MathU Terms of Use

 

 

Important Notice
· Please read our Terms of Use carefully. Your use of our services will be subject to the then current version of these terms published on our web site or mobile application at the time of your use. If you do not accept our Terms of Use, you may not use our services.
· Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
· If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our Terms of Use prior to you using any of our services or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
· We may change our Terms of Use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these Terms of Use at all times prior to using our services since the then current version of the terms will apply to your use.

1 Definitions

1.1 In these Terms of Use the following words shall have the meanings given to them:
1.1.1 “Additional Terms” means any additional guidelines, rules and/or policies applicable to your use of the MathU Application, MathU Websites, and related goods and/or Services that may be published on the MathU Websites from time to time, which will apply in addition to these Terms of Use;
1.1.2 “Content” means various forms of content supported by the MathU Application from time to time, including, without limitation, rich media content and digital content including, but not limited to, images, sound clips, video clips and news;
1.1.3 “Intellectual Property” means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including (without limitation) patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the word;
1.1.4 “MathU” means MathU Teaching Emporium (Pty) Ltd (Registration No. 2016/150475/07), a private company validly incorporated in accordance with the company laws of South Africa with its regular place of business at 359 Pienaar Street, Brooklyn, Pretoria;
1.1.5 “MathU Application” means the software made available by MathU for installation and use on supported mobile devices or personal computers to use the Services;
1.1.6 “MathU User” means a user of the MathU Application;
1.1.7 “MathU Websites” refers to MathU’s related desktop or mobile websites;
1.1.8 “Services” means the services provided by MathU from time to time, including, but not limited to, services provided via the MathU Application and MathU Websites, the general nature of which relates to online education and curation of digital content;
1.1.9 “Terms of Use” means these terms and conditions, which regulate your use of the MathU Application, the MathU Websites and the Services;
1.1.10 “Upload” means the electronic transfer of information or data by you to the Services; and
1.1.11 “User Account” refers to the account (or ‘profile’) you create with MathU to enable you to use the Services.
1.2 In these Terms of Use any reference to:-
1.2.1 the singular includes the plural and vice versa;
1.2.2 natural persons includes juristic persons and vice versa;
1.2.3 any one sex or gender includes the other sexes or genders, as the case may be;
1.2.4 “including” (or words of similar meaning) means to include without limitation and “include” shall have a corresponding meaning;
1.2.5 “law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has force of law;
1.2.6 “person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality;
1.2.7 a Party includes a reference to that Party’s successors in title and assignees allowed at law.
1.3 The words “shall” and “will” and “must,” used in the context of any obligation or restriction imposed on a person in these Terms of Use, has the same meaning.
1.4 Except insofar as these Terms of Use state otherwise, the relevant definitions of the Electronic Communications and Transactions Act, No. 25 of 2002, Consumer Protection Act, No. 68 of 2008, and the Protection of Personal Information Act, No. 4 of 2013, will apply herein.
1.5 The clause headings in this document have been inserted for convenience only and will not be taken into consideration in the interpretation of this document.
1.6 Reference to months or years shall be construed as calendar months or years.
1.7 No provision herein shall be construed against or interpreted to the disadvantage of any party hereto by reason of such party having or being deemed to have structured, drafted or introduced such provision.
1.8 Whenever the term “including” is used followed by specific examples, such examples shall not be construed so as to limit the meaning of that term.

2 Terms of Use
2.1 Your use of the MathU Application, the MathU Websites and of our Services shall at all times be subject to these Terms of Use and any Additional Terms which may be applicable from time to time.
2.2 MathU reserves the right to amend these Terms of Use and to publish or amend any Additional Terms at any time, with the new or amended terms coming into force on the date of publication on the MathU Website. It is your responsibility to continually stay abreast of changes to the Terms of Use, and any Additional Terms which apply to you that may be published from time to time (you may visit https://www.mathu.co.za/eula/ to access the latest versions).
2.3 If there is any conflict between the Additional Terms and these Terms of Use, these Terms of Use will prevail, unless otherwise stated in the relevant Additional Terms and provided that any terms of MathU will prevail against any conflicting third party terms.
2.4 The date of publication at the end of these Terms of Use shall be prima facie proof of the date of publication and contents of the particular version of the Terms of Use.

