The use of Brainline’s software is subject to license restrictions. By installing or using our software, you agree to be bound by the terms and conditions of the Brainline Standard Agreement.
Updated 10 January 2015
1. Definitions. In this agreement the following meaning is ascribed to the words below unless the contract implies otherwise: “I”, “me” means the subscriber, “you” means the supplier, being Brainline, “Head Office” means the main administrative centre of Brainline, “problem experienced” means any problem that may be encountered, “certificate” means a certificate containing the information regarding amounts owed and interest.
2. General. The headings used in this agreement are for reference purposes only and shall not influence the interpretation of this agreement. In this agreement reference to singular shall embrace the plural and vice versa, unless the contents require otherwise.
3. This is a binding offer to the product, subject to acceptance by Head Office. Telephonic confirmation, or proof of the product sent via registered post, shall be deemed notice of acceptance by Head Office. Should I neglect to receive the programme on delivery, this shall in no way affect my responsibilities and/or liabilities in terms of this agreement.
4. I hereby authorise either yourselves or a transporter, the choice of whom shall be at your absolute discretion, to deliver the programme to the delivery address as stated per the details supplied via the online registration website.
5. In the event of any items ordered in terms of this agreement being broken or damaged, I understand that such items shall be replaced free of charge on condition that I notify you thereof within five (5) business days of receipt of the item, by means of an email to email@example.com.
6. In the event of application being made by me telephonically or through the Internet, I accept the proof of the product being sent via registered post, or the first payment being honoured by myself, as sufficient proof of me agreeing to the terms of this Agreement.
8. I am aware that all delivery costs, for whatever reason, including any shipping costs, postage, freight, handling, and costs of media, will be for my account, should I reside outside the borders of South Africa, or should my delivery address fall outside the borders of South Africa.
9. All software and learning material enclosed is licensed, not sold, to me for use only under the terms of this agreement. I am aware that Brainline reserves all rights not explicitly granted to me. Unless otherwise stated, Brainline retains all title and ownership of their immaterial goods and related documentation. Only the learners enrolled with Brainline Learning World may use this software and learning material. Examination answers become the property of Brainline.
10. In the event of a problem experienced of any nature whatsoever, I bear knowledge of Brainline’s telephone numbers and addresses, where I may contact you for client service. I understand that a problem experienced by me, of any nature whatsoever, does not entitle me to cancel this offer or cease payments.
11. A certificate signed by an official, authorised by Brainline, is sufficient proof of details stated herein for the purpose of obtaining any provisional summons or other sentence against me or for any other purpose and shall additionally serve as prima facie proof that the stated amount together with interest, is owed by me, and the interest is payable at the rate stated therein.
12. I understand that if payment for the product is not cash, an administration fee is due with each incident of non-payment.
13. I give the information contained in the application for the purpose of obtaining my credit record and I understand that Brainline may investigate my credit record and report information concerning the credit conduct of my account to credit bureaux and others.
14. Should I fail to pay any installment as agreed in terms of this agreement on the payment date thereof, all services may be terminated immediately and the full balance in terms of the certificate as drawn up by a registered auditor shall be due immediately. Interest as well as all costs incurred for the recovery of such debt, will be for my account.
15. I understand that suspension of all services to me (and therefore the learner) will result in unavailability of all forms of formal assessments. I understand that this will lead to loss of marks for the learner. I herewith irrevocably accept full responsibility for this, as Brainline is not subsidised by the Department of Education and non-payment on my part is a breach of contract. This will result in the learner/s being disadvantaged, due to my own negligence. I therefore indemnify Brainline as well as its staff, from all responsibility in this regard.
16. I shall not reproduce, copy or cause to be copied, any part of Brainline’s product. I agree to a penalty of at least R100 000 (one hundred thousand rand) to this effect. The penalty may be more if it can be proven by Brainline.
17. I agree to allow Brainline or its nominee full access for inspection to safeguard their rights, without prior notification.
18. I agree that the proper education of my child/children is my responsibility, and not the responsibility of Brainline, which I understand is merely providing an educational aid.
19. I accept responsibility to ensure all subject choices are in line with careers envisaged, for all learners in grade 10 to 12.
20. I shall be liable for all the costs in the event of legal action arising from the breach of this agreement, these being on the attorney-client scale plus collection commission.
