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Terms of Use and Privacy Policy

When you create an account on the Everything Maths & Science website you agree to the conditions outlined below and we, in turn, agree to protect your personal information as specified. If you have any questions about our T&Cs, send us an email.

Website Terms of Use

Using this Website

  1. If you use www.everythingmaths.co.za or m.everythingmaths.co.za or www.siyavula.com or itsi.intelligentpractice.co.za or any related site then these Terms of Use apply to You. By using this Website you agree that you are bound by them. These Terms of Use are an agreement between You and the Siyavula Education (Pty) Ltd, referred to as We or US in these Terms of Use.
  2. Anyone who uses this Website, is referred to as You in these Terms of Use.
  3. You agree that in these Terms of Use the words "this Website" refers to www.everythingmaths.co.za or m.everythingmaths.co.za or www.siyavula.com or itsi.intelligentpractice.co.za or any related site operated by Siyavula Education (Pty) Ltd.
  4. These Terms of Use apply from when You first use the Website and to all your subsequent uses of the Website.
  5. You agree that the Website being made available by Us from time to time is sufficient consideration for You to agree to and abide by these Terms of Use.
  6. If You are younger than 18, or if You need the consent of a parent or guardian to enter into a contract then by using this Website you are representing to the Us that you have the consent of your parents or guardian to use this Website, and to agree to these Terms of Use. If You do not have your parent or guardian's consent you must stop using this Website straight away.
  7. You agree that the We may use technical means to block any user, including You, who is not complying with the Terms of Use.
  8. You agree that in these Terms of Use written notice includes an email, SMS (Short Message Service), written notification on a website and the like.

Payment

  1. When you make payment to Us then You do so through a 3rd party payment service and You are bound by the Terms and Conditions of the 3rd party payment service.

Personal Information

  1. We collect information from You. This information may include personal information such as your full name, your age, your South African Identity Number, the school that you attend and other personal information.
  2. We also automatically collect information that might include about your location, browser, device type, operating system and similar information. You agree that is not personal information and that we don't have to treat it as personal information.
  3. When You give personal information to us You promise that it is true and correct. If your personal information changes then you must change it on the site immediately.
  4. You agree that We can use the personal information for the purposes that You give the information. Use of the information includes all uses described as "processing" personal information in South African law.
  5. Processing of personal information includes collection, receipt, collation, storage, updating, modification, organismic, dissemination, transmission, distribution, making available, erasure and permitted marketing.
  6. You agree that We can use personal information that You give to:
    1. provide the services of Everything Maths, Everything Science, Siyavula Maths and Science, Siyavula Education and related services to You including practice, testing, providing open educational resources and giving feedback,
    2. analyse trends and patterns including of performance in schools, provinces and subjects, and include analyses of aggregated data in reports that we sell
    3. enable teachers, tutors and parents to assist learners,
    4. to communicate about Our services including advising You of and inviting You to use additional services, special offers and discounts.
  7. You agree that We can share the personal information that you give with
    1. our services providers both in and outside South Africa,
    2. if you are listed as a learner on the website then whether or not you are younger or older than 18 years of age with,
    3. your teacher,
    4. your parents or legal guardian,
    5. your tutor,
    6. potential bursars,
    7. a government official with a legally enforceable right to require the information.
  8. You are able find out what personal information is being kept by Us and how it is being used. That does not give you a right to access practice and test performance data if your paid subscription ends or is cancelled.
  9. You have the right to revoke Your agreement to the processing of your personal information. If You want to revoke your agreement to the processing then you must send an email to info@siyavula.com with "Revocation of consent to processing of personal information" in the subject line. If You do this your revocation will not be retroactive and will not affect disclosures of your information that have already been made, and will not require Us to change affect any aggregated data based in part on your personal information.
  10. You agree that we can keep and process the personal information after You have terminated your use of the Website or services if it is necessary for Us to do so for operational purposes, for evidentiary purposes or to comply with Our legal obligations.
  11. You agree that We do not store information on Your behalf and are not obliged to keep any information for You.
  12. If You are a teacher or tutor then you may be given access to personal information in respect of a specific learner in order to teach that learner. You may use that information only to teach or tutor that learner and only for so long as You have a teaching or tutoring relationship with that learner. Even during the teaching or tutoring relationship We or the learner or his or her parent or guardian to terminate your permission to use the information.
  13. If You are a bursar then You may be given access to personal information in respect of a specific learner in order to assess whether to offer a bursary to a learner. You may use that information only to assess whether to offer a bursary to a learner and only for so long as You are assessing whether to offer a bursary for a learner. Even during the time that You are making the assessment We or the learner or her parent or guardian to terminate your permission to use the information.
  14. If You are a parent or guardian of a learner then You may be given access to personal information of your child. We may terminate your permission to use the personal information of that learner by written notice to You, and that We may do so entirely in our own discretion and are not obliged to communicate any reason for the termination to You.
  1. Unless otherwise indicated, all Everything Maths, Everything Science, Everything Maths & Science, Intelligent Practice, Siyavula, and Siyavula Education marks displayed are subject to the trademark rights of Siyavula Education (Pty) Ltd.
  2. Unless indicated otherwise the copyright of all material on the Website is All Rights Reserved. You may not copy it without permission. If You want permission to copy the material You should write to info@siyavula.com.
  3. If You claim that material on the Website infringes your copyright then you should send a complaint to info@siyavula.com. You must include the following information: your full names, address, phone numbers, and email address, the name of the copyright work in which you claim a right or license, the type of work, the format of the work, the author, the date and place of origin of the work, the precise nature of your claim over the work (do you claim to be the author or a licensee?) and the legal basis for your complaint.
  4. Some material on the site is licensed under a Creative Commons Attribution Only License. That means that anyone is free to Share, and Remix that content as long as he or she attributes the author by stating the author's name, and states "From www.everythingmaths.co.za" or "From siyavula.com" [choose the link to the site from which You obtained the material]. Only material that is clearly marked with a Creative Commons license can be re-used without permission. The Creative Commons license refers only to copyright for clearly marked material and does not grant any rights over trademarks, brands, Uniform Resource Locators, patents, designs or other Intellectual Property in or related to the Creative Commons licensed material. You are permitted to reproduce all intellectual property other than Creative Commons licensed material only to the extent necessary to use this Website. If you remix the material under the Creative Commons license You may not include any logos, brand marks or trademarks in your remix except to comply with attribution requirements specified above, or suggest endorsement by Us.

