TERMS AND CONDITIONS


1. AGREEMENT

1.1. Edublox Online Tutor (Pty) Ltd, Registration Number: 2020/25114/07 (“Edublox”) offers educational services by way of online programmes, live tutor sessions and/or other online courses.

1.2. The registration forms and documents linked to this application for services (“Registration Form”), together with the following provisions constitute the whole agreement (“Agreement”) between Edublox and the client (“Client”) identified in the Registration Form.


2. EDUBLOX PLATFORM TERMS OF USE

2.1. The online services subject to this Agreement are offered and made available via the Edublox website located at www.edubloxtutor.com, as well as any related mobile platform, applications and widgets (collectively referred to as “Edublox Platform”).

2.2. This Agreement is supplemented by the Edublox Platform’s terms of use which is incorporated into this Agreement by reference. By accepting this Agreement, the Client hereby accepts, without modification, the Edublox Platform terms of use as published on the Edublox Platform from time to time. It is the responsibility of the Client to periodically familiarise himself/herself with the Edublox Platform’s terms of use.


3. SERVICES

3.1. The Client registers and purchases the specific services stipulated in the Registration Form (“Service”). The Client registers the learner(s) as identified in the Registration Form (“Learner”) to receive the Service. Edublox shall render the Service to the Learner for a fixed period of time as specified in the Registration Form.

3.2. The Client is fully responsible for the choice of Service and is required to familiarise himself/herself with the requirements and the rules in respect of such Service, as published on the Edublox Platform.


4. SERVICE FEES

4.1. The Client shall pay all fees arising from this Agreement (“Service Fees”) in advance of the performance of the Services. The Service Fees shall be payable in accordance with the amounts and dates detailed in the Registration Form.

4.2. In the event the Client fails to pay any portion of the Service Fees prescribed in the Registration Form, Edublox shall not grant the Client or the Learner access to the Services.

4.3. Service Fees must be paid by electronic funds transfer into the bank account detailed in the Registration Form. All payments in terms of this Agreement shall be without off-set or deduction whatsoever.


5. ONLINE LIVE TUTOR CLASSES (“SESSIONS”)

5.1. Sessions assigned to the Learner are fixed, compulsory and provided by Edublox in accordance with any schedule agreed upon between Edublox and the Client. Edublox may alter such schedule from time to time at its sole discretion.

5.2. Edublox may allow the Client to select preferred tutors, however the Client shall have no right or expectation to be assigned the selected tutor. Edublox shall take the Client’s selection into account, however all tutor assignments shall be made at Edublox’s sole and absolute discretion. Tutors shall be assigned to Sessions based on a number of factors, including the tutor’s availability, schedule, workload, skill and experience. Edublox shall be entitled to change any tutor assigned to any Session without notice to the Client.

5.3. No refunds shall be given for any Sessions, or part thereof, not attended by the Learner for whatever reason.

5.4. In the event that a Client notifies Edublox at least 24 hours in advance that a Learner shall not be able to attend a Session, Edublox shall endeavour to offer a seat in an alternative Session to that Learner, subject to availability and in the sole and absolute discretion of Edublox. Edublox is under no obligation to accommodate a Learner with alternative Sessions should a Session be missed. No alternative Sessions shall be available in the event the Service term has expired. If the Client fails to reschedule a Session at least 24 (twenty four) hours in advance, such Session will be deemed as completed and will be deducted from the number of remaining Sessions in the Client’s account.

5.5. In the event the Learner is more than 10 (ten) minutes late for a Session for any reason whatsoever, the tutor may cancel the Session or refuse the Learner access to the Session. Such Session will be deemed as completed and will be deducted from the number of remaining Sessions in the Client’s account.

5.6. If the Learner fails to attend a Session on the scheduled starting time and the tutor, at its sole and absolute discretion, allows the Learner to enter the Session during the scheduled time period, such Session shall be concluded upon the scheduled ending time, and, neither the Learner nor the Client can request the Session be postponed or extended. Such Session will be deemed as completed and will be deducted from the number of remaining Sessions in the Client’s account.

