“Account” means an account of a Patent, Student or Instructor which has been registered with 5Africa. “Course Content” means any data, information, content, records, files, text, images, video, audio or other multimedia, software or other information or material that is loaded, transmitted or accessible through the Services relating to courses or course materials. This includes, for example, any syllabi, curricula and test materials made available through the Services by Instructors. “Parent(s)” means a legal guardian of a Student who is under the age of 18 that has provided consent for said Student to use, view and access the Services, and has registered an Account with 5Africa. “Student(s)” means an individual who has registered an Account with 5Africa and has subscribed to one or more courses through the Services. “Instructor(s)” means an individual or entity who has registered an Account with 5Africa and has taught one or more courses through the Services. “User(s)” means all individuals or entities that use, view or access the Services and includes Parents, Students and Instructors. “User Content” means any data, information, content, records, files, text, images, video, audio or other multimedia, software or other information or material that is loaded, accessible, or transmitted through the Services by Users. This includes Course Content.

This Agreement, including the Privacy Policy, are subject to change and may be updated by 5Africa, at its sole discretion, from time to time. We will notify you of any changes by posting the new agreement on the Services. You are advised to review this Agreement periodically for any changes. Changes to this Agreement will be effective immediately upon posting the amended agreement on the Website or App. Any use of the Services after posting will constitute as acceptance of such new agreement. Should we make any significant changes to this Agreement, we will let you know by posting notices on our Services and by sending you an email explaining the change.

5Africa provides an online learning platform that allows for classes to be conducted via the Internet, in real-time. Instructors can provide courses through the Apps to Students using a number of engaging teaching methodologies, such as an interactive whiteboard, active student participation, direct and group interaction, and examination, testing and grading functionality.

From time to time 5Africa may make contests and promotions available through the Services. All contests and promotions are governed by this Agreement and the applicable contest rules. By participating in a contest or promotion through the Services, you signify your agreement and acceptance of this Agreement and the applicable contest rules.

As a condition of your use of the Services, you agree that:

You shall provide accurate, current and complete information in connection with your Account;

You shall maintain the confidentiality of your login credentials for your Account and you shall be solely responsible for all activities that occur under those credentials;

Accounts shall only be used by the User registered in association with that Account and you agree to notify 5Africa immediately of any unauthorized use of your Account;

You shall only use, view and access courses and Course Content for which you are subscribed;

By using, viewing or accessing the Services, you represent and warrant that you are not under the age of 18, or if you are, that you have obtained the consent of your legal guardian to use, access or view the Services and your legal guardian has registered a Parent Account and registered a Student Account on your behalf;

You will notify 5Africa immediately of any unauthorized use of the Services or any other breach of security;

You are solely responsible for all costs and expenses that you may incur in relation to your use of the Services;

You will not circumvent or manipulate our fee structure, the billing process or fees owed to 5Africa;

You will only use the Services for purposes that are lawful and as permitted by this Agreement. If you access the Services from outside Canada, you are also responsible for complying with applicable local laws;

You are solely responsible for your own User Content and you will not upload or transmit to 5Africa or through the Services any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;

You represent and warrant that the User Content is yours, that you own it or you have the right to use it, and your User Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, proprietary rights, contract rights or any other rights of any person;

User Content will not advocate, promote or assist any unlawful act or give the impression that the User Content emanates from or is endorsed by 5Africa, where this is not the case;

You will not distribute viruses, harmful code, phishing scams or any other harmful content or technologies, or otherwise take any actions that do or are intended to harm 5Africa, the Services, Users or third parties, or their respective interests or property;

You will not solicit, harvest, access or otherwise collect information regarding the Services, the Course Content, other Users or third parties, or their respective interests, property, or data;

You will not interfere or attempt to interfere with the proper functioning of 5Africa, the Course Content or the Services, such as, but not limited to, making any automated use of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

You will not bypass any measures we take to restrict access to the Services, User Content or 5Africa servers, or use any software, technology, or device to scrape, spider, or crawl the Services or 5Africa servers, or harvest or manipulate data related to same; and

You will not probe, scan or test the vulnerability of the software, system or network, or breach or attempt to breach security or authentication measures related to 5Africa, User Content or the Services.

