PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PROCEED. BY CLICKING ON “I ACCEPT” YOU AGREE
THE THESE TERMS AND CONDITIONS. WHERE THE SERVICES WILL BE PROVIDED FOR A MINOR (“STUDENT”), YOU AS
PARENT/GUARDIAN WILL ENTER INTO THIS AGREEMENT ON BEHALF OF THE STUDENT.
1. These terms
- These are the terms and conditions (“Terms of Services”) relevant to the services we supply. These
Terms of Services refer to the following additional terms which also apply to your use of our
- The above terms and conditions and policies are hereby incorporated by reference and together
are the agreement (“Agreement”) between us and you. If there is any conflict between the above terms
and conditions/policy and the Terms of Services the latter will prevail;
- Franchisee engagement:
1.3.1. We operate on a franchise basis for purposes of the Services as stated under clause 4.1.2
below ("Franchisee Services"). Our franchisees have been licensed to deliver the Services. All other
services as referred to under these Terms of Services are made available by us directly to you;
The provision of the Franchisee Services will be delivered to you and your child by a franchisee,
subject to these Terms of Services, excluding the following clauses 4.1.1, 4.1.3 and 8.8.2. All
references to “we” or “us” should be read as ‘the Franchisee”.
- Take note:
For purposes of the Franchisee Services, the contract is between you and the specific Franchisee, as
selected on the sign-up page (‘centre’ selection);
Each franchisee acts as an independent service provider that engages directly with you. Although
these Terms of Services will apply to the agreement between you and the particular franchisee, we
are not a party to the contract between you and the franchisee, however we will be a third party
beneficiary to the contract between you and the franchisee to ensure that, but not limited to, we
are able to protect our rights as Franchisor and owner of our intellectual property and other
We (as franchisor) has been appointed to centralise all administration of our franchisees and
therefore the submission of your and your child’s information via our Platform;
- All information that are incorporated by using hyperlinks and / or other methods of reference form
part of these Terms and Conditions of Supply (see section 11(3) of the ECT Act);
- Why you should read them. Please read these terms carefully before you use our
services. These terms, unless otherwise specified under Service specific terms conditions (Service
Specific T&Cs), tell you who we are, how we will provide Services to you, how you and we may change
or end the contract, what to do if there is a problem and other important information. If you think
that there is a mistake in these terms, please contact us to discuss.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection
Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this
clause and which -
may limit our risk or liability or the risk or liability of a third party; and/or
may create risk or liability for you (as a consumer); and/or
may compel you to indemnify us or a third party; and/or
serves as an acknowledgement, by you, of a fact.
Your attention is drawn to these Terms of Services because they are important and should be
2. Information about us and how to contact us
- How to contact us. To contact us, please use the contact information as per our
Contact Us page.
- How we may contact you. If we have to contact you we will do so by telephone or by
writing to you at the address (electronic, physical or postal) you provided to us or such electronic
communication facility as we may make available to you.
- "Writing" includes data messages. When we use the words "writing" or "written" in
these terms, this includes data messages (as defined by the ECT Act), including but not limited to
emails. You acknowledge that all agreements, authorization or request on the TMM online Services
facility (“TMM Services Platform”) satisfy the “writing” requirement as per section 12 of the ECT
3. Our contract with you
- For purposes of the supply of Services no electronic signature is required; the mere click
on “I accept” or “Submit” demonstrates your acknowledgement and agreement to these
Terms of Services for each Service.
- To use our Services, you will first have to sign-up / register with us (see “Your Services Account”
- Service Specific terms and conditions: certain Services may have additional terms
and conditions that will apply. Those terms and conditions
(“Service Specific T&C”) will be presented to you prior to submitting your order
(and may include additional documentation / mandates to be completed) and should be read with these
Terms of Services. Insofar as any term and condition in a Service Specific T&C conflicts with
these Terms of Services in respect of-
- the description of the Services (including but not limited to pricing,
specifications, service levels or limitation of liability), the terms and conditions in the Service
Specific T&Cs shall prevail;
- any other matter, the Terms of Services shall prevail.
- The presentation of our Services on our website is an invitation to you to obtain Services by us
and/or any of our Franchisees;
- By submission of your information under the ‘Sign-up’ screen or further information before
submission of the Application Form does not mean that we have concluded a contract with you (not
- The offer: The message submitted to us after you have clicked on “Submit” or “I
Accept” constitutes an offer by You to acquire our Services.