5.7. In the event the tutor is more than 10 (ten) minutes late for a Session, or the tutor cancels the Session or stops teaching prior to the scheduled ending time, due to no fault of the Learner or Client, or the Edublox online platform or Service experiences system outages, then the Client may reschedule such Session, and such Session will not be deducted from the number of remaining Sessions in the Client’s account. Other than the right to reschedule the same Session as provided herein, the Client agrees that Edublox and any tutor shall not be responsible or liable for: (i) the unavailability of the Session during the scheduled time period; (ii) any loss of materials, data, transactions or any other information or materials caused by such system outages; (iii) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (iv) any outages caused by any third parties, including without limitation, any companies or servers hosting the Session, any internet service providers, any third party platforms, or any internet facilities and networks.

5.8. The Client undertakes to ensure the Learner behaves appropriately during a Session and adheres to all instructions given by the tutor. Edublox reserves the right, in the event the Learner persists with improper or disruptive behaviour, to stop all Services before completion of the Session. The Learner must at all times respect the rights of Edublox, the tutor as well as that of the other learners attending the Session (if any). The Client is responsible for any harm done to others by the Learner while attending the Session.

5.9. While the health and safety of the Learners is a priority for Edublox, Edublox cannot guarantee the health and safety of the Learner.


6. 30 (THIRTY) DAY MONEY-BACK GUARANTEES

6.1. Subject to the following terms, if the Client is not completely satisfied with the Service and the Client cancels the Service or terminates the Client’s account with Edublox within 30 (thirty) days of signing up for such Service or registering such account, the Client will be given a full refund.

6.2. Edublox offers a 30 (thirty) day money-back guarantee for specific Services only, as stipulated on the Edublox Platform. The 30 (thirty) day money-back guarantee shall not apply to any online live tutor services.

6.3. The 30 (thirty) day money-back guarantee applies to the Service Fee only and does not apply to administrative fees or any fees for any other additional products and/or services not included in the Service Fee.

6.4. The Client’s eligibility in respect of the 30 (thirty) day money-back guarantee shall be subject to the following:

6.4.1. The Client must provide Edublox with a written request to cancel and refund a Service within the first 30 (thirty) days from the date of receipt of such Service;

6.4.2. Only first-time purchases are eligible for a refund. If the Client has previously purchased a particular Service, the Client will not be eligible for a refund in respect of the same Service;

6.4.3. Each Client is eligible for a single refund. If the Client has multiple accounts with Edublox or the Client has cancelled accounts and signed up again, the Client will not be eligible for a second or further refund in respect of such additional accounts;

6.4.4. A Client who is in breach of this Agreement will not be eligible for a refund;

6.4.5. If, in Edublox’s sole discretion, it is determined that the Client has made significant use of the Service (that is typically eight or more online sessions), the Client will not be eligible for a refund. The use of the Service shall be considered taking into account the Client’s activity-history in respect of the Service, including the duration the Service was used, the last date the Client accessed or used the Service and the Client’s progression through the Service.


7. COMMERCIAL USE BY LEARNING INSTITUTIONS

7.1. The Service may be used by learning institutions for commercial purposes (“Commercial Client”).

7.2. As part of any license granted to a Commercial Client in terms of this Agreement:

7.2.1. Only students who are enrolled with such Commercial Client may be registered as Learners and linked to such Commercial Client in order to make use of the Services;

7.2.2. Commercial Clients may elect to charge their own clients a fee to use the Services;

7.2.3. The Commercial Client must appoint a representative (“Administrator”) who shall:

7.2.3.1. Be granted administrative rights to register, amend and delete Leaner profiles on the Edublox Platform as well as determine certain functionalities and limitations of such Learners in respect of access to the Edublox Platform and/or Services. The Administrator must provide accurate and complete registration information when registering a Learner and shall ensure that Learner information is kept up-to-date at all times and notify Edublox immediately of any change thereto; and