If you wish to terminate your Account, please send an email to support@yourname.com and we will terminate your account and send you confirmation of same. To the extent that Users’ conduct, as judged by us in our sole discretion, does not comply with this Agreement, we may immediately terminate, without notice, refund or liability, your permission to use, view and access all or part of the Services, terminate your Account, remove any User Content and/or seek other remedies. 5Africa may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Services, or any part of it, at any time, for any reason, without any notice. If 5Africa must terminate the Services, 5Africa will only be liable to you for the amount associated with any courses for which you have registered that were unfulfilled, on a pro-rata basis, and to no other persons or entities and no other amounts. Violations of this Agreement, or system or network security may also result in civil or criminal liability. 5Africa reserves the right to investigate occurrences and may involve and cooperate with law enforcement authorities in prosecuting any Users who are involved in such violations. All provisions of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason, including, for example, ownership provisions, intellectual property, waiver of moral rights, indemnity, limitation of liability and warranties and representations.

Subject to your compliance with this Agreement, 5Africa grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and view the Services and Course Content for the particular courses for which you are subscribed. As part of your license to access and view the Services and the Course Content, you may not screenshot, print, electronically copy and paste or otherwise reproduce any of the Course Content for commercial purposes.

The Services and all intellectual property rights in the Services are owned by us. We and our licensors, as applicable, reserve all our intellectual property rights, which include without limitation all copyright, trademark, domain names, design rights, database rights, patent, trade secrets and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world. Nothing in this Agreement grants you any rights in the Services, the User Content or both the Services and the User Content, other than as necessary to enable you to use, view and access the Services and the User Content in compliance with this Agreement. You agree not to adjust, circumvent or delete any intellectual property notices or bypass any software restrictions contained within the Services and the Course Content. 5Africa, 5Africa GROWING WITH KNOWLEDGE and the related words and logos are our trademarks or trade names. Nothing in this Agreement or within the Services should be construed as granting any license or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights. Except as otherwise indicated, all trademarks, trade names, logos and other source-identifying features of the Services are the property of 5Africa, whether registered or not. The Services and the User Content, including, but not limited to, any text, images, video, photographs, graphics and any other materials, the arrangement, the look and feel and the computer programs and software are protected by copyright. 5Africa owns the copyright in and to the Services and the User Content, or has acquired the appropriate licenses, assignments or permissions to use them. 5Africa hereby expressly reserves all copyright in and to the Services and the User Content. You shall not use, copy, adapt, modify, download, print, sell, prepare derivative works, reverse engineer, distribute, license, sell, transfer, publicly display, publicly perform, transmit, disseminate, broadcast or otherwise exploit the Services and the User Content, except as expressly permitted in this Agreement. While you retain your rights to your User Content, you grant us an exclusive, royalty-free, fully paid up, irrevocable, perpetual, sublicensable, worldwide licence to make, modify, enhance, improve, copy, use, sell, produce, reproduce, publish, republish, advertise, perform, display, transmit, distribute, translate, execute, operate and in any other way exploit the User Content, without obligation to obtain consent from the User. This includes the right for us to make your User Content available to other Users of the Service, who may also use your User Content subject to this Agreement. You further waive any moral rights that you may have in all User Content.

While access to the Website is free, a paid subscription to the Apps are required to obtain access to the Course Content. Payment is processed by a third-party service provider upon subscribing to a course and may be provided, for example, by valid credit or debit card. Except as otherwise provided in this Agreement, it is at the sole discretion of 5Africa whether to issue any refunds, allow for any cancellations or changes to Students’ subscribed courses. If a class has been cancelled by a Instructor, 5Africa may provide Students with an option to subscribe to another course. No refunds will be issued to Students for cancellations less than 15 days from the scheduled course start date and for courses that over 40% complete. All requests for refunds, cancellation or changes must be made in writing to the email address provided below.

5Africa will only use the information you provide us in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

The Services may contain advertisements, hyperlinks, references to third party websites or any of the preceding (“Third Party Materials”). Third Party Materials are solely provided as a convenience to you and 5Africa has no control over Third Party Materials. Any such advertisement, hyperlink or reference does not constitute an endorsement of the Third-Party Materials by 5Africa and 5Africa is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements contained within the Third Party Materials. Further, Third Party Materials may be governed by terms and conditions of those third-parties and 5Africa assumes no responsibility for the practices of any third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Materials. 5Africa expressly disclaims any liability, damage or loss, directly or indirectly, alleged or derived from the reliance, use, viewing or availability of goods or services available on or through Third-Party Materials.

