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1. This website and its content are copyright of Edu Tech Institute (Pty) Ltd (“Edu Tech”) 2020. All rights reserved.
2.1 “Edu Tech” shall mean Edu Tech Institute (Pty) Ltd;
2.2 “User/ Customer” shall mean the party who has purchased any products from Edu Tech, including but not limited to schools, parents or any other third parties.
2.3 “Subscription period” shall mean the period from date of purchase to date of termination of use of Mindspark or other products of Edu Tech. Subscription period may vary depending on the package chosen by the respective client.
2.4 “Date of Renewal” shall mean the day after the date on which the subscription would lapse or terminate.
3. No party may reproduce or redistribute any content on this website, or part thereof, without prior written consent of Edu Tech.
4. Edu Tech hereby grants to the user/ customer a non-exclusive, non-assignable and non-transferable, right to access "Mindspark" or other products of Edu Tech solely for usage by customer only.
5. The User/ Customer cannot grant access to the techniques and practices associated with Edu Tech’sproducts or any rights therein to any third party. Further, the customer gives an unconditional undertaking to Edu Tech that it shall not otherwise use or exploit Edu Tech’sproducts for any use or purpose except as expressly set forth hereunder.
6. By agreeing to the terms and conditions of Edu Tech, the customer further acknowledges and agrees to all terms and conditions of Educational Initiatives India (“EI”) and hereby undertakes to familiarise themselves with all EI’s terms and conditions which can be found on EI’s website atwww.ei-india.com and www.mindspark.in
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Edu Tech is the sole and exclusive owner and retains all right, title, copyright and other proprietary rights in all Edu Techproducts, of all the material and content on this website, including but not limited to any other work owned by Edu Tech, and all the Updates, modifications and all versions of each. Any developments in Mindspark or any products including without limitation to inventions, design, layout, images, documents, files, trade secrets, photographs, content, graphics, sound, videos, trade-dress, trademarks, patents, inventions, copyright is the sole and exclusive property of Edu Tech and is protected by all the applicable laws, including, without limitation copyright, trademark, trade-names, patents, designs, internet domain names, data protection, IT Act, privacy and publicity rights and other rights and statutes. Use of any Edu Tech Content without the prior express written permission of Edu Tech and license to use is strictly prohibited. All rights, title, ownership, intellectual property rights and proprietary rights in the Edu Tech Content shall always remain with Edu Tech and shall not pass on to the School, their representatives or any third party at any time.
7.2 The user/ customer does not acquire any rights, express or implied, other than those specified in this Agreement. The user/ customer agrees to secure and protect access and usage of Mindspark and modifications in a manner consistent with maintaining Edu Tech’s rights therein. Violation of Edu Tech’s intellectual property rights shall be the basis for immediate termination of services, which shall be in addition to and not in lieu of any equitable remedies available to Edu Tech.
7.3 Upon knowledge of any unauthorized possession, use of, or access to, Mindspark, the user/ customer shall promptly notify Edu Tech and furnish Edu Tech with full details of such knowledge, assist in preventing any recurrence thereof, and cooperate in any litigation or other proceedings reasonably necessary to protect the rights of Edu Tech.
7.4 The user/ customer shall make all efforts to protect the Intellectual Property Rights of Edu Tech and in connection with the execution and performance under this Agreement, the user/ customer shall not knowingly infringe any patent, copyright, trade secret, mark, work right or any other proprietary right of EI.
8. Each subscription covers a period of time determined by the package chosen by the user/ customer. The subscription period would be counted from the date of payment. It would end on the date determined by the duration of the package.
9. The user/ customer acknowledges that full payment is due on the first day of the subscription period.
10. The performance of Mindspark in terms of computer response may vary according to the speed of internet used by the customer. We recommend a landline broadband connection for Mindspark. We would not be responsible for any response related issues due to internet speed quality at the customer's end.