Liability: Disclaimer and Indemnity

  1. You agree that while every reasonable effort is made to keep this Website running smoothly the We take no responsibility for, and will not be liable for this Website being temporarily unavailable.
  2. You agree that the information contained on this Website is provided by Us without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of fitness for any particular purpose, or non-infringement. You agree that You are aware that information may include errors or inaccuracies.
  3. You agree that you have no right to make any kind of legal claim against Us for anything to do with the this Website or the content on this Website. In other words You agree to defend, indemnify and hold the Us harmless from and against any claims, actions or demands, and liabilities including without limitation, reasonable legal and accounting fees, resulting from, or alleged to, result from Your use of this Website.
  4. You agree that the indemnity in the previous paragraphs applies to all the directors, investors, partners, employees, agents, suppliers, consultants, associates, heirs and assigns of Siyavula Education (Pty) Ltd. Those people and entities aren't parties to this agreement, so the Siyavula Education (Pty) Ltd accepts the benefit of Your agreement on their behalf. In other words the acceptance by the Siyavula Education (Pty) Ltd of the benefit is solely as a stipulatio alteri and does not create any liability, partnership or agency between the person or entity benefited and the Siyavula Education (Pty) Ltd.
  5. By using this Website you are communicating that you understand that unauthorised use of this Website or failure to adhere to these Terms of Use may give rise to the Us instituting a claim for damages against You or You may be found guilty of a statutory or criminal offence.
  6. You understand that this Website may also include links to sites created and controlled by others on the World Wide Web or other networks. You agree that it is in the nature of the World Wide Web and similar networks for sites to link to other sites, and that these links are provided for Your convenience for the purposes of providing further information. You understand and agree that these links are to sites outside Our control so that obviously We cannot be held responsible for the content of those sites. You agree that you cannot claim that links signify We endorse the site(s) linked to. You agree that even if We know that sites linked to infringe or allegedly infringe Your legal rights that it is in the nature of the Internet that links to other sites are made without imposing any duty or liability on the linking site and You therefore agree that the We have no responsibility and bear no liability in relation to the linked sites. You waive to the fullest extent allowed by law any claims that You might have in respect of any links to other websites shown on this Website.