3 Eligible Persons
3.1 Unless otherwise stated by MathU in writing, you must be at least 13 (thirteen) years old to make use of the MathU Application, the MathU Websites and the Services. If you are 17 (seventeen) years and younger, but older than 13 (thirteen), you will inform your parents or guardians that you have registered for and are using the Services of MathU and upon request provide reasonable proof that you have complied with this prerequisite for access to the MathU Application and the Services.
3.2 MathU reserves the right to place an age restriction on any Services at any time.

4 Use and licence
4.1 The Intellectual Property rights in the MathU Application, the MathU Websites and the Services are either owned by MathU or licensed to MathU and include any applications or renewals of such rights and are protected by intellectual property laws. This includes (without limitation) any compilation of such Intellectual Property rights which is likewise the property of MathU and protected by applicable law.
4.2 The trade name ‘MathU’ is related to the goodwill of MathU and its affiliated companies and may not be used in any manner without MathU’s prior written permission. All other Intellectual Property not owned by MathU that appear on the MathU Application, the MathU Websites or the Services are the property of their respective owners.
4.3 Your use of the MathU Application, the MathU Websites and the Services is for lawful use only, and you agree not to use the MathU Application, the MathU Websites or Services to operate any commercial activities or to promote any products or services, other than expressly authorised by MathU in writing.
4.4 MathU grants you a non-exclusive, non-transferable, revocable licence to download and install the MathU Application on a mobile device or personal computer or other supported device for the sole purpose of using the Services provided by MathU.
4.5 You may not do anything in respect of the MathU Application, MathU Websites or the Services unless these Terms of Use expressly permit you to do so. Without limiting the general nature of this prohibition, you may not distribute, sell, grant sub-licences or grant any rights to another person, nor render any services in respect of the MathU Application, MathU Websites or the Services and you may not modify, reverse engineer, decompile, hack or create a derivative work from it.
4.6 Unless otherwise specifically agreed thereto in writing, MathU is under no obligation to release new versions of the MathU Application, nor to support any older version of the MathU Application.
4.7 It is specifically recorded that MathU may secure revenue from other sources such as advertising, sponsorship of content or Services and promotional activities. Unless otherwise specifically agreed thereto in writing, you agree to receive marketing communications and advertisements from our third party advertisers and/or ourselves via the MathU Application, MathU Websites and the Services or to your email address (if you have provided same to us) as may be published by MathU from time to time in its sole discretion, while you are still a registered MathU User.
4.8 You also agree that MathU may communicate with you and/or send you information messages via the MathU Application, MathU Websites and the Services or to your email address (if you have provided same to us) from time to time, provided that you will be able to opt-out of receiving communications by replying to the relevant communication in the manner indicated in such communication.
4.9 You should not choose brand names or trademarks as your username and/or display name, since the Intellectual Property rights in such names do not belong to you. MathU reserves the right, using its reasonable discretion, to take over any MathU User’s username and/or display name at any time (without compensation), should it require such username and/or display name for any reason whatsoever, including should MathU be requested to do so by the owner of a brand name or trade mark. In such event MathU will contact the MathU User and notify the MathU User that it requires the username and/or display name in question. In such event, MathU shall move the MathU User’s account to a mutually agreed replacement username and/or link same to a mutually agreed replacement display name.
4.10 All rights not expressly granted to you in these Terms of Use shall remain reserved in favour of MathU.

