Educess (Pty.) Ltd. Privacy Policy

This policy was last updated on and is effective from January the 14th 2021

We at Educess want to ensure that our privacy policy offers our user's the protection and support that they deserve.

You agree to the terms of this policy when you access or use any of our products or websites, share them with your friends, or take other actions described below. If you do not agree to the policy please refrain from using the product or website and contact us at support@educess.co.za.

1. Definitions

  1. "Information" is data that falls into three categories: data that users provide directly to us, data that we receive from third-parties, and data that we passively or automatically collect, such as from your browser or device.
  2. "Personal Data" is Information that can personally identify an individual, including but not limited to first name, last name, and contact information.
  3. "De-identified Data" is data that will has Information that is linked or linkable to an identifiable individual, including personal identifiers (student identification number and contact information), disassociated, such that it cannot be used to identify any party with reasonable certainty. Educess shall not attempt to re-identify Deidentified Data.
  4. "Content Owners" are licensors that have rights related to the content that you access, for example the publishers of textbooks.

2. Information We Collect

Depending on the individual interacting with our products, we require different types of Information.

Below we outline different end-user levels and how they affect our information gathering and handling.

Students or Readers

Depending on which products you use, the types of Information we collect include your name (optional), billing address (optional), email address (required), phone number (optional), your academic institution, payment information collected and used by our third party payment processors such as credit or debit card numbers, information regarding product use (time interacting with a particular textbook), and user-generated content such as notes, highlights, bookmarks, and responses to assessments; and any other type of Information or Personal Data submitted to us.

Users can choose not to provide such Information, but, in general, most of the Information we request is required for us to provide the product and the lack of such Information will prevent us from doing so. For example, we cannot bill you for our services without a credit card number, and we cannot respond to a support request without an email address or phone number.

Lecturers

Similar to the above, but your academic institution and the publishers or courses you are involved with become required.

Information Provided by Third-parties

We receive Information from third parties, such as Distributors, Publishers, Universities, businesses or representatives of businesses, and third-party authentication services (for users who interact with us through third-party sites or services).

Automatically Gathered Information

Educess automatically collects certain Information while people interact with our services and products. We and our service providers (which are third-party companies or open-source systems that help us function), may use a variety of technologies, including cookies and similar tools, to assist in collecting that Information. This includes:

  • technical data, such as domain name, browser type and language, operating system, Internet Protocol (IP) address, country, and city, device types, mobile device identifier, the date and time of requests, if any, referring and exit pages and URLs, platform type, landing pages, error logs, and other similar information; and
  • usage data, such as the date and time of requests, the number of clicks, information downloaded, how and which products are used; pages viewed and the order of those pages, the amount of time spent on particular pages, the terms used in searches on our sites; information from interactive products, engagement during study sessions and overall performance, and records of any contact we have with you by telephone, email, or online.
  • We may use third-party web analytics services (Google and Heroku Analytics) on our services to collect and analyse usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention, and provide certain features to you.

We keep Personal Data for no longer than necessary for the purposes for which it is processed. The length of time for which we retain Personal Data depends on the purposes for which we collected and use it, the instructions of a controller when we act as a processor, the instructions of Universities for Student Personal Data, and/or our requirements to comply with laws applicable in your country.

3. Using Information

We do not use Student Personal Data for behaviorally-targeted advertising purposes, and we do not sell or rent such Student Personal Data to any third party for any purpose.

Depending on the product or service, we use Information in the following ways:

  • to meet our contractual commitments to users,
  • administer accounts and respond to requests,
  • provide the products requested by users or requested by universities,
  • maintain and improve the products we have and to develop new products,
  • provide information related to our products and services, including changes and updates to them,
  • provide information we think users may find useful about our products and services or those of carefully selected third parties, provided you have indicated that you do not object to being contacted for these purposes,
  • prevent, investigate and deal with fraud, violation of intellectual property rights and other laws and unauthorised use of products or accounts,
  • track, evaluate, and analyse individual and aggregate use of our products and services (for example, study times), and to share, publish, or otherwise publicise that Information, but never Personal Data,
  • as otherwise reasonable and appropriate to the legitimate business needs of Educess.

4. Cookies

What are they?

Cookies are text files that contain a certain amount of information and are downloaded to your computer or mobile device when you visit a website. They are useful because they allow websites to recognise a user's device. They are then returned to the original website on each subsequent visit or to any other website that recognises them.

The term "Cookie" is used in this Policy to denote Cookies as defined above and all similar techniques and technologies. For example, Educess also makes use of JavaScript Beacons to prevent page refreshes while highlighting and annotating.