General Terms

  1. You agree that if any of the terms in this Terms of Use is found to be invalid by any court all the other terms still bind You.
  2. You agree that We may change these Terms of Use at any time by posting the changed Terms of Use on this Website or a successor site. You should regularly check these Terms of Use for any amendments or updates.
  3. You agree that all or part of these Terms of Use, and other legally binding terms or conditions of the site may be translated from English into one or more languages and displayed on the site and that We do not warrant that any translation is accurate. If there is conflict between the English version of a provision and translation of that provision into another language then You agree that the version in English will be authoritative and bind You.
  4. You agree that these Terms of Use will be construed and interpreted in accordance with the laws of the Republic of South Africa.
  5. If you allege a complaint or claim against Us then you should send a notice setting out the grounds of your complaint or claim, your full names, address, phone numbers, and email address to the info@siyavula.com.
  6. If there is any apparent conflict between these Terms of Use and the terms of use of any other service which you use to access this Website then the two sets of terms shall be read so as not to conflict, or if that is not possible then the these Terms of Use will override the other terms of use, unless that would result in any liability on Our part.

Website Privacy Policy

THIS PRIVACY POLICY ("POLICY") GOVERNS THE INFORMATION THAT SIYAVULA EDUCATION SA (PTY) LTD ("Siyavula," "we" OR "us") COLLECTS THROUGH THE EVERYTHING MATHS, SIYAVULA, SIYAVULA EDUCATION, OR ITSI.INTELLIGENTPRACTICE WEBSITES ("Website" OR "WEBSITE") AND YOUR RELATED COMMUNICATIONS AND CORRESPONDENCE WITH SIYAVULA. YOUR USE OF THE WEBSITE AND THE SIYAVULA OR EVERYTHING MATHS & SCIENCE PRODUCTS AND SERVICES IS SUBJECT TO THIS POLICY. BY USING THIS WEBSITE, YOU SIGNIFY YOUR CONSENT TO PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY TERM IN THIS POLICY, PLEASE DO NOT USE THIS WEBSITE OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THIS WEBSITE.

Information Collection and Use

  1. Siyavula and/or its authorised technology agents collect certain Personal Information from You in connection with the Your use of the Website and/or the products and/services provided to You by Siyavula.
  2. For the purpose of this Privacy Policy, Personal Information is defined in accordance with the definition in the Act. In particular, however, Siyavula collects information such as:
    1. first name and surname,
    2. email address,
    3. cell phone number,
    4. grade,
    5. gender,
    6. name of school,
    7. South African identity number,
    8. self-reported school results,
    9. designation as a learner, teacher, or parent, from the following persons: school learners, educators and any individual who chooses to register on the Siyavula Website.
  3. Your Personal Information is used to provide You with the requested products and/or services; enable ease of use of the Website; process transactions concluded by You; engage in electronic communications and transactions with You; to administer promotions or survey or similar interactive activity; or to provide You with newsletters or other periodic communications and/or marketing materials.
  4. Personal Information is automatically collected in relation to Your visit to the Website, such information includes but is not limited to: Your browser type and version, as well as Your operating system and Your device type.
  5. Cookies are small files send from a Website to a User's computer drive that can be used to track when a User visits and re-visits a Website and how they behave on a Website. Siyavula may Use cookies to identify the device with which You access Our Website and We may use anonymous cookies to determine Website Usage analytics and statistics in order to optimise the Website. You are able to manually delete cookies from Your browser or set Your browser to reject cookies. However, certain pages or features may not be available or work correctly if You have set Your browser to reject cookies.
  6. Siyavula uses Google Universal Analytics, which supports data collection without browser cookies. It helps Us to understand user interaction with Our Website and implement changes that evolve the Website to suit Your needs. You can opt out of Google Analytics by installing the Google Analytics opt-out browser add-on here: https://tools.google.com/dlpage/gaoptout.
  7. The Website hosting agents and/or service providers may automatically log Your "IP address" which is a unique identifier for Your computer and/or other access device. Such information collected is for aggregate purposes only and cannot be used to identify You personally.
  8. In the event that You subscribe to newsletters and/or to receive further information through other periodic communications, from Siyavula, Your Personal Information will be processed by Siyavula to provide You with such information and associated processes. All Siyavula communications shall contain an unsubscribe link and by following the unsubscribe process You shall be removed from the relevant distribution list and Siyavula shall no longer send You the subscription information.
  1. You understand that Your consent to the processing of your personal information by Siyavula pertains to the provision of the Siyavula, or Everything Maths & Science products and services; as well as associated purposes. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
  2. This consent is effective on access of the Website and will endure until Your relationship with Siyavula has been terminated.
  3. You expressly consent to Siyavula retaining Your Personal Information once your relationship with Siyavula has been terminated for: aggregate, statistical and reporting purposes.
  4. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Siyavula to remove and/or delete Your Personal Information entirely, You must notify Siyavula via email to the Information Officer, Dr Mark Horner: mark@siyavula.com
  5. By Using Our Website, You represent that You are of the age of 18 or that a Competent Person has given consent to allow Your minor child to utilise Our Website. You, or a "Competent Person" in the case of a minor, consent/s to the processing of personal information that belongs to You or, in the case of a minor, to the minor for whom You are responsible, in the manner described in this Policy. You agree that giving such consent means that You have given Siyavula permission to collect and process the child's personal information in the ways described in this Policy.

