respect of any loss or damage directly or indirectly arising out of the Website not being accessible, for whatever reason.
A6. Intellectual Property Rights
A6.1 All the Content, trademarks, and data on the Website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs, and agreements are the property of or legally licensed to or legally accessed by us and, as such, are legislatively protected from infringement.
A6.2 We own all copyright in respect of the Content.
A6.3 You may download, view, and print Content for private and non-commercial purposes only.
A6.4 We cannot screen or edit all Content, and do not accept any liability for any illegal, defamatory, or obscene Content. You are encouraged to inform us of any Content that may be offensive or illegal.
A7. Hyperlinks
A7.1 No person, business, or website may create a link to any page on the Website without our prior written permission.
A7.2 Hyperlinks provided on the Website to other websites:-
A7.2.1 are provided as is, and we do not necessarily agree with, edit, or support the content of such websites;
A7.2.2 should not be interpreted as constituting a relationship between us and the operators of such other websites, or any endorsement of the products, services, or other content of those websites.
A8. Disclaimer
A8.1 Neither we nor any of our employees, agents, or other representatives shall be liable for any damage, loss, or liability, of whatsoever nature, arising from the use or inability to use the Website. We make no representations or warranties, implied or otherwise, that the Content and the technology available from the Website are free from errors or omissions, or that the service will be uninterrupted and error-free. You are encouraged to report to us any possible malfunctions and errors on the Website.
A8.2 The Website is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms that the service available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.
A8.3 Use of the Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special, or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of the Website or use of the Services.
A8.4 You warrant that every instruction and all information given by you to us shall be accurate, true, and correct. We make no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding, without limitation, the Website, the Content and/or the accuracy thereof.
A8.5 We do not warrant that the functions provided by the Website will be uninterrupted or error-free, or that the Website or the server that makes it available are free from viruses or other harmful components.
A8.6 You agree that you will not, in using the Website, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay, or intercept data or information on the Website and you indemnify and hold us harmless for any damage or loss caused by any such act.
A8.7 You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of the Website and/or your use of the Services.
A9. Limited License to Users
A9.1 We grant you, a non-exclusive, non-transferable, limited, and revocable (reversible) right to access, display, use, download, and otherwise copy the current and future Content for personal, non-commercial, and information purposes only.
A9.2 The Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without our express prior written consent.
A10. Access to and Use of Information
A10.1 We receive various types of information from those who access the Website, including personal information.
A10.2 We may electronically collect, store, and use personal information.
A10.3 The Website may make use of cookies.
A10.4 Information may be shared and posted to your Facebook/Twitter should you elect this option.
A10.5 It is possible for Internet-based communications to be intercepted.
A10.6 Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
A10.7 We shall not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information which you make to us through the Internet, or which you expressly or implicitly authorise us to make, or for any errors or any changes made to any transmitted information.
A10.8 To ensure acquaintance with and awareness of the privacy measures and policies you are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
A11. Privacy
A11.1 Casual Surfing
A11.1.1 You may visit the Website without providing any personal information.
A11.1.2 You accordingly grant express written permission for the Website servers in such instances collecting the IP address of your computer, and the email address or any other distinguishing information.
A11.1.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, and the like.
A11.1.4 We use this information to determine the use of the Website and to improve Content.
A11.1.5 We assume no obligation to protect this information and may copy, distribute, or otherwise use the information.
A11.2 Unsolicited Information
A11.2.1 If you post unsolicited content or other information to the Website and do not indicate otherwise:-
A11.2.1.1 you grant us a:-
A11.2.1.1.1 non-exclusive,
A11.2.1.1.2 royalty-free,
A11.2.1.1.3 perpetual (everlasting),
A11.2.1.1.4 irrevocable (irreversible) and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.
A11.2.2 You grant to us the right to use the name that you submit in connection with such Information, and warrant: -
A11.2.2.1 that you own or otherwise control all of the rights to the information that you post;
A11.2.2.2 that the said information is accurate;
A11.2.2.3 that by the supply of the information to us:-
A11.2.2.3.1 you do not violate these Terms and do not infringe the rights of any person or entity; and
A11.2.2.3.2 that you indemnify us for all claims resulting from the receipt by us of the information you supply to us.
A11.2.3 We may monitor and edit or remove any information, where posted to public pages. We take no responsibility and assume no liability for any information posted by you or any third party.