11. Any disruption to the usage of Mindspark due to inadequate hardware in working condition, including but not limited to computers and broadband internet access will be the sole liability of the customer. It will remain the customer's responsibility to ensure that there is adequate hardware in working condition at all points in time.
12.1 The user/ customer’s subscription shall be automatically renewed for successive periods until the end of Grade 10, unless terminated by the user/ customer by notice in writing to Edu Tech, which notice must be given to Edu Tech by no later than 60 (sixty) days prior to date of renewal.
12.2 In the event that the subscription is renewed for subsequent periods, the user/ customer shall be liable to pay the costs of the package chosen and the user/ customer acknowledges that the said costs may vary from time to time.
12.3 In the event of early cancellation of subscription,the user/ customer may continue to use the product/s until their account automatically closes at the end of the current billing period — even if they are on a free trial.
13 Remedy for Breach
13.1 The Customer agrees that through this service offerings, the customer will have access to and become acquainted with Confidential and proprietary information of Edu Tech, the unauthorized use or disclosure and any breach of this terms and conditions would cause irreparable harm injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be adequate remedy. Accordingly, both Parties agree that, in addition to any all and legal remedies available to Edu Tech for the customer's breach of this terms and conditions, Edu Tech shall be entitled to injunctive and other equitable relief in the event of any such breach the customer or its representatives.
14.1 The User/ Customer shall defend, indemnify and hold Edu Tech and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs) arising out of or in connection with liabilities or obligations imposed or attempted to be imposed upon Edu Tech, by breach of this Agreement or as a result of claims by third parties. Such indemnification is in addition to Edu Tech's right to terminate for a breach of representations and warranties and is not a waiver or limitation of Edu Tech's other rights or remedies.
14.1 Edu Tech does not make any other warranties, express or implied, regarding Mindspark, or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Edu Tech shall not be liable to the School or any other person or entity for any punitive, special, indirect, consequential, incidental or other special damages, cost or losses arising out of this Agreement, even if Edu Tech has been advised of the possibility of such damages, costs or losses. No action, regardless of form or nature, arising out of this Agreement may be brought by or on behalf of any party more than six (6) months after the cause of action first arose.
15 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, Edutech shall not be liable for any damage, loss or liability of whatsoever nature arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time; the use or inability to use this website or the services or content provided from and through this website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be uninterrupted and error free.
16 This agreement shall be governed by the laws of the Republic of South Africa and any dispute in terms hereof shall be within the jurisdiction of the relevant court of the Republic of South Africa.
17 Edu Tech makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors.
19 What is our Returns policy? Users/ Customers have a general 15 (fifteen) day free trial during which they may opt to cancel their subscription. Therefore, we have a no returns policy. Once your 15-day trial expires, the subscription cannot be cancelled, and no refunds are made. However, if you have accidentally placed two orders on the same day (inadvertently made duplicate transaction), we cancel and refund one order on written request from the customer with proof of transaction.
20 Can I return a part of my order? No.
21 How long will the return process take? Once your return request has been placed with Customer Service, it usually takes 7-10 days to initiate refund. The receipt of the payment would depend on the mode of payment chosen by you.
|REFUND METHOD||REFUND RECEIPT TIME (AFTER INITIATION)|
|Bank Transfer/ EFT||2 – 4 business days|
|Debit Card||5 – 7 business days|
|Credit Card||7 – 21 business days|
For Debit Card and Credit Card transfers the time taken for refund depends finally on the bank. Though we would love to expedite the same, our hands are tied.
24 By providing your personal information to Edu Tech you acknowledge that it has been collected directly from you and you consent to its processing by Edu Tech.
25 Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the processing of that informationis governed by the Protection of Personal Information Act 4 of 2013 and other laws of the Republic of South Africa.
26In light of the Electronic Communications and Transactions Act 25 of 2002, Edu Tech may use personal information collected to compile profiles for statistical purposes only. No information contained in the profiles or statistics will be able to be linked to any specific user.
27Edu Tech takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
29 For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies,visit http://www.allaboutcookies.org/manage-cookies.