Welcome to Yenza Academy’s Terms and Conditions of Service (“Terms”). Please read the following Terms carefully. By registering for, accessing, browsing, or using the website, you acknowledge that you have read, understood and agree to be bound the Yenza Academy Privacy and Personal Information Policy and these Yenza Academy Terms and any further notices, terms, conditions, guidelines or disclaimers incorporated into the abovementioned by reference. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
Yenza Academy reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Yenza Academy will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Yenza Academy makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY Yenza Academy OR (B) ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that you have not been previously suspended or removed from the Website by Yenza Academy; (b) that you are either (i) at least 18 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
If you are a user of the Website and are under the age of 18 (“Child user”), you may not register an account for the Website without consent and approval from your legal parent or guardian. A Child user that begins the registration process for himself or herself without a Parent user may have the registration process restricted until a Parent user approves or assumes responsibility for the Child user account. Additionally, a Child user may use the Website if registered through certain educational organizations or the legal parent and/or guardian of such Child user has consented to use of the Website.
If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child user of the Website, You may register a parent account on the Website (“Parent user”). As a Parent user, you may create, register, manage and approve Child user accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Yenza Academy may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Yenza Academy deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Yenza Academy reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT Yenza Academy CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND Yenza Academy IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent user account, along with all associated Child user accounts, may be terminated by Yenza Academy at any time and without warning for any failure to abide by these Terms.
Yenza Academy may permit you to register for the Website through, or otherwise associate your Yenza Academy account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”). By registering for the Website using (or otherwise granting access to) an Integrated Service, you agree that Yenza Academy may access your Integrated Service’s account information, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Website via the Integrated Service. Yenza Academy does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.
Your privacy is important to Yenza Academy. Please read the Yenza Academy Personal Information & Privacy Policy and hereby incorporated into the Terms, carefully for information relating to Yenza Academy’s collection, use, and disclosure of your personal information.
YOU AGREE NOT TO: use the Website for any commercial use or purpose unless expressly permitted by Yenza in writing, it being
understood that the Website and related services are intended for personal, non-commercial use only;
post, upload, or distribute any defamatory, libellous, or inaccurate user vcontent or other content;
post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable,
offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically
offensive, or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others
without permission, or perform any other fraudulent activity;
delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational content, Licensed Educational
Code, or user content;
assert, or authorize, assist, or encourage any third party to assert, against Yenza or any of its affiliates or licensors any
patent infringement or other intellectual property infringement claim regarding any Licensed Educational content, Licensed Educational
Code, or user content you have used, submitted, or otherwise made available on or through the Website;[
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not
limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising,
chain mail, informational announcements, charity requests, and petitions for signatures);
use the Website for any illegal purpose, or in violation of any local, national, or international law, including, without limitation,
laws governing intellectual property and other proprietary rights, and data protection and privacy;
Collect, or attempt to collect, personal information about users or third parties without their consent;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational
content, Licensed Educational Code, or user content, features that prevent or restrict use or copying of any content accessible
through the Website, or features that enforce limitations on the use of the Website, Licensed Educational content, Licensed Educational
Code, or user content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof,
except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent
expressly permitted by Yenza herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without
limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware,
spyware, worms, or other malicious code.
By posting, submitting or distributing user content on or through the Website, you hereby grant to Yenza Academy a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your user content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
By posting, submitting or distributing user Postings through the Website, you hereby grant to each user of the Website a non-exclusive license to access and use your user Postings in any manner permitted or made available by Yenza Academy on or through the Website.
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Yenza Academy OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES...
Yenza Academy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means.
The failure of Yenza Academy to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Yenza Academy.
The Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law.
For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than One Hundred Thousand South African Rand (R 100 000.00) either Yenza Academy or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration.
If any provision of the Terms or any guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Yenza Academy’s prior written consent, but may be assigned by Yenza Academy without consent or any restriction.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms, the Personal Information & Privacy Policy and guidelines constitute the entire agreement between you and Yenza Academy relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Personal Information & Privacy Policy or guidelines made by Yenza Academy.
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