5 Use of Services
5.1 You warrant and represent that any and all information you submit as part of the process to become a MathU User is true and correct and that you are the legitimate owner of such information, including (but not limited to) your date of birth, sex, location, first & last name, cell phone number and contact details.
5.2 You furthermore warrant and represent that you are the legitimate owner of (or that have obtained the necessary license or permission in respect of) any content or images that you Upload via the MathU Application.
5.3 It is your responsibility to ensure the secrecy of your User Account’s registration details, including but not limited to your username and/or display name, password and contact details.
5.4 Any activity on the MathU Application, the MathU Websites or the Services authenticated with your login credentials shall be deemed binding on and attributable to you personally.
5.5 Unless otherwise agreed in writing, we may suspend or terminate access to the MathU Application, the MathU Websites and/or the Services without notice to you. In addition, we reserve the right to revoke any privilege or access granted to you without prior notice to you and in our sole discretion.
5.6 You may not give your username and password to someone else to log on to your User Account or to access the Services using your User Account or authorise another person to do so.
5.7 You agree that you are responsible for the security of your mobile device or any other device used to access the MathU Application, MathU Websites and/or the Services.
5.8 Messages sent to Users on the MathU Application may contain links to third party websites that are not owned or controlled by MathU. MathU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MathU will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MathU shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
5.8 You agree to notify MathU immediately in writing to legal[at]mathu.io when you become aware of any unauthorised use of your User Account or other breach of security or attempted breach of security.
5.9 If your use of the Services is dependent on using a mobile device, personal computer or bandwidth of another person, you hereby represent that you have received that person’s permission.
5.10 Further to the above, you are hereby notified that should you have provided MathU with fraudulent or incorrect information regarding your age and/or date of birth, you may be exposed to inappropriate or adult advertising and/or content and you hereby accept full responsibility for your actions in this regard and indemnify MathU against any claims and/or damages MathU may incur as a result thereof.

6 Management of Content
6.1 Unless otherwise agreed in writing, by an Upload of any content to the MathU Application, MathU Websites and/or related Services, you grant MathU and its affiliated companies a non-exclusive, royalty-free, worldwide and perpetual licence to use the said Content, inclusive of the right to amend the said Content.
6.2 MathU has the right, but not the obligation (unless expressly required by applicable law), to monitor postings and uploaded content, and also has the right, but not the obligation, to exercise editorial control over any material which may be made publicly available.
6.3 MathU, without derogation to the general provision in clause 6.2 above, has the right, but not the obligation, to appoint a moderator to manage any postings or uploaded content, and such person may edit or remove any Content that was posted by you that may contravene any Additional Terms which may apply to the use of the MathU Application, MathU Websites and/or related Services.
6.4 You agree that MathU has no control over any Content or communication you receive from any person other than MathU or its employees. You may therefore be exposed to unwanted Content and it is your duty to report any undesirable Content to MathU.
6.5 You agree to that you will not use the MathU Application or Services to transmit, disseminate or upload:
6.5.1 unsolicited commercial communications;
6.5.2 Content that:
6.5.2.1 Is Unlawful, harassing, abusive, threatening, or obscene communications of any kind;

6.5.2.2 Could infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right;

6.5.2.3 could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;

6.5.2.4 Is Objectionable, including but not limited to, content that contains blatant bigotry, racism, or hatred or that promotes illegal activities or physical harm against anyone;

6.5.2.5 Any other type of communications, be they of a commercial nature or not, to people or entities who have not agreed to be part of such broadcast;

6.5.2.6 Amounts to any harmful, disruptive or destructive files or software;

6.5.2.7 Is adult or pornographic in nature; or

6.5.2.8 is generally unacceptable in the view of the public at large.
6.6 You accept the risk that, due to the interactive nature of the Services, you may be exposed to Content that contravenes these Terms of Use. In such event, you are required to immediately report the infringing Content to MathU so that appropriate action can be taken.