How do we use them?

We generally use cookies to improve user experience, reasons include:

  • To personalise the Educess website (themes, highlights, notes, bookmarks, and firstname),
  • maintain log in session when browser is off (for an inactivity period of 30 minutes),
  • to notify you if you have been logged out (inactivity or logging in on another device).
  • Third-parties Educess makes use of, like Google, may use Cookies to control the display of ads, including interest-based ads.

5. Security

Educess takes information security seriously and has taken various measures to keep your Information secure from unauthorised access or disclosure, whether that Information is stored physically or electronically. Educess has established administrative, technical, physical, electronic, and managerial procedures to help prevent unauthorised access, maintain data security, and use the Information collected from you in accordance with this Policy. Educess has security measures in place to protect against loss, misuse, or alteration of your Information. Despite these efforts, Educess cannot guarantee that unauthorised access or disclosure of Information will never happen. If you have concerns, do not use our products or services. Should something go wrong, you may contact us at support@educess.co.za and we will do our best to assist and protect you.

6. Links to other websites

Educess's products and services may contain links or enable users to link to third-party websites. These websites may have their own privacy, cookies and/or other policies, which you should check. We do not accept any responsibility or liability for their policies because we have no control over them.

7. Updates to this policy

The information practices described in this policy are current as of the effective date at the top of the document. Educess reserves the right to periodically update this policy at our discretion. Notice of any revisions will be posted to this page and are effective once posted. If you are concerned about how your Information is used, bookmark this page and check back periodically.

Educess (Pty.) Ltd. Terms and Conditions

These terms were last updated on and are effective from May the 3rd 2021

  1. These Terms and Conditions of Use (the "TOUs") are applicable to you (hereafter referred to as "User," "you," or "your"). These TOUs set forth the terms and conditions for your use of this website (the "Site") and your use of our digital content distribution and learning software (including any associated documentation and any updates to that software) and the digital content that can be read by that software that we make available for access from the Site (respectively "Software", "Educess Reader" and "Licensed Content" and together "Products"). These TOUs also apply to any of the services accessible through any Products, Software, or Site (the "Services"), unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
  2. You agree with and accept these TOUs as a condition of your use of the Site and Products by your acknowledgment below. If you do not agree with the terms of these TOUs, do not access or use the Site or Products. We reserve the right to change these TOUs from time to time. Users of the Site are advised to please refer back to these TOUs periodically to review any changes we may make from time to time. Users of Products will be notified with the TOUs being displayed on-screen or with a link to the updated TOUs when you next start the Software or download new Licensed Content, although no such changes will apply retrospectively. You warrant to us that you have the authority to enter into an agreement with us on the terms of these TOUs.

3. License and Use

  1. As a User, you are granted a personal, non-exclusive, non-transferable, limited licence to access and use the Site and access and use any Product that you or someone on your behalf has purchased access to for you. In addition, as a User, you may:
    • View all content of any and all of the Products that you have access to for the purchase term;
    • Personalise the Educess Reader experience by creating bookmarks, highlights and adding personal notes.
  2. Digital Rights Management: The Educess Reader contains software code used for performing operations on content protected by Digital Rights Management (“DRM Content”). You agree not to perform any actions in, with or upon the Educess Reader that are performed for the purpose of subverting DRM Content.
  3. The Educess Reader stores and transmits information regarding your usage of the Educess Reader to our publishing partners as part of providing content and only for Products that are accessed through the Educess Reader. This information may include the time period in which you read a given book, the last page number you read, and other information. Educess does not distribute any of your personal information to Publishers or any other parties.
  4. You must only use the Site or Product and anything available from the Site or a Product for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
  5. You remain responsible for:
    • all of your activity on and in connection with the Site and/or Product;
    • all of the content and details that you submit into, or post onto, the Site or any Product ("Your Content");
    • what you access on the Site or Product, how you interpret or use the Site or Product and any actions you may take as a result of using the Site or Product.