21. I agree to the jurisdiction of the Magistrate’s court for all legal proceedings on breach of this agreement.
22. I hereby select my domicilium citandi et executandi for all purposes arising from or in connection with this agreement to be my residential address as stated on the application, where all notices and/or processes may be legally delivered or served. I understand that I may change my domicilium, by notifying you of such change in writing, and notice may be sent by prepaid registered post to your address Private Bag X505, Sinoville, 0129 and this notice shall come into effect on your receipt thereof.
23. Cancellation. Should this agreement be cancelled for whatever reason, no money shall be refundable unless otherwise agreed before cancellation.
24. I shall notify you in writing of any change of my residential and/or postal address within 5 (five) business days and I agree that I shall bear all costs that you may incur as a result of my neglecting to notify you of my change of address.
25. I understand that application/registration with Brainline does not constitute any form of application/registration with any authority.
26. I understand that your communication with me is done mostly by e-mail. I understand that non-receipt of email from Brainline cannot be claimed, as the management of my e-mail account is my own responsibility. Brainline cannot be held accountable for me not opening and/or reading my e-mails, or for loss of access to my e-mails, from my part.
27. The following methods of payment are accepted:
27.1 For payment of the deposit: EFT, Cash into Brainline’s bank account, credit card or debit card. No cheques are accepted.
27.2 For payment of installments: Subject to a credit check and only available to qualifying registered clients – only debit orders are accepted.
27.3 Credit cards. Payment by Secure Internet Deposit or VCS is immediately authorized by an online payment gateway, provided that all details are correctly captured. Brainline will take no responsibility for the fraudulent use of Credit Cards.
COPYRIGHT OF LEARNING MATERIAL SUPPLIED BY PEARSON AND OTHER PUBLISHERS
28. The use of Brainline’s software, its contents, including eBooks, and all other learning material provided, is subject to license restrictions. By installing or using this software and its contents, I agree to be bound by the terms and conditions of the Brainline Standard Agreement, the Brainline Policies and Procedures, as well as other Guidelines published on www.brainline.com and www.brainONLINE.com throughout the year. Brainline may change or update the information contained in these documents at any time without prior notice.
29. I understand and agree that only a learner, who is enrolled with Brainline Learning World, may use the Brainline program for his/her personal, non-commercial use, and not for re-sale or re-distribution.
30. The Brainline program requires Internet access for activation. The application also needs to be authenticated over the Internet at least once every 30 days throughout the applicable academic year.
31. I understand and agree that I am not permitted concurrent access to the learning material on more than two devices at a time.
32. Printing of learning material. I am only allowed to print out learning material for my own personal, noncommercial use, and not for re-sale or re-distribution. I am not allowed to make copies of any learning material, whatsoever. No other person or party may print out learning material from the Brainline program on my behalf, whatsoever.
33. Any and all copyright notices or acknowledgement of Pearson’s or its licensors’ other Intellectual Property Rights that may appear in the eBooks, or the Promotional Material, including all copyright, trademark and similar notices, applies.
34. Should Brainline detect a systematic pattern of abuse by me, legal action shall be taken as well as measures to prevent further abuse, up to suspension of my account.
35. This document constitutes the total agreement between us and any addition, change or cancellation hereof is null and void unless stated in writing and signed by both parties.
I am aware that all delivery costs, for whatever reason, including any shipping costs, postage, freight, handling, and costs of media, will be for my account, should I reside outside the borders of South Africa, or should my delivery address fall outside the borders of South Africa.
Expected Turnaround Times
Refunds will not be considered in the following cases:
TeamViewer liability disclaimer:
What information do we collect?
We collect information from you when you register on our site or subscribe to our newsletter.When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.brainline.com/legal/
This policy was last modified on 13 March 2014
215 Veronica Street, Montana, Pretoria
Pretoria, Gauteng 0182
(012) 543 5000
The information contained on this website is intended to be, but is not guaranteed to be, complete, correct and up to date. This information is made available without any representation or warranty, either express or implied. Brainline Learning World accepts no responsibility as to the suitability or accuracy of any information on this website. Brainline Learning World accepts no responsibility for any errors or omissions on this website.
Copyright 2015 © Brainline Learning World (Pty) Ltd. All rights reserved.
Brainline Learning World (Pty) Ltd
Registration number: 2008/02005/07
Director: Coleen Cronje
VAT number: 4400253227