7.2.3.2. Be required to choose a username and password in order to log-in to the Commercial Client’s account. The Administrator is responsible for keeping these details safe and confidential. Edublox shall not be responsible for any losses suffered as a result of the Administrator’s failure to keep such username and password secure and confidential; and

7.2.3.3. Be responsible for performing all Client-administration functions on behalf of all Learners linked to such Commercial Client. The Commercial Client will be responsible and liable for any activity, including purchases, performed by using the Administrator’s log-in credentials; and

7.2.3.4. Function as the point of contact for all Leaners (including the parents/guardians of such Leaners). Edublox shall not be required to communicate or engage directly with such Learners (or the parents/guardians of such Learners) but shall be entitled to do so at its sole and absolute discretion; and

7.2.3.5. Be responsible for accessing and distributing Learner progress reports or any other downloadable content (“DLC”). Edublox shall not be required to furnish any DLC directly to Learners (or the parents/guardians of such Learners) but shall be entitled to do so at its sole and absolute discretion.

7.2.4. Edublox/Licensed Agent may provide introductory training for the appointed Administrator.

7.2.5. Edublox/Licensed Agent will provide support to the Administrator when required. Support services are provided via e-mail with a 48-hour maximum response time. Edublox/Licensed Agent may engage with the Administrator via alternative online electronic communication platforms (Zoom, Google Meet, MS Teams, etc) if required;

7.2.6. Learners may access the Services on the premises of the Commercial Client as well as other locations (e.g. home);

7.2.7. Commercial Clients are required to provide the relevant level of supervision when Learners make use of the Service as part of the Commercial Client’s service offering. One facilitator to supervise a maximum of 10 (ten) Learners.


8. FIXED-TERM CONTRACTS

8.1. In respect of any Service subscribed to in terms of a fixed term contact:

8.1.1. The Client may request to cancel a fixed-term contract at any time by providing Edublox/Licensed Agent with 3 (three) months prior written notice thereof;

8.1.2. If the request is approved, on cancellation of a fixed-term contract, the Client will be liable for:

8.1.2.1. A cancellation fee of 20.00 (twenty) United States Dollars (“USD”). The cancellation fee is fixed and shall be charged at the USD exchange rate at the time the charge is issued. The Client shall be liable for the total amount stipulated. Any increase or decrease in the actual price charged and/or amount paid, due to a fluctuation in foreign currency or other transaction fees, shall be for the Client’s own risk and Edublox shall not be liable for any losses incurred by the Client as a result of timing differences or for any other reason whatsoever; and

8.1.2.2. The total fixed-term contract price, proportional to the number of months the contract endured (including the notice period).

8.1.3. Edublox/Licensed Agent shall be entitled to retain the above-mentioned amounts and refund the balance of any monies paid in respect of the cancelled fixed-term contract.

8.1.4. In the event a discount is granted in respect of a fixed-term contract and such contract is cancelled for any reason whatsoever, the Client shall be charged the non-discounted price payable for such Product pro rata to the number of months such contract endured until the date of cancellation (including the notice period).


9. INDEMNITY

9.1. The Client indemnifies Edublox as well as its employees, contractors, representatives, agents, franchisees and distributors (“Indemnified Parties”) against all liabilities, losses, damages, penalties, costs, expenses, legal fees and disbursements (which shall be recovered on an attorney and own client scale) and any other costs incurred by the Indemnified Parties as a result of any action, claim, demand or proceeding brought against them, arising out of the wilful or negligent act or omission or breach by the Client or the Learner of any of the terms or conditions of this Agreement as well as any damage, loss, injury or death suffered by the Client or the Learner.


10. INTELLECTUAL PROPERTY

10.1. Edublox or its affiliates owns or holds a license in respect of all rights, title and interest in and to all information and material utilised in rendering the Service as well as all intellectual property pertaining to the “Edublox” business, including the “Edublox” name, trading name, products, educational programmes, logo and/or image, whether they capable of registration or not. All information, material and documents forming part of the Services is subject to copyright and/or other trademark and/or intellectual property protection and any unauthorised reproduction or use thereof is prohibited.


