Term and Termination
This agreement shall commence when the user;
a) purchases a book, product or service through mymathsbuddy.co.za and terminates when such transaction is fulfilled, or
b) registers on the mymathsbuddy.co.za site and continues indefinitely until terminated by mymathsbuddy.co.za in terms of clause 19 hereto or for any other reason.
Use of this Website
All information, products or services available on the site or via download facilities through the site are true and accurate. Use of the information published on this site is at your own risk and you will have no recourse against the site, Palanga Publishing and/or its Directors.
With reference to download files, Palanga Publishing does not warrant or guarantee files will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Indemnification
You agree to indemnify, defend and hold harmless Palanga Publishing, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 4 (Indemnification) are for the benefit of Palanga Publishing and its officers, directors, employees and agents.
Special Admonitions for International Use
In recognition of the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. 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.
Links
The Site may provide links to non-Palanga Publishing websites or resources. Because Palanga Publishing has no control over such sites and resources, you acknowledge and agree that Palanga Publishing is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Palanga Publishing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Force majeure
Palanga Publishing shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources.
Palanga Publishing’s time for performance of any such obligation shall be extended for the time period of such delay or Palanga Publishing may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.
Governing Law
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
Security
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that mymathsbuddy.co.za suffers any damage or loss.
Any registered user agrees and warrants that its log-in name and password shall:
be used for personal use only; and not be disclosed to any third party.
The user allows mymathsbuddy.co.za to take all reasonable steps to ensure the integrity and security of the mymathsbuddy.co.za site and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site’s registered domain name are checked and verified.
Changes To Agreement
Mymathsbuddy.co.za may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Disputes
In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Palanga Publishing, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in the city named by Palanga Publishing and in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.