4. Paid-for Licensed Content

  1. Accessing paid-for Licensed Content will require you to pay a fee. This can take place under two payment options:
    • On a recurring periodic subscription basis
    • Or a once off fee for a set access period (e.g., access for 1 year period).
    • If you choose a subscription, we will display the basis on which it is offered before you purchase it.
    • We may from time to time change our subscription and once-off fees.
  2. Payment for all orders must be made by credit or debit card via the checkout page. We use reputable third-party payment service providers to take payment. Payment is accepted by most major South African credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for that fee.
  3. Certain paid-for Licensed Content such as extra content, bonus content, or similar may only be available for purchase or access once an associated textbook is purchased. These dependencies are subject to Educess and their agreements with content providers.
  4. As a paid subscriber, you will need to create an account and provide certain registration information. As per our TOU’s, you acknowledge that you are responsible for keeping your account and password secure, with carefully restricted access. You agree to accept responsibility for all purchases and other activities that occur under your account. Educess reserves the right to deny or cancel orders, and Educess may, in its sole discretion, terminate or suspend accounts. In the event that Educess terminates your account due to an actual or suspected violation of the TOU’s or Payment Terms, products and services purchased in according with these Payment Terms or Terms and Conditions may be forfeited without any refund.
  5. Payment methods
    • The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to Educess or submitting an order for other paid services, you authorize Educess, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us.
  6. Billing
    • We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
  7. Recurring billing
    • If you enrol for subscription-based Paid Services, you authorize Educess or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by automatic recurring periodic charges as specified. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
    • We may submit periodic charges for subscription-based paid services (e.g., monthly fees) without obtaining any further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, visit your orders page on the Educess site.
  8. Current information requirement
    • You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username, email, or password. Changes to such information can be made on your My Account page. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
  9. Auto-renewal for subscription services
    • Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, unless otherwise stated. To change or terminate your Subscription Services at any time, go to the orders page or contact customer service at: support@educess.co.za. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
  10. Cancelling paid subscriptions
    • To cancel an ongoing, paid Individual subscription, please go to the orders page and click the cancel button (blue x) in the corresponding order therein. Once you have cancelled your subscription, Educess will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are non-refundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are non-refundable.
  11. No Ownership Rights: You are only granted a limited right to access the Paid-for Licensed Content in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Service and the Paid-for Licensed Content shall at all times remain vested in Educess, its Licensors and the publishers and authors of the Paid-for Licensed Content, as applicable. Your use of the Service does not give you any ownership rights in any part of the Service or for the avoidance of doubt the Paid-for Licensed Content.

5. What you are not allowed to do

  1. rent, lease, loan, sell, license, or transfer access to the Site or Product to any third party or exploit the Site or Product for commercial purposes or otherwise use any information on the Site or in a Product (either directly or indirectly) for profit or gain;
  2. use, choose, or select the username or email of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behaviour;
  3. use, choose, or otherwise select the username or email that is subject to the rights of another party;
  4. use, choose, or otherwise select a username or email containing any terms which would be vulgar, obscene, lewd or otherwise offensive in nature.
  5. copy or store any Product or the Site (or any part thereof) other than for your own non-commercial, personal use;
  6. store the Site or any Product on a server or other storage device connected to a network or create a database;
  7. interfere with, disrupt, alter, translate, or modify the Site or Product or any part thereof, or create an undue burden on the Site or Product or the networks or services connected to the Site or Product, nor attempt to circumvent the security of any servers on which the Site or Product is hosted;
  8. reverse engineer, decompile, disassemble, or reverse compile the Site or any Product;
  9. introduce software or automated agents or scripts to the Site or Product so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Product;
  10. transmit, distribute, introduce or otherwise make available in any manner through the Site or Product any computer virus, keyloggers, spyware, worms, trojan horses, time bombs or other malicious or harmful programming; or
  11. use any Product of the Site in a way that might damage our name or reputation or that of any of our affiliates;
  12. export any Product in breach of the applicable export or import laws of any country;
  13. publicly display, perform, republish, or reproduce any Product or any product we make available for download from the Site (including without limitation by way of email, newsgroups, file or discussion areas, intranet or internet site or any other means);
  14. tamper with, bypass or alter any security, digital rights management, or other licensing enforcement procedures relating to the Product, Site or Services; or
  15. otherwise, do anything not expressly permitted by these TOUs.
  16. All rights granted to you under these TOUs will terminate immediately in the event that you are in breach of any of them.
  17. To do anything with any Product that is not expressly permitted by these TOUs, you will need a separate license from us. Please contact us, using the Contacting us details at the end of these TOUs.

6. Privacy

  1. Use of your personal data submitted to us (via our Site or any Product) is governed by our Privacy Policy and Cookies Notice, which is expressly made part of these TOUs. If you have not already read our Privacy Policy, please do so; our policies regarding cookies are mentioned on the same page.