7 Availability of Services
7.1 You hereby acknowledge and agree that your use of the MathU Application, MathU Websites and the Services are entirely at your own risk.
7.2 MathU does not warrant that you will always be able have access to the Services and Content.
7.3 Whilst we endeavour to ensure that the MathU Application, the MathU Websites and the Services are always accessible and messages delivered, we make no warranties or representations as to the level of uptime, the speed of access that can be expected or that messages and communications will be posted and/or delivered.
7.4 It is your responsibility to acquire the hardware and Internet connectivity necessary to access the Services and you are responsible for paying all fees that are due in respect of the hardware, mobile and the Internet connectivity and bandwidth consumed while accessing the MathU Application, the MathU Websites and the related Services.
7.5 The capabilities of your mobile device may limit the availability of some features and Services to you or may mean that certain Content cannot be played or displayed on your mobile device.
7.6 MathU may suspend the Services for any reason, including for repairs or upgrades to any of MathU’s systems and MathU may suspend your account pending any investigation into a possible breach by you of these Terms of Use.
7.7 MathU may decide to change the features and technical aspects of the MathU Application, MathU Websites or the Services. Such changes may cause interruptions to the Services and may require you to make changes to the settings on your mobile device or to your personal computer, including but not limited to the downloading of an updated version of the MathU Application.
7.8 Whilst we endeavour to ensure that our information is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published.
7.9 Where we provide third party Content or publish advertisements as part of your use of the MathU Application or a Service we do not:
7.9.1 warrant or represent that the third party Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
7.9.2 endorse the third party Content or advertisements.
7.10 Your correspondence or dealings with, or participation in promotions and/or competitions of advertisers through the MathU Application, MathU Websites and related Services, and any other terms, conditions, warranties or representations associated arising therefrom, lie between you and the relevant advertisers. You agree that MathU shall not be liable for any loss or damage of any nature incurred as a result of any such interactions between you and the advertisers, or as the result of the presence of such advertisers on the MathU Application or MathU Websites.
7.11 TO EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO RELEASE MATHU FROM LIABILITY RELATED TO ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THE MATHU APPLICATION, THE MATHU WEBSITES OR THE SERVICES, WHETHER DIRECT OR INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
7.12 TO THE EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MATHU, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, RESULTING OUT OF OR YOUR USE OF THE MATHU APPLICATION, THE MATHU WEBSITES OR THE SERVICES.

8 Unauthorised Conduct
8.1 You may not monitor, intercept or modify any communication that is not addressed to you or to your User Account.
8.2 You may not use any harmful or malicious code, including (without limitation) viruses, Trojan horses, worms or spiders, to interfere with or access any data, communications or software associated with the Services, the MathU Application, MathU Websites or any Services/Content otherwise owned by MathU.
8.3 You may not send any unsolicited communication to MathU or to any MathU User, whether such unsolicited communication is sent to the MathU User’s User Account or to any other address of such MathU User.
8.4 You may not use the Services in such a manner as to threaten, harass, embarrass or invade the privacy of any person or to contravene any applicable law or regulation.
8.5 You may not impersonate any other MathU User or any other person, and you may not use another person’s MathU username and password to access another MathU User’s account, nor may you access or assume another MathU User’s profile. You may not use or distribute the images taken by and/or belonging to any other person via the MathU Application in any manner without such person’s consent.
8.6 Other than as may be authorised by MathU in writing and bona fide public search engines generally, you may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including (without limitation) any web spiders, crawlers or similar technologies.
8.7 You are notified that it is a criminal offence to gain unauthorised access to any restricted areas of the MathU Websites or to otherwise interfere with the proper functioning thereof.

9 Breach and termination
9.1 If you are found or are believed to violate any of your obligations as described in these Terms of Use as determined by MathU in its sole and absolute discretion, MathU may, without limiting or prejudice to any other right, warranty or indemnification that may be granted to it under these Terms of Use, cancel any right, privilege or entitlement you may have hereunder immediately and without prior notice to you, suspend your access to the Services, remove any Content Uploaded by you and/or ban you for such period as MathU may deem fit from using the Services and/or take such other steps as MathU may (in its sole and absolute discretion) deem reasonable under the circumstances.
9.2 If MathU terminates your User Account as provided for in these Terms of Use, any licence(s) granted to you hereunder will also terminate at the same time and you will immediately stop using the MathU Application, the MathUt Websites and the Services and, in the case of the MathU Application, remove it from the mobile device and personal computer and/or other devices on which it has been installed and destroy all other copies of the MathU Application in your possession.