Handling of Personal Information

  1. Siyavula endeavours to comply with all laws and regulations applicable to Siyavula pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and Protection of Personal Information Act 4 of 2013 ("the Act"). Siyavula applies the principles of protection of personal information under such Act in further legislation referred to in the Act.
  2. You have the right to correct Your Personal Information as well as to revoke Your consent to the processing of Your Personal Information by Siyavula. You do however understand that Siyavula requires Your Personal Information to render the Siyavula products and/or services and should You decide to revoke Your consent Siyavula may not be able to provide You with such products and/or services.
  3. Siyavula will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms. Only a limited number of Siyavula employees can access Your personal information. All access is password-protected and all passwords are encrypted. Our database servers are accessible internally as per the server configurations and only accept secure connections. Our server is configured with a firewall and We conduct regular security updates of all server software.
  4. Should an unauthorized person/s gain access to Your personal information. Siyavula will contact You within a reasonable time to inform You of the security breach.
  5. Siyavula seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.
  6. Siyavula may share Your personal information with authorised third parties persons such as employees and service providers to Siyavula. Siyavula does not permit these parties to use such information for any other purpose than to perform the services that Siyavula has instructed them to provide.
  7. From time to time, Siyavula may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa, or alternatively the country in which You reside. In these circumstances Siyavula will be required to transmit Your Personal Information outside South Africa, or alternatively outside the country in which You reside. The purpose of the trans-border flow of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information. Furthermore, You warrant in this regard that You have obtained the necessary consents required in terms of the Act, in order to enable the trans-border flow of any personal information submitted by You. Siyavula warrants in this regard that it shall only engage the services of third parties (in relation to the aforesaid trans-border flow of information) which subscribe acceptable safeguards in accordance with Siyavula's legal obligations.
  8. Siyavula will not sell, exchange or transfer Your Personal Information to any third party except as required in the provision of the Siyavula products and/or services and in accordance with the consents provided by You.
  9. Siyavula will make amendments and/or updates to this Privacy Policy on occasion. Amendments made to this Policy shall become immediately effective. We encourage You to periodically review this Privacy Policy to keep informed about how We are protecting Your personal information. You can find the last date of change made to the Privacy Policy above for Your reference. Your continued Use of the Website evidences Your acceptance of this Privacy Policy and any updates made to it.

Disclosure of Personal Information

  1. Records relating to the provision of the Siyavula products and/or services by Siyavula to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Siyavula's operational purposes and/or for production as evidence by Siyavula in legal proceedings.
  2. Siyavula may disclose Your Personal Information under the following circumstances:
    1. To comply with the law or with legal process;
    2. To protect and defend Siyavula's rights, equipment, facilities and other property;
    3. To protect Siyavula against misuse or unauthorised use of the Website and/or products and/or services; and/or
    4. To protect other Website Users or third parties affected negatively by Your actions in use of the products/services and/or the Website

Objections, Complaints and Queries

  1. Should You require a correction to be made to Your personal information that Siyavula keeps on record, or a copy of the record itself, or should You feel that You would like to object to the collection, Use or processing of Your personal information by Siyavula, then kindly send an e-mail to our Information Officer, whose name and details are listed below. We will endeavour to make the correction, provide You with the record (We reserve our right to charge a small fee in this case) cease processing of Your personal information and/or delete it, in accordance with Your request.

INFORMATION OFFICER: Dr Mark Horner

ADDRESS: The Open Innovation Studio, 27 Buitenkant Street, Cape Town, 8001

EMAIL ADDRESS: mark@siyavula.com

TELEPHONE: 021 469 4771