7. Intellectual Property

  1. All intellectual property rights in any content of the Site, the Licensed Content, and in each Product and its content (including Educess and other trademarks, text, graphics, software, photographs and other materials, images, videos and audio) (collectively, "Content"), other than Your Content, are owned by Educess or our licensors. Except as expressly set out herein, where necessary for viewing the Content on the Site or your browser, or as permitted by applicable law which may not be excluded or limited, nothing in these TOUs gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Site or any Product or any of its content.
  2. In the event you print off, copy or store pages from the Site (only as permitted by the "License and Use" section of these TOUs), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
  3. The Software may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, "Open Source Software"). Please note that, to the extent that any Software contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third party licensor ("Open Source License Terms") and not under these TOUs, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any Software and the relevant Open Source License Terms will be made available to you upon request.

8. Content

  1. We may change the format and Content of the Site from time to time without notice. We reserve the right to change the design, features, and/or functionality of any Product or Service by making the updated Product or Service available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Product or Service, but we may cease to provide and/or update content to prior versions of any Product or Service and, depending on the nature of the update, in some circumstances you may not be able to continue using a Product or Service until you have downloaded the updated version.
  2. Since electronic services are subject to interruption and breakdown, you agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk. You also agree that downloading, accessing and use of any Product or Service is on an 'as is' and 'as available' basis and at your sole risk. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
  3. We may, but are not obliged to, make updates available to any Product or Service or its content and we may cease to make such updates available at any time, with or without notice to you.
  4. Parts of the Site, Product or Service may not be correct, accurate, reliable, complete or up to date from time to time. You should check with us or the relevant information source and make any other appropriate inquiries before acting on any such information, and notify us if you notice any inaccurate, incomplete or out of date Content on the Site or in a Product or Service.
  5. Neither we nor our licensors can guarantee that any content of the Site or any Product or Service and its content will be free from viruses or other code that may have contaminating or destructive elements, or that access to the Site, Products or Service will function as intended or be uninterrupted. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Site, any Product or Service.

9. Third-party links and tools

  1. The Site and certain Products may, from time to time, include links to external sites or applications owned, operated or produced by third-party organizations independent of us, which may include links to third party offers and promotions. We include these for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any materials on them.
  2. The Site and certain Products may, from time to time, include links to external sites or applications owned, operated or produced by third-party organizations independent of us, which may include links to third party offers and promotions. We include these for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any materials on them.

10. Our Liability

  1. In no event shall we or our licensors be liable to you for:
    • any business losses;
    • any losses that were not reasonably foreseeable; or
    • any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
  2. If you suffer any loss in connection with the Site or Product, you must take all reasonable steps to minimize your loss, including notifying us without delay if there are steps we can take to help minimize your loss. Any liability we do have for losses you suffer shall not, in aggregate, exceed the total fees paid by you for the relevant paid-for Product in respect of which the liability arises.
  3. To the maximum extent permitted by law, in no event shall Educess and/or its licensors be liable for any special, incidental, consequential or punitive damages whatsoever, including any claims for lost profits, business interruption, inability to study, teach or learn, lost information or other damages arising out of the use or inability to use Educess’s products. In all events, Educess’s sole obligation or liability under this agreement in the aggregate is the replacement or repair of the media on which the Educess product is provided or a refund of the purchase price paid for the Educess product.
  4. Except as set forth herein, the Educess products are furnished by Educess to you on an "as is" as-available basis. all warranties of any type not expressly stated in this agreement, express or implied, including the warranties of merchantability, fitness for a particular purpose and noninfringement are expressly disclaimed by Educess and its licensors. No representation or demonstration shall constitute a warranty of the product unless expressly incorporated in this agreement.

11. General

  1. You may not transfer or assign any or all of your rights or obligations under these TOUs.
  2. If we fail to enforce any of our rights, that does not result in a waiver of that right.
  3. If any provision of these TOUs is found to be unenforceable, all other provisions shall remain unaffected.
  4. These TOUs may not be varied except with our express written consent.
  5. These TOUs and the Other Terms represent the entire agreement between you and us in relation to their subject matter.
  6. These TOUs shall be governed by the laws of South Africa without giving effect to any conflicts of the law's principles. You agree that any claim, dispute, suit, action, controversy or proceeding ("Dispute") arising out of or relating to these TOUs or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputed Claim(s)") will be resolved, upon notification by you or us, exclusively and finally by binding arbitration as set out below.