A11.3 Solicited Information
A11.3.1 We require certain personal information necessary to process transactions.
A11.3.2 We receive and store all information, including personal information which you enter on the Website or give to us, in any other way.
A11.3.3 Your information that is required by persons in order to render the Services is shared with those persons, to the extent necessary to render such Services.
A11.4 Lawful Purposes
When we are served with due legal process requiring the delivery of personal information, we have the legal duty to abide by that demand and will do so. We may also impart personal information if permitted or required to do so by law.
A11.5 Surveys and Statistical Profiles
A11.5.1 We understand that efficiency and customer care translate to good service. We may periodically conduct online customer care surveys to enable the updating of service standards.
A11.5.2 When we conduct a survey, we must inform you how the information gathered will be used, and provide you with the opportunity to opt-out from such surveys.
A11.5.3 Despite terms to the contrary, we may choose to use personal information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
A11.6 Storage
A11.6.1 Personal information will be stored for as long as it is necessary for achieving the purpose for which the information was collected together with a record of the personal information and the specific purposes for which it was collected. Personal information will be destroyed once it has become obsolete.
A11.6.2 You agree that we may intercept, block, read, delete, disclose, and use all communications sent or otherwise communicated to us, our employees, directors, and other representatives.
A12. General Obligations of Users
A12.1 Users agree not to view, copy, or procure content or information from the Website by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Website (except as may be a result of the standard search engine or Internet browser usage) unless formally authorised by us under separate written agreement.
A12.2 No materials made available to a User as part of the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission or as expressly provided in these Terms.
A12.3 A User may not share or transfer account credentials with any third party.
A12.4 We may impose reasonable limits on a User’s scope of access to the Website, including limits on time or volume of information accessed or devices used to access the Website, to prevent unauthorised third-party use of the Services.
A12.5 When a User is registered to access and utilise the Website, we may collect certain personal data directly from the User, or if the User registers using a third-party service (Facebook, Google, Apple), we may collect personal data about the User from the third-party service (username or user ID associated with that third-party service). By choosing to create an account using a third-party service, the User authorises us to collect the personal data necessary to authenticate the User’s registration account with the third-party service provider.
A13. User Complaint
A13.1 If a User has a complaint about the Services, the User should contact us at support@tutorconnect.co.za, providing as much detail as possible about the complaint. We shall respond to the User confirming receipt and shall investigate the matter. Upon receiving the Complaint, we shall investigate the complaint internally, taking into account the importance and complexity of the issue or issues raised.
A13.2 We shall respond to the User with our findings in response to the complaint, and, where applicable, with a suggested solution.
A14. Force majeure
Delay or failure by us to comply with, or breach by us of any of these Terms, if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach by us of these Terms, nor will it subject us to any liability to you.
A15. Governing Law
In the event of a dispute arising out of these Terms, such dispute shall be determined by the law of the Republic of South Africa.
A16. Contact
For the purposes of any complaint, dispute or any other communication with us, you may utilise the contact details support@tutorconnect.co.za.
A17. Dispute Resolution
A17.1 In the event of there being any dispute or difference between us and any User, the dispute shall be resolved by arbitration in Durban South Africa in accordance with the rules of the Arbitration Association of Southern Africa (AA), which arbitration shall be administered by AA.
A17.2 Should AA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AA rules for commercial arbitration (as last applied by AA) before an arbitrator appointed by agreement between the parties to the dispute or failing agreement within 10 (ten) business days of the demand for arbitration, then any party to the dispute shall be entitled to forthwith call upon the chairperson of the KwaZulu-Natal Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.
A17.3 Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
A17.4 Any arbitration in terms of this clause A17 (including any appeal proceedings, if agreed) shall be conducted in camera, and the parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration.
A17.5 Any written demand by a party to the dispute in terms of this clause A17 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969.
A18. Non-Solicitation
A18.1 Without limitation, the Services may not be used to solicit for any other business, website, or service. Users may not solicit, advertise for, or contact in any form other Users for employment, contracting, or any other purpose not related to the Services facilitated through this Website without our express written permission.
A18.2 Users may not use the Services/this Website to collect usernames and/or email addresses of other Users by electronic or other means without our express prior written consent.
