X-Kit
Terms & Conditions

Legal statement: Introduction

Published on 25 March 2016.

Please read these Terms and Conditions carefully before using the http://xkit.mobi website and the X-kit Achieve Mobile application (the "Service") operated by Pearson Holdings Southern Africa (Pty) Ltd.

This Pearson service is published "as is" without any warranty of any kind, express or implied, as to the operation of our service, the accuracy of the information or the products or services referred to on the website or application/s and we shall not be liable for any losses or damage that may result from use of the service as a consequence of any inaccuracies in, or any omissions from, the information which it may contain.

Copyright in these pages is owned by Pearson Holdings Southern Africa (Pty) Ltd or its licensors, except where otherwise indicated by a third party's proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. "Pearson" is a registered trade mark of Pearson plc.

Content and information provided by third parties other than Pearson Holdings Southern Africa (Pty) Ltd is identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness.

Pearson accepts no responsibility for content on any website or application belonging to a company outside of the Pearson group of companies to which a hypertext link from this service exists, or for use of personal data by the third party operating such a service. Any such links are provided "as is" with no warranty, express or implied, for the information provided within them.

This service uses cookies. Continuing to use this service gives consent to cookies being used. For more information see our Privacy Policy and Cookie Policy.

Terms of Use

This page (together with the documents referred to on it) informs you of the terms of use on which you may make use of our service, whether as a guest or a registered user, and regardless whether you access it from a web browser or from another third party mobile platform or by any other means. Using our service indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not agree to these terms of use (or are not authorised to do so on behalf of your business or work), please refrain from using our service. If you use our service in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.

1. INFORMATION ABOUT US

This site is operated by Pearson Holdings Southern Africa Pty Ltd and its affiliates, subsidiaries and divisions ("us", "we" and "our"). We are registered in Cape Town, South Africa under South African Company Number 1960/001010/07 and with our registered office at 4th Floor, Auto Atlantic, Cnr Hertzog Boulevard & Heerengracht Street, Cape Town, South Africa, 8001.

2. ACCESSING OUR SERVICE

2.1. You acknowledge that the terms of use of this service are supported by reasonable and valuable consideration, the receipt and adequacy of which is acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the service and receipt of data, materials and information available at or through our service. We recommend that you print and save a copy of these terms and conditions for your records.

2.2. You may access some areas of our service without registering your details with us. Most areas of the service may only open to you if you register. From time to time, we may restrict access to some parts of our service, or our entire service, to users who have registered with us.

2.3. Access to our service is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We may change or delete the content or any features at any time, in any way, for any or no reason. We will not be liable if for any reason our service is unavailable at any time or for any period. We may in exceptional circumstances cease to offer the service, publish the content or to provide subscription services. If we do so, then we will have no further obligation to you. If the need arises, we may suspend access to our service, or close it indefinitely. Any of the material in our service may be out of date at any given time, and we are under no obligation to update such material.

2.4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.5. If you have access to student user information due to your position as an educator, you must treat such information as confidential, and you must not disclose it to any other third party.

2.6. In order to access the service, you must have a mobile device that has internet access and have mobile data enabled. Mobile network fees may apply. You are responsible for making all arrangements necessary for you to have access to our service. You are also responsible for ensuring that all persons who access our service through your internet connection are aware of these terms, and that they comply with them.

2.7. You may not use or transact on this service or submit any content or information (including without limitation any personal information) without the permission of the bill-payer (i.e. the person whose mobile or other account will be used to finance transactions on the service).

2.8. You may not use or transact on this service or submit any content or information (including without limitation any personal information) unless you are 18 (eighteen) years of age or older or, if you are younger than 18 years, unless you have the necessary consent and/or assistance of your parent or legal guardian.

2.9. Pearson Holdings Southern Africa (Pty) Ltd is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Pearson Holdings Southern Africa (Pty) Ltd may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. All information, materials, functions and other content contained on our service are our copyrighted property or the copyrighted property of our licensors or licensees. All such rights are reserved. All trademarks, service marks, trade names, and logos are proprietary to us and/or our licensors or licensees.

3.2. You may print off one copy, and may download extracts, of any page(s) from our service for your personal reference and you may draw the attention of others within your organisation to material posted on our service.

3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4. Our status (and that of any identified contributors) as the authors of material on our service must always be acknowledged in your use of our intellectual property rights.