From time to time, we may screen, edit or review User Content before or once it is loaded to or transmitted through the Services. Please note, however, that when User Content is loaded to or transmitted through the Services, it does not necessarily reflect our views and we disclaim all responsibility and liability associated with any such User Content including, but not limited to, any losses, expenses or harm resulting from User Content. You acknowledge that by providing the ability to use, access and view User Content on the Service, we are merely acting as a passive conduit and we are not undertaking any obligation or liability relating to any User Content or activities on the Service.
THE SERVICES AND COURSE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, 5AFRICA EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF: (I) QUALITY, MERCHANTABILITY, OR FITNESS OF THE SERVICES AND USER CONTENT FOR A PARTICULAR PURPOSE; (II) NON-INFRINGEMENT OF THE SERVICES AND USER CONTENT; OR (III) CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE SERVICES AND USER CONTENT. 5AFRICA ALSO EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARNATEES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
5AFRICA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES AND USER CONTENT WILL BE AVAILABLE ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT ANY DEFECTS OR ERRORS WITH THE SERVICES AND COURSE CONTENT WILL BE CORRECTED, OR THAT THE SERVER(S) THAT MAKE THE SERVICES AND COURSE CONTENT AVAILABLE ARE FREE FROM VIRUSES, MALWARE OR OTHER SIMILAR HARMFUL SOFTWARE CODE. THE SERVICES AND USER CONTENT ARE NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED ACCOUNT OF ANY MATTERS ADDRESSED AND REFERENCE TO ANY INFORMATION, BY TRADENAME, TRADEMARK OR OTHERWISE, SHOULD NOT BE USED OR CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP. YOU SHOULD APPLY YOUR OWN JUDGMENT TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES AND USER CONTENT INCLUDING, WITHOUT LIMITATION, THE USE OF OR RELIANCE ON ANY INFORMATION, OPINION OR ADVICE CONTAINED THEREIN. YOU BEAR THE SOLE RESPONSIBILITY FOR YOUR RESEARCH AND DECISIONS REGARDING THE PURCHASE AND USE OF THE SERVICES AND USER CONTENT. 5AFRICA DOES NOT PROVIDE OR GUARANTEE THE SUITABILITY OF THE SERVICES OR USER CONTENT. 5AFRICA EXPRESSLY EXCLUDES ALL OTHER TERMS, CONDITIONS, WARRANTIES OR OTHER STIPULTAIONS CONCERNING THE SERVICES AND USER CONTENT, WHETHER EXPRESS OR IMPLIED BY COMMON LAW OR UNDER STATUTE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL 5AFRICA AND/OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNEES, AGENTS, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS OR RESELLERS BE LIABLE FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, MONETARY LOSSES, LOST REVENUE OR PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, REPUTATION, AND/OR ANY OTHER DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE USE OF, ACCESS TO OR RELIANCE ON THE SERVICES AND USER CONTENT.
NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED THE AMOUNT YOU PAID US FOR YOUR SUBSCRIPTION TO THE SERVICES AND USER CONTENT. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

You agree to indemnify, defend, release and hold harmless 5Africa, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable legal fees, arising out of or in any way connected with: (a) any violation of this Agreement; (b) User Content submitted by you to 5Africa, whether through the Services or otherwise, that violates any intellectual property, proprietary, contract, or other right of any third party; or (c) use of and access to the Services or User Content by you or any other person accessing the Services or User Content using your Account. You further agree that you will fully cooperate in the defense of such claims.

This Agreement as well as the Privacy Policy shall constitute the entire agreement between the parties in relation to the terms of using the Services, and this Agreement shall supersede and replace any and all prior oral or written understandings or agreements between 5Africa and you relating to the terms of using the Services. For greater clarity, all independent contractor agreements shall remain binding and in force; however, to the extent that provisions relating to use of and access to the Services are inconsistent with this Agreement and the Privacy Policy, the provisions relating to use of and access to the Services (for example, but not limited to, Section 5) of this Agreement and Privacy Policy shall prevail.

If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

You may not assign or transfer this Agreement, by operation of law or otherwise, without 5Africa’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. 5Africa may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the 5Africa and the Users’ respective heirs, administrators, executors, legal personal representatives, successors and permitted assigns.

No waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless consented to in writing by such party.

5Africa shall not be liable for any breach of this Agreement to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of 5Africa.

This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. By agreeing to this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario in the City of Toronto.

If you have questions or concerns about this Agreement or our Privacy Policy, you may contact us at support@yourname.com