10 Privacy
10.1 MathU collects, and you hereby consent to, the following personal information (hereinafter “personal information”) about you being collected and processed when using the MathU Application, MathU Websites and/or the Services:
10.1.1 your cellular telephone number (if provided) and other contact details;
10.1.2 your date of birth (and age);
10.1.3 your Internet protocol address (“IP address”) and the area where you reside;
10.1.4 your sex and/or gender;
10.1.5 your profile picture (if provided);
10.1.6 full name and surname;
10.1.7 your history of using the MathU Application, MathU Websites and the Services, which includes transactions concluded using the aforegoing.
10.1.8 your Google , Facebook email address used if you are using this method for signing up to the MathU service; and
10.1.9 Any other information as covered by the MathU Privacy Policy, which is available here, and which is incorporated into these terms by reference. [BS1]

10.2 You agree to provide us with accurate information and to keep such information updated. Upon reasonable request, we will let you have access to the personal information that we store and allow you to update such information.
10.3 MathU may use your personal information to render the Services to you and to compile non-personally identifiable and/or aggregated statistics about your use of the Services. You consent that MathU may in addition use your personal information to allow third parties to market and promote their goods and services only via the MathU Application, MathU Websites and the Services and in circumstances where:
10.3.1 it is reasonably necessary to render the Services; or
10.3.2 you have given consent to do so; or
10.3.3 it is required by law.
10.4 MathU may transfer your personal information to other entities and/or countries if we deem it necessary or beneficial in the rendering of the Services. If we do make such a transfer, we will do so only in cases where a confidentiality agreement prohibits the disclosure of the personal information by the transferee.
10.5 MathU warrants that it uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of personal information. This notwithstanding, no warranty is made regarding the security of any information transmitted to the MathU Application, and no guarantee is made that any information will not be accessed, disclosed, altered, or destroyed as a result of a breach of any of the above mentioned safeguards.
10.6 You agree that MathU is not responsible for any unauthorised access to your communications by way of interception or monitoring.
10.7 Due to the nature of Internet connectivity your communications may be transmitted through countries other than the Republic of South Africa. MathU may additionally utilise its network of secure, distributed data centres located internationally to enhance your experience of the MathU Application, MathU Websites and the Services and to increase the resilience thereof.
10.8 You agree not to post personal information, such as your telephone number, street address, last name, e-mail address or other contact details so that it is publicly accessible to other MathU Users or third parties. MathU is unable to take responsibility for any infringement of your rights or harm you may suffer resulting from your failure to comply with this undertaking.
10.9 You are hereby informed, and you agree thereto, that MathU may, in so far as it is allowed or required by law, intercept and/or monitor any communication sent and/or received by yourself using the MathU Application, MathU Websites and the Services. You understand that MathU may not notify you in the event that MathU is required by law to intercept and/or monitor your communications and that, if required by law, it has to disclose such communications together with your personal information to the relevant law enforcing authority.
10.10 You are hereby informed that MathU reserves the right to disclose aggregated information regarding its Users and usage of the MathU Application and MathU Websites (such as member demographics and traffic patterns) to, amongst others, advertisers and suppliers, and you hereby expressly consent thereto.
10.11 In the instance where there is a discrepancy between the terms of this Clause 10 and the MathU Privacy Policy, then the terms of the MathU Privacy will prevail.

11 Jurisdiction and Enforceability
11.1 These Terms of Use shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. The parties agree that the High Court of South Africa, Gauteng Provincial Division, shall have exclusive jurisdiction to hear any disputes that may arise from these Terms of Use.
11.2 Each provision of these Terms of Use shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms of Use shall nevertheless remain binding and continue with full force and effect.

12 General
12.1 You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms of Use without the prior written approval of MathU.
12.2 You agree that for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms of Use that MathU may send such notices to your cellular telephone number as indicated on your User Account. MathU will accept legal service of documents at 359 Pienaar straat Brooklyn. MathU’s website address is www.mathu.co.za and can be emailed at legal[ at ] mathu.io .
12.3 These Terms of Use constitute the whole agreement between you and MathU relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms of Use not incorporated in these Terms of Use shall be binding on any of the parties.
12.4 No indulgence, leniency or extension of a right, which may be granted or shown to you shall in any way prejudice MathU, or preclude MathU from exercising any of the rights that it has derived from these Terms of Use, or be construed as a waiver by the MathU.

Date of First Publication of this Version: 11 April 2020

 

WA Burger
CEO