3.5. You must not use any part of the materials on our service for commercial purposes without obtaining a licence to do so from us and/or our licensors.

3.6. If you print off, copy or download any part of our service in breach of these terms of use, your right to use our service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3.7. Except as set out above no part of our service may be reproduced or stored in any other website or application or included in any public or private electronic retrieval system or service without our prior written permission.

4. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our service, or by anyone who may be informed of any of its contents.

5. USER GENERATED CONTENT

5.1. Our services may include discussion forums and blogs that allow interaction between users and between users and our staff (we call these "Forums"). We call the information posted to these forums or blogs by users "User Generated Content" or "UGC".

5.2. If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on our service so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting us a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on our service or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.

5.3. You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

5.4. You agree that you will:
5.4.1. only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
5.4.2. not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
5.4.3. not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
5.4.4. not post, link to or otherwise publish any UGC that is threatening, abusive, libellous, indecent or otherwise unlawful.
5.4.5. not disguise the origin of any UGC and not impersonate any person or entity (including our employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
5.4.6. not post or otherwise publish any UGC unrelated to the Forum or the Forum's topic.
5.4.7. not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of our service or any computer software or equipment.
5.4.8. not collect or store other users' personal data.
5.4.9. not restrict or inhibit any other user from using the Forums.

5.5. The Forums contain UGC submitted by users over whom we have no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.

5.6. It is not possible for us to fully monitor all UGC published on our services but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from our service and act accordingly. If you believe that any UGC published on our service infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at pearsonza.enquiries@pearson.com.

6. OUR LIABILITY

6.1. The material displayed on our service is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
6.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our service or in connection with the use, inability to use, or results of the use of our service, any websites or applications linked to it and any materials posted on it, including, without limitation any liability for:
6.1.2.1. loss of income or revenue;
6.1.2.2. loss of business;
6.1.2.3. loss of profits or contracts;
6.1.2.4. loss of anticipated savings;
6.1.2.5. loss of data;
6.1.2.6. loss of goodwill;
6.1.2.7. wasted management or office time; and
6.1.2.8. for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

6.2. To the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these terms of use or of our services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be deemed to have prescribed.

7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SERVICE

7.1. We process information about you in accordance with applicable law and our privacy policy. By using our service, you consent to such processing and you warrant that all data provided by you is accurate.

7.2. On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable registration, subscription and/or user profile pages. We are entitled to rely on any information you provide to us.

7.3. You are responsible for all use of our service made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.

7.4. If you provide us with an email address or mobile number that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or school) then you warrant that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.

8. TRANSACTIONS CONCLUDED THROUGH OUR SERVICE

Contracts for the supply of goods or services ("Contracts") formed through our service or as a result of visits made by you are governed by our terms and conditions of supply. In this regard, please note that any sales of goods or services formed through our service are geographically limited to South Africa only.

9. TERMS AND CONDITIONS OF SALE

9.1. Sale of Services
9.1.1. These Terms and Conditions of Sale govern the sale of electronic or digital content and/or services ("Services") by us to you via the website or application. The Terms and Conditions of Sale recorded in this clause 9 are in addition to our standard terms and conditions of (a) supply of goods or services; and (b) use of the Website or application, which can be viewed at http://www.pearson.co.za or obtained from our Customer Experience team.
9.1.2. The following terms shall apply in respect of the sale of Services via our website or application:
9.1.2.1. Services, once purchased by you, may be accessed by you for a period of 1 (one) year from date of purchase. After expiry of the relevant one year period, we shall be entitled to terminate your access to such Services on 30 (thirty) days notice.
9.1.2.2. Services may be used solely for individual, personal, non-commercial and non-transferable use, and may not be shared, distributed or hosted online.
9.1.2.3. You may not cut, paste, data scrape or forward the Services or any part thereof.
9.1.2.4. In order to access any Services purchased, you must register on the relevant platform and/or site through which the Services are made available and accept any terms and conditions applicable in respect of such platform and/or site. In the event of any conflict between the terms and conditions of the relevant platform/site and these Terms and Conditions, these Terms and Conditions shall, unless expressly otherwise stated herein, take precedence and shall prevail.
9.1.2.5. All rights to Services, Service content, images and trademarks associated therewith belong to the publishers, authors and/or licensors thereof and are governed by copyright law and the terms and conditions established by the rights owners of the Services.
9.1.3. Once you tick the box indicating acceptance of these Terms and Conditions or place an order for the Services, these Terms and Conditions of Sale form a legally-binding agreement between you and us. You may contact us via email at pearsonza.enquiries@pearson.com to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via SMS or email.