A19. Non-Variation
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between you and us concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
A20. Consent and Acknowledgments in terms of the Protection of Personal Information Act, No. 4 of 2013 (POPI)
A20.1 The Protection of Personal Information (POPI) Act aims to give effect to the constitutional right to privacy by balancing the right to privacy against that of access to information. The POPI Act requires that personal information pertaining to individuals be processed lawfully and in a reasonable manner that does not infringe on the right to privacy.
A20.2 We acquire suitable data collection, storage, and processing practices and security measures to protect against unauthorised access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on the Website.
A20.3 As a User we may process personal information about you (the data subject) related to names, surnames, nationality, race, gender, national, ethnic or social origin, colour, culture, email address, physical address, telephone number and account numbers. The motive of processing such personal information about you is to communicate directly with you, for marketing purposes, to carry out actions towards the performance of these Terms, to protect your legitimate interests through such performance, and to comply with the relevant statutory provisions.
A20.4 We will only collect personal information for the purposes as stated above. As part of the processing of personal information about you, we will collect such information from you, through your status as a User. We may also collect such information from statutory institutions such as the Companies and Intellectual Property Commission, the South African Revenue Service Information, from a relevant public or equivalent entity, from its own records related to previous services provided to you. As part of the processing of personal information about you, we may also disclose such personal information to statutory institutions such as the CIPC, SARS, relevant public or equivalent entities on whose behalf we may act as an intermediary, or other third parties agreed to in writing with you the data subject.
A20.5 You may withdraw consent to the processing of personal information at any time, and should you wish to do so, you must provide us with fair notice to this effect. Please note that withdrawal of consent is still subject to these Terms. Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal will only be effective if we agree to the same in writing. We specifically draw attention to the fact that the withdrawal of consent may result in us being unable to offer the Services to a User. Further to this, please note that the retraction of consent is not retroactive and will not affect disclosures of personal information that have already been made. In order to withdraw consent, please contact us at accounts@tutorconnect.co.za.
A20.6 Where personal information has changed in any way, we encourage you to alert us so that our records may be updated. We will predominantly rely on you to ensure that personal information is correct, accurate, and up-to-date.
A20.7 in regard to anything related to direct marketing communications, you may ask us not to send you these at any time by following the unsubscribe instructions contained in the marketing communication, or by sending a clear message in this regard to us at accounts@tutorconnect.co.za.
A20.8 You have the right to access any of your personal information that we may have in our possession, and you are entitled to request the identity of which third parties have received and/or processed personal information for the purpose agreed to.
A20.9 Please note that any request in this regard may be declined if:
A20.9.1 the information comes under legal privilege in the course of legal action;
A20.9.2 giving access may cause a third party to refuse to provide similar information to us;
A20.9.3 the information as it is disclosed may result in the disclosure of another person’s information;
A20.9.4 the information contains an opinion about another person and that person has not consented
A20.9.5 the disclosure is prohibited by law.
A21. Termination
A21.1 We may terminate any Student’s access to the Website in our sole discretion, for any reason and at any time, with or without prior notice. It is our right to terminate such access in respect of Students who breach these Terms, as deemed appropriate in our sole discretion.
A21.2 We may terminate a Tutor’s use of the Website and provision of Services:
A21.2.1 immediately for failure to comply with the Terms, which is considered as a material breach of these Terms;
A21.2.2 for any other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or
A21.2.3 upon 30 days advance written notice for any reason.
A21.3 We may also delete or restrict access to or use of all related information and files. We will not be liable to Users or any third party for any modification, suspension, or termination of the Services, or access to the Website, or loss of related information.
A21.4 In the event of a suspension or termination of a User’s access to the Website due to the breach of these Terms or any of our policies, the User understands and agrees that the User shall receive no refund or compensation for any unused funds or scheduled lessons, or loss of any content or information associated with the User. In addition to the aforementioned, we are entitled to withhold any funds to the credit of a User as liquidated damages.
A21.5 In the event that a User has not accessed the Website for more than 180 days, the User’s access will be suspended.
A22. Conclusion
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other applicable laws, regulations, and policies. If you do not agree with these Terms, you are to discontinue use of the Website immediately. We reserve the right to modify these Terms at any time, and it is your responsibility to review them periodically. Continued use of the website following any such changes shall constitute your acceptance of the revised Terms.