- How we will accept your order. Our acceptance of your order will take place on
receipt of your payment and/or when we email you confirmation of our acceptance (where Classes are
involved, usually after the We or the Tutor has contacted you to confirm the suitable timeslots for
the Classes), at which point a contract will come into existence between you and us for the
particular Service (“commencement date” for that particular Service). It is important to note that
each Service order and accepted by us shall be seen as a separate contract.
- If we cannot accept your order. If we are unable to accept your order (even after
receipt of payment), we will inform you of this and will not charge you for the Service. This might
be because of changes to the Service or unexpected limits on our resources which we could not
reasonably plan for or because we have identified an error in the price or description of the
Services or because we are unable to meet a delivery deadline or performance date you have
4. Our services
- Our Services: details as per our website, including but not limited to:-
- Your access to your Service Account;
- classes (“Classes”) at a selected premises and where a tutor (“Tutor”) has been
appointed, to provision the services (“TMM Services Subscription”); and
- collectively referred to as the "Services".
- Services may vary slightly from their description. The information on our site is
for general information purposes. Although we have made every effort to display the correct content,
we cannot guarantee that the content is 100% accurate. For more detailed information about our
services you can contact us.
5. Your service account
- In order to use our Services, you must sign-up for and maintain an active personal user Services
account ("Service Account").
- Where you have registered on behalf of the Student you have to be older than 18 years and be the
legal guardian or parent of the Student (where the Student is a Child) and will be responsible for
all activities on said Service Account.
- Service Account registration requires you to submit to us certain information under the Application
Form. You agree:-
- To provide and maintain accurate, complete, and up-to-date information in your
Service Account; and
- That your failure to maintain accurate, complete, and up-to-date Service Account
information, may result in your/the Student’s inability to access and use the Services or Our
termination of this Agreement with you;
- Submission of your information as per the Application Form does not automatically give you/the
Student’s the right to access the Services. We have the right not to grant you/Student access to a
Service Account or to revoke such right and disable any user identification code, whether chosen by
you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any
of the provisions of these Terms of Service.
- On acceptance of your registration information you will be allowed to select or provided with the
necessary access credentials or any other piece of information as part of our security procedures;
You must treat such information as confidential. You must not disclose it to any third party.
- You are responsible for all activity that occurs under your Service Account, and you agree to
maintain the security and secrecy of your Service Account details at all times. You may only possess
one Service Account (even if you have more than one Student).
- You may not authorize third parties to use your Service Account.
- If you know or suspect that anyone other than you knows your user identification code or password,
you must promptly notify us at: .
- You may not assign or otherwise transfer your Service Account to any other person or entity.
- Your or the Student’s access to any of our Services or any part of the Services via our online
facility/The Math Machine, is subject to the relevant Terms of Services.
6. Your rights to make changes
- Before submission of order (your application form): Before you submit your
application form along you’re your selected subscription, you will be allowed to make changes to
your selection of Services;
- After submission of your application form: If you wish to make a change to the
Services you have ordered please contact us. We will let you know if the change is possible. If it
is possible we will let you know about any changes to the price of the Services, the timing of
supply or anything else which would be necessary as a result of your requested change and ask you to
confirm whether you wish to go ahead with the change.
7. Our rights to make changes
- Minor changes to the Services. We may change the Services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements. These changes will not affect your
use of the Services.
More significant changes to the Services and these terms (subsequent to the commencement
date of our Services). In addition, as we informed you in the description of services on our
website, we may make the changes to these terms or the service, but if we do so we will notify
you and you may then contact us to end the contract and receive a full refund (pro rata for the
period not utilised) before the changes take effect.
8. Provision of services
- You agree that you have full knowledge of what the Services consist of before submitting your
application to us or any of our Franchisees;
ensure proper provision of the Services;
The Classes shall take place as per the agreed timetable that we will agree to during the
application and registration process and the frequency of classes relevant to the specific
subscription, which may change from time to time due to factors such as but not limited to
school and/or public holidays.
- Availability of Services: Subject to the terms of this Terms of Services, Services
will only be made available subsequent to receipt of all relevant information and/or documentation
required per Service (as guided by us during the application process).
We are not responsible for delays outside our control. If our supply of the Services is delayed
by an event outside our control then we will contact you as soon as possible to let you know and
we will take steps to minimise the effect of the delay. Provided we do this we will not be
liable for delays caused by the event, but if there is a risk of substantial delay you may
contact us to end the contract and receive a refund for any Services you have paid for but not
- Service delivery location:
Except for clause 8.6.2 below, the Classes will be delivered at our Premises or such premises
(i.e. the premises as managed by a Franchisee) as we may agree with you during the
registration process. All other Services will be deemed to have been delivered from our
Where any event outside our control, including but not limited to a possible Force Majeure event
(see clause 19 below), prohibit us to present the Classes at our Premises, we will make available
the Classes via our online facility in accordance with the agreed Schedule. The alternative
workaround will not be an amendment to any payment arrangement we already have in place with You.