9.2. Payment
9.2.1. Payment can be made via the service by the Online Billing Service, where the amount of the purchase is (a) deducted from the bill-payer’s airtime if the bill-payer is a pay-as-you-go subscriber with the bill-payer's mobile network, or (b) added to the bill-payer's monthly mobile bill if the bill-payer is a contract subscriber. Once you enter the mobile phone number of the bill-payer, the bill-payer will receive a SMS to which he or she must respond in order to confirm the purchase.
9.2.2. The Services may only be used with the permission of the bill-payer.
9.2.3. If you are younger than 18 years of age, the Services may only be used with the permission of your parent or legal guardian.
9.2.4. You need to accept these Terms and Conditions of Sale before you will be able to make any purchases or payments.

9.3. Cancellation and refund
9.3.1. You are entitled to cancel your order for the Services within 10 (ten) business days of the Services having been made available to you. In such an event -
9.3.1.1. you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;
9.3.1.2. you undertake not to access or utilise the Services; and
9.3.1.3. your agreement of purchase will be deemed to have been cancelled.
9.3.2. We will grant you access to the purchased Services as soon as reasonably possible, but no later than 30 days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to provide you with access to the Services during the Delivery Period. You may then, within 7 days of receiving such notification elect whether or not to proceed with your order for the Services. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to provide you with access to the Services during the Delivery Period.
9.3.3. The service does not make use of short codes or subscriptions. Any inquiries about billing errors should be directed to our Customer Experience team, at 0861 PEARSON / 0861 7327766 or pearsonza.enquiries@pearson.com, who will resolve or redirect the query as needed.

10. VIRUSES, HACKING AND OTHER OFFENCES

10.1. You must not misuse our service by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our service, the server on which our service is stored or any server, computer, mobile device or database connected to our service. You must not attack our service via a denial-of-service attack or a distributed denial-of service attack.

10.2. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our service will cease immediately.

10.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of our service or to your downloading of any material posted on it, or on any website linked to it.

11. LINKS

11.1. You may link to our service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2. Our service must not be framed on any other platform or website. We reserve the right to withdraw linking permission without notice. Where our service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. JURISDICTION AND APPLICABLE LAW

12.1. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of the Republic of South Africa.

12.2. Any dispute or claim shall be subject to the non-exclusive jurisdiction of the courts of South Africa although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

12.3. We make no representation that the service or the content on the service is appropriate or available for use in any particular location. If you choose to access our service you do so your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.

13. EVENTS OUTSIDE OUR CONTROL

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

13.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1.1. Strikes, lock-outs or other industrial action.
13.2.1.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
13.2.1.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
13.2.1.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2.1.5. Impossibility of the use of public or private telecommunications networks.
13.2.1.6. The acts, decrees, legislation, regulations or restrictions of any government.

13.3. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. WRITTEN COMMUNICATIONS AND NOTICES

14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our service, you accept that communication with us will be mainly electronic. We will contact you by e-mail or SMS, or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14.2. All notices given by you to us must be in writing and addressed to The Legal & Compliance Director, Pearson Holdings Southern Africa Pty Ltd at 4th Floor, Auto Atlantic, Cnr Hertzog Boulevard & Heerengracht Street, Cape Town, South Africa, 8001. A notice required to be given to us under these Terms of Use shall not be validly given if sent by e-mail. We may give notice to you at either the e-mail address, mobile number or postal address you provided us.

15. CODE OF CONDUCT

The principles that we follow in our work is outlined in the Pearson Code of Conduct. We subscribe to this code and you may access it electronically by clicking on this link: https://za.pearson.com/XKitCodeOfConduct.html.

16. ANTI-BRIBERY AND CORRUPTION POLICY

The way we work and act and the standards we expect from our business partners is outlined in Pearson’s Anti-Bribery and Corruption Policy, which may be accessed electronically at the following link: https://za.pearson.com/XKitAntibriberyandCorruptionPolicy.html.

17. GENERAL PROVISIONS

17.1. Variations: We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our service.

17.2. Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.3. Waiver: If we fail to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17.4. Interpretation: Headings in these conditions shall not affect their interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

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