Terms of Service
The Learning Group appreciates the need to provide information that is accurate, up-to-date and free from errors. We endeavour to provide information that is not misleading, obsolete or incorrect. We do acknowledge that some of the information is provided to us by third parties, for example, by academic partners and regulatory bodies. The Learning Group cannot be held accountable for any errors in the information provided to us by these third parties. The Learning Group strives to provide the latest information with respect to the registration dates, examination dates and examination fees as applicable to the third parties. However, it remains the user’s responsibility to confirm such details with the relevant academic partner.
PROPRIETARY RIGHTS; RESTRICTIONS ON USE
Except for the limited licenses expressly granted herein, the Learning Group expressly reserves all right, title and interest in and to the Learning Group Script, the content of the Learning Group website, and all processing, analytics, and other software and technology used by the Learning Group in the analysis of your website and/or the provision of the Service (“Learning Group Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the Learning Group Technology conceived, reduced to practice or otherwise developed on or on behalf of the Learning Group, all of which are valuable assets of the Learning Group, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service or any Learning Group Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by the Learning Group or inconsistent with the Learning Group’s standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or Learning Group Technology, or attempt to access data of any other customer of the Learning Group; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by the Learning Group; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
You agree to indemnify, hold harmless and defend the Learning Group, at your expense, against any and all third party claims, actions, proceedings, and suits brought against the Learning Group or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Learning Group or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Learning Group Script. In such a case, the Learning Group will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. The Learning Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
The Learning Group does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond the Learning Group’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where the Learning Group or your servers are located or co-located.
LIMITATIONS OF LIABILITY
The Learning Group will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if the Learning Group has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you. The Learning Group’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the aggregate fees paid to the Learning Group for use of the service.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
The Learning Group reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Learning Group website located at http://www.learninggroup.co.za/ (or such other URL as the Learning Group may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorised representative of the Learning Group, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Learning Group has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
MISCELLANEOUS; APPLICABLE LAW AND VENUE
The Learning Group shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.