Policy/ies or protocols relevant to our Premises and/or classes: From time to time we may issue
policies and/or protocols relevant to the attendance of our Premises and/or Classes. You agree
that you and the Student will adhere to same at all times.
- Service delivery time:
We shall deliver the Classes during hours as agreed to between us;
- Late Arrivals (Classes):
- By the Student:
No adjustment shall be made for time lost because of late arrival by the Student.
- By the Tutor:
Any lost time because of the late arrival of the Tutor shall be compensated for by extending a
lesson (Class) by mutual agreement and by such amount of time that was lost.
- Cancellation of a Class (not the contract)
Cancellation of Lessons by You or the Student:
Fees are based upon the Student's undertaking to attend all
lessons as stipulated in the particular Subscription and Schedule above and no discount or refunds
shall be given in respect of lessons not attended by the Student.
Cancellation of lessons by Us or the Tutor:
We and/or the Tutor may cancel lessons by giving 24 hours prior notice (where reasonably possible)
to You. Where there are emergencies or the Tutor is sick we may not be able to provide a 24-hour
notice, however this clause shall still apply. The Tutor shall reschedule the appointment at a time
agreeable to both You and Us.
- Unable to supply Services ordered:
if we are unable to perform in terms of the contract on the grounds that the Services ordered are
unavailable and said availability has not been addressed under these Terms of Services, we will
notify you of this fact and refund any payments within 30 days after the date of such notification.
Reasons we may suspend the supply of Services to you. We may have to suspend the supply of a
Services, be it permanently or for a short period as is necessary, to:
- deal with technical problems or make minor technical changes;
- update the Services to reflect changes in relevant laws and regulatory
- make changes to the Services as requested by you or notified by us to you
(see clause 7);
ensure the safety of our Staff, other Students, and/or your own safety is not jeopardised in any
- Your rights if we suspend the supply of Services. We will contact you in advance to
tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency.
If we have to suspend the Services for an unreasonable period, we will adjust the price so that you
do not pay for Services while they are suspended. You may contact us to end the contract for a
Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more
than 30 (thirty) days and we will refund any sums you have paid in advance for the Service in
respect of the period after you end the contract.
We may also suspend supply of the Services if you do not pay. If you do not pay us for the
Services when you are supposed to (see clause 14.5) and you still do not make payment within 7
(seven) days of us reminding you that payment is due, we may suspend supply of the Services
until you have paid us the outstanding amounts. We will contact you to tell you we are
suspending supply of the Services. We will not suspend the Services where you dispute the
unpaid invoice (see clause 14.8).
- Obligations of the Tutor
- The Tutor undertakes to do all preparation prior to lessons and to structure
lessons in such a way as to optimize time to the benefit of the Student.
- The Tutor shall keep confidential all information of the Student and shall contact
other parties involved in the education of the Student only if given written permission by You (on
behalf of the Student) to do so.
- The Tutor shall not assign any of his/her duties or obligations under this tutoring
contract to a third party without the written permission of You.
- The Tutor shall at no time be required or obliged to execute homework or
assignments on behalf of the Student.
- Obligations of the Student
- The Student shall assist the Tutor in identifying problem areas in which the
Student needs specific tutoring. You are also welcome to submit to Us your understanding of the
problems that the Student may experience.
- You will ensure that the Student understands and agrees that assignments, exercises
or homework form an integral part of tutoring and undertakes to complete such work timeously.
- Students are responsible to prepare for and attend scheduled tutoring sessions.
- The Student is expected to behave in an appropriate manner. Inappropriate
behaviours will not be tolerated at any time. Inappropriate behaviours include, but are not limited
to, sexual harassment, physical or verbal abuse, inappropriate language, and drug and/or alcohol use
- The Student shall, where applicable, adhere to any and all protocols as
directed/issued by the Tutor and/or the Provider of the Services to the best of his/her ability.
Ultimately it is the Student’s responsibility to be a successful Student - tutoring can only help the
Student to reach that goal.
10. Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract
will depend on what you have bought, whether there is anything wrong with it, how we are performing
and when you decide to end the contract:
- If what you have bought is mis described you may have a legal right to end the
contract (or a service re-performed or to get some or all of your money back), see clause 13;
- If you want to end the contract because of something we have done or have told you
we are going to do, see clause 10.2;
- If you have just changed your mind about the Services, see clause 10.3. You may be
able to get a refund if you are within the cooling-off period (if applicable – see clause 10.3
below), but this may be subject to reasonable deductions;
- In all other cases (if we are not at fault and there is no right to change your
mind), see clause 10.4.