12. Arbitration

  1. In the event of any disagreement arising and the Parties being unable to reach agreement within 10 (ten) days (or such longer period as the Parties may agree to in writing) from the date that the dispute arose, the matter will be referred to a director of Educess or their delegate and the individual, who will endeavour to settle the dispute through bona fide negotiations within a further period of 14 (fourteen) days (or such longer period as the Parties may agree to in writing) from the date that the dispute was referred to them.
  2. If the Parties are unable to resolve such a difference or dispute within the aforesaid period in 12.1 above or such longer period as the Parties may agree, such a dispute or difference shall be determined by arbitration under the provisions of the Arbitration Act of South Africa, Act 42 of 1965, or such statutory modification or law passed in substitution thereof and the Rules of the Arbitration Foundation of South Africa in force from time to time.
  3. Any Party is entitled to give notice of arbitration under the provisions of the Arbitration Act of South Africa, Act 42 of 1965, or such statutory modification or law passed in substitution thereof and the Rules of the Arbitration Foundation of South Africa in force from time to time provided that:
    • such notice shall not be given within 7 (seven) days from the date that the respective individuals or their nominees first met as contemplated in 12.1 of this clause above, unless the Parties agree to extend the time periods referred to in this 12.3; and
    • such notice shall not be given later than 30 (thirty) days after the date that the Parties or their nominees first met as contemplated in 12.1 of this clause above, unless the Parties agree to extend the time periods referred to in this 12.3.
  4. The arbitration shall be held in Johannesburg unless otherwise agreed.
  5. Unless otherwise agreed to in these terms and conditions the law of the Republic of South Africa shall be applicable.
  6. Only the Parties and their legal representatives or persons agreed to in writing between the Parties shall attend the arbitration proceedings.
  7. The Parties shall use their best endeavours to expedite the arbitration process, which shall be held in a summary manner with a view to it being completed as soon as possible.
  8. The arbitrator shall be, if the matter in dispute is principally –
    • a legal matter, a practicing lawyer or advocate of at least 15 (fifteen) years’ standing;
    • an accounting matter, a practicing chartered accountant of at least 15 (fifteen) years’ standing;
    • a technical matter, a qualified IT engineer of repute employed by an independent third party;
    • any other matter, an independent person, agreed upon between the Parties to the dispute.
  9. Should the Parties to the dispute fail to agree whether the dispute is principally a legal, accounting, or other matter and if it is another matter, who the arbitrator shall be, all within 7 (seven) days after the notice of arbitration in terms of 12.3, the matter shall be deemed to be a legal matter.
  10. Should the Parties fail to agree on an arbitrator within 14 (fourteen) days after giving of notice in terms of 12.3, the arbitrator shall be nominated, at the request of either Party to the dispute, by the Chairperson of the Legal Practice Council.
  11. The Parties agree that the Rules of the High Court are too cumbersome and the Parties therefore agree that the arbitrator shall determine all procedural rules for the arbitration process, but must do so in a manner that will bring the matter to a speedy and inexpensive conclusion.
  12. The arbitrator shall have discretionary powers to make orders as to any matters which he may consider proper in the circumstances of the case with regard to submissions, pleadings, discovery, and inspection of documents, examination of witnesses and any other matter relating to the conduct of the arbitration.
  13. The arbitrator shall fully motivate any of his findings and his final determination and shall make an appropriate costs order.
  14. The award of the arbitrator shall be final and binding upon all the Parties to the dispute (who hereby agree to carry out the award) unless any Party has a reasonable belief that legal grounds exist for the taking on review of the award of the arbitrator.
  15. The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose the same to anyone except for the purposes of the arbitration proceedings in terms of this clause, any review thereof and obtaining a court order.
  16. The provisions of this clause 12:
    • constitute an irrevocable consent by the Parties to any proceedings in terms hereof and no Party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions;
    • constitute a separate agreement, severable from the rest of this Contract and shall remain in effect despite termination of or invalidity for any reason of this Contract.
  17. Nothing in clause 12 shall prevent a Party from obtaining interim relief in a court of competent jurisdiction in the form of an interdict, mandamus or order for specific performance pending the outcome of any arbitration proceedings.
  18. Payment of any subscription service shall run per the applicable subscription but shall not be automatically renewed, pending the outcome of the dispute in arbitration or as otherwise directed by a competent court.

13. Termination

  1. We may terminate, disable, lock, block or suspend your access to the Site or any Product if you fail to comply, or if we suspect on reasonable grounds that you have failed to comply, with any of the TOUs. In the event of such termination, you must cease all use of the Site and/or Product, and Educess may immediately revoke your access to the Site and/or Product.
  2. All provisions which by their nature survive termination will survive the termination of these TOUs.
  3. To cancel an ongoing, paid subscription, please go to the orders page and click the cancel button (blue x) in the corresponding order therein. Once you have cancelled your subscription, Educess will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are non-refundable.

14. Contacting Us

  1. If you have any questions, comments, or requests regarding these TOUs, please contact us: