INTRODUCTION
These Terms of Use (“Terms”) govern your use of code4kids website, located at https://www.c4k.io any mobile applications, and services (the “Site”) provided by getcode4kids.com (“code4kids” or “we”). Please read these Terms before using or continuing to use the Site. Do not agree to these Terms unless you both fully understand and accept each provision.
By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.
The Site is located within the Republic of South Africa.
GENERAL TERMS
Code4Kids provides the use of this Site, subject to your acceptance of these Terms, which govern your relationship with code4kids. The term “you” or “You” or “User” or “Users” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
These Terms are entered into by and between code4kids and you, and you accept them by: (a) using the Site in any manner; and/or (b) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
If there is any provision in these Terms that you do not understand, it is your responsibility to ask code4kids to explain it to you before you accept these Terms or continue using the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall prevail.
Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.
Code4Kids may amend these Terms from time to time. By accessing the Site you are bound to the Terms published on the Site at the time of any visit to and/or usage of the Site.
These Terms apply to Users who may be consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms contain provisions which may limit the risk or liability of code4kids or a third party and/or may create risk or liability for the User; and/or may compel the User to indemnify code4kids or a third party; and/or serves as an acknowledgement, by the User, of a fact.
Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation under the CPA.
SERVICES
The Site has been developed to assist Users in implementing a coding, robotics and IT curriculum. code4kids provides software, curriculum and training materials for Users. No other services are provided by the Site.
LINKING TO OTHER WEBSITES
This Site may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those Third Party Websites and code4kids is not responsible for the practices and/or privacy policies of those Third Party Websites or the ‘cookies’ that those sites may use.
Notwithstanding the fact that the Site may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and code4kids is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
code4kids shall not be responsible for the contract or privacy policies of any websites to which the Site may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.
INTELLECTUAL PROPERTY
The contents of the Site, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Site (“Site Content”) are protected by law, including but not limited to copyright and trade mark law. The Site Content is the property of code4kids or, in certain instances, of third parties who license such content to code4kids.
Code4Kids retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.
In terms of a limited licence, granted for general use, code4kids grants the User, subject to these Terms, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.
This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of code4kids.
code4kids shall not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.
YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of the Site, you agree:
You are entirely responsible for all content, including videos and photographs, that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that:
CHOICE OF LAW
The Site is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute.
ACCURACY OF INFORMATION
While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely.The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
TERMINATING USE OF THE WEBSITE OR SERVICES
Code4kids may in its sole discretion and at any time discontinue providing the Site or the services or any part thereof, with or without notice if Code4Kids believes that your conduct is in breach with or inconsistent with these Terms.
YOUR PRIVACY
Code4kids respects the privacy of all visitors to the Site. You may use the Site without providing any personal information. However, so that Code4Kids can regularly assess and improve the Site, it may collect information on the number of visits to the site and pages viewed. code4kids has a separate Privacy Policy which is linked to the Site. By using the Site, you agree to, and warrant that you understand, the provisions of the Privacy Policy.
EXCLUSION OF LIABILITY
You expressly agree that the use of the Site and our products is entirely at your own risk.The Site and all its contents and the products are provided on an ‘as is’ basis, and code4kids makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site.code4kids does not warrant that the Site's functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.You understand and agree that code4kids is not responsible for the performance or conduct, whether on or off the Site, of any User.code4kids expressly disclaims, and each User expressly releases code4kids from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.code4kids shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly from reliance on the Site and/or its content and the products.In no event shall code4kids' total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the aggregate amount paid by you to code4kids in the calendar year during which any such liability arose.code4kids, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the Site or any functionality of the Site or of any linked website, even where code4kids is expressly advised thereof.You will indemnify code4kids, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from:
GENERAL DISCLAIMER
You agree to access and use the Site entirely at your own risk.You agree that code4kids can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify code4kids of any irregularities, to act on any instruction purporting to originate from you.You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users.To the greatest extent permissible by law, code4kids grants no warranties, express or implied, as to merchantability, fitness for purpose or the results of use of its products.
LEGAL DISCLOSURE
Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:-
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
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