11. NON-SOLICITATION

11.1. The Client undertakes and warrants to, and for the benefit of, Edublox that during the subsistence of this Agreement and for a period of 3 (three) months after the termination of this Agreement (for any reason whatsoever), the Client shall not directly or indirectly cause, persuade, induce, solicit, encourage, communicate or furnish any information or advice to any employee, agent, supplier or service provider of Edublox for the direct or indirect purpose of inducing or causing such employee, agent, supplier or service provider to leave the employ of, or association with, Edublox and/or become employed or associated in any manner whatsoever with the Client. Accordingly, the Client undertakes for the duration of this Agreement and for 3 (three) months thereafter not to privately contract with any employee, agent, supplier or service provider of Edublox for the rendering of services similar to the business conducted by Edublox. The Client acknowledges and agrees that the restriction of this clause is fair and reasonable and that the limitation imposed by this clause is reasonable in order to protect the interests of Edublox. In the event the Client violates the provisions of this clause, Edublox shall, without prejudice to any other rights it may exercise, be entitled to claim from the Client all consequential damages resulting from such breach.


12. POPI

12.1. The Client hereby consents to Edublox:

12.1.1. Recording (by video or audio) the Learner’s Sessions for quality control, safety and security purposes; and

12.1.2. Edublox using the Client’s usage data in respect of the Service to monitor activity-history and improve services; and

12.1.3. Processing the Learner’s personal information, in accordance with Section 35 of Protection of Personal Information Act 4 of 2013, to enable Edublox to perform is obligations in terms of this Agreement and the Client warrants that, in respect of the Learner, it is legally competent to consent to the above.

12.2. All recordings are the property of Edublox.


13. ACKNOWLEDGEMENTS & WARRANTIES

13.1. The Client hereby acknowledges and warrants that:

13.1.1. It has the legal capacity to enter into this Agreement and is able to fully comply with the applicable provision contained herein;

13.1.2. That it is duly authorised to grant all permissions, consents and warranties stipulated in this Agreement as they pertain to the Learner;

13.1.3. All information provided on the Registration Form is true, accurate and is a material term of this Agreement;

13.1.4. He/she is fully familiar, and shall comply, with other laws applicable to the Learner’s education; and

13.1.5. It is not relying upon any statement or representation except those expressly set forth in this Agreement and has been free to secure independent professional advice as to the nature and effect of this Agreement.


14. NOTICES

14.1. The Client nominates as its domicilium citandi et executandi, for all purposes under this Agreement whether in respect of court process, notices or other documents or communications of whatsoever nature, the email address and physical address as stipulated on the Registration Form. Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing, however it shall be competent to give notice by email. A written notice directed to any address and actually received by the Client shall be adequate notice.


15. BREACH & TERMINATION

15.1. If the Client is in breach or fails to observe any of the provisions of this Agreement, Edublox shall in addition to any other remedies available to it in law be entitled to stop all Services and refuse the Learner access to the Services until such time as the breach has been remedied or terminate this Agreement by written notice to the Client (with immediate effect).


16. GENERAL

16.1. No addition, variation, waiver, suspension, deletion, or agreed cancellation of any provision of this Agreement or settlement of any disputes arising from this Agreement shall be binding, or of any force or effect, unless in writing and signed by the parties to this Agreement. Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be treated as unwritten, without invalidating the remaining provisions of this Agreement. No indulgence by any Party in respect of any matter arising from this Agreement shall be construed to affect any of such Party’s rights in terms of, or arising from, this Agreement.

16.2. The Client hereby agrees that the law of the Republic of South Africa shall govern this Agreement, and further agrees to the jurisdiction of the Magistrate's Court.

16.3. The rights and duties of the Client, contained in or arising out of this Agreement, may not be ceded or assigned without Edublox’s prior written consent.