Welcome to Yenza’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 Privacy and Personal Information Policy and these Yenza 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 reserves the right, at our discretion, to change, modify, add, or emove 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 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 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 emOVED FROM THE WEBSITE BY YENZA 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 emoved from the Website by Yenza ; (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 may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Yenza deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Yenza 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 CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND YENZA 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 at any time and without warning for any failure to abide by these Terms.
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 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 on or through the Website.
You are solely responsible for your user content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Yenza and Yenza’s Users to use and distribute your user content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Yenza and these Terms; (2) your user content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your user content does not contain any
Yenza may permit (a) the posting and/or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “user postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“user Code”) (user Postings and user Code, collectively, “user content”). You understand that whether or not such user content is published, Yenza does not guarantee any confidentiality with respect to any submissions.
The Website is owned and operated by Yenza. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.
YOU HEREBY ACKNOWLEDGE AND EXPRESSLY CONSENT THAT any content provided, posted, transmitted or shared on the Website or to Yenza in pursuance of the Website or any related services shall be proprietary to Yenza and you hereby consent to such information being used for commercial or “non-commercial” purposes.
The Website may include links or references to other web sites or services solely as a convenience to users (“Reference Sites”). Yenza does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Yenza, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Yenza or your use of the Website and emove and discard all or any part of your account, user profile, and user content, at any time. Yenza may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and you agree that Yenza will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These emedies are in addition to any other emedies Yenza may have at law or in equity. As discussed herein, Yenza does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and emove all user content or other content submitted, by any Users who are found to be repeat infringers.
Your only emedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Yenza in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
You agree to indemnify, defend, and hold harmless Yenza, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Yenza Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by you or by any Child user associated with you if you are a parent user. Yenza reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Yenza, and you agree to cooperate with Yenza’s defence of these claims. Yenza will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
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. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YENZA, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YENZA OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YENZA, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL YENZA 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 (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH YENZA, EVEN IF YENZA OR A YENZA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YENZA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Yenza may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed to be given twenty-four hours after email is sent, unless Yenza is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of Yenza 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.
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 or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ('ADR') provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If any provision of the Terms or any gguidelines 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 emaining provisions.
The Terms and related gguidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Yenza’s prior written consent, but may be assigned by Yenza 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.