- Ending the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at 10.2.1 to 10.2.6 below the contract will end within 7
(seven) days from receipt of your written notice and we will refund you in full for any Services
which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Service (a change not addressed
under the Terms of Services) or these terms which you do not agree to (see clause 7.2);
- we have told you about an error in the price or description of the Service you have
ordered and you do not wish to proceed;
- there is a risk that provision of the Services may be significantly delayed because
of events outside our control;
- we have suspended supply of the Services technical reasons, or notify you we are
going to suspend them for technical reasons, in each case for a period of more than 30 (thirty)
- you have a legal right to end the contract because of something we have done wrong;
- we are unable to perform the requested Service within 30 (thirty) days after the
day on which the Contract was concluded for the specific Service, unless we have agreed otherwise.
- Exercising your right to change your mind (Electronic Communications and Transactions Act 25
of 2002). For most Services acquire online you have a legal right to change your mind
within 7 days after the date of the Contract for a specific Service (“Cooling-off period”). The
following will apply in terms of the Cooling-off period:-
- The Cooling-off period will not apply (as per section 42(2) of the ECT Act)
to Services which began with your consent before the end of the Cooling Off Period. If you
cancel after we have started the Services (or any part thereof), you must pay us for the
services provided up until the time you tell us that you have changed your mind;
- Where a Cooling off Period apply you will have to notify us in writing; such notice
to be received by us within the Cooling-off period;
- We may charge you reasonable costs and expenses actually incurred by us between the
commencement date and date of receipt of your above notice;
- Where you have made payment to us already we will refund you the amount paid minus
any costs as stated under 10.3.3 above within 30 days from date of cancellation.
- Ending the contract where we are not at fault and there is no right to change your
- Classes: You are entitled to cancel your subscription that
involves classes, by delivering to us a calendar month (30 days) advance written notification. You
will not be entitled to any refund on any of the classes that were scheduled during the notification
11. How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, email your tutor
at the premises where you are receiving our services. Please provide your name, home address,
details of the order and, where available, your phone number and email address.
- Termination of a Service. If you end the contract for a Service for any reason
after you have gained access to the Service via our TMM Service Platform, we will be entitled to
immediately restrict your access to TMM Service Platform for said Service.
- How we will refund you. We will refund you the price you paid for the Service, by the method you
used for payment. However, we may make deductions from the price, as described below.
- When your refund will be made. We will make any refunds due to you as soon as possible but no later
than 30 (thirty) days from you telling us you have changed your mind.
- Reasonable cancellation charge: You will be responsible for payment under the contract up and until
we receive full payment of the cancellation charge as per clause 10.4 above.
12. Our rights to end the contract
- We may end the contract if you breach it. We may end the contract for a Service at
any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment
within 7 (seven) days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the Services;
- you do not comply with this Contract or the Student ignore the rules or
miss-behaves in the Classes;
must compensate us if you breach the contract. If we end the contract in the situations set out
in clause 12.1 we will refund any money you have paid in advance for Services we have not
provided but we may deduct or charge you a reasonable compensation for the net costs we will
incur as a result of your breaking the contract.
- We may withdraw the Service. We may write to you to let you know that we are going
to stop providing the Service (where the service has not been delivered in full). We will let you
know at least 10 (seven) days in advance of our stopping the supply of the service and will refund
any sums you have paid in advance for service which will not be provided.
- Should we be obliged to institute legal action against You to enforce any provisions of the
Contract, then You will be responsible for all reasonable legal costs on an attorney and own client
basis, including such tracing fees and collection commission which such attorneys are entitled to
charge, on successful judgement of Our claim.
- The Contract may be terminated by either party at any time by giving the other party at least 60
(sixty) days prior written notice, or such shorter time as we (as parties of this Agreement) may
agree in writing.
- Upon termination of the Services:-
- We (including the Tutor) will cease provision of the Services and will be entitled
to suspend your access to The Math Machine online facility;
- We will deliver upon written request by You any Personal Information we may have on
You or the Student, unless we are required by law to keep a copy (which we will only keep for record
- You undertake to return to Us any documentation, information or other materials of
Us, which You or the Student have, no legal right to retain.
13. If there is a problem with the service
- You have the right to tell us about problems. If you have any questions or complaints about the
Service, please contact us first. You can write to us at . You can take it
up with the relevant Tutor (where the Services consist of Classes), however we do recommend that you
submit your questions or complaints directly to us.
- Summary of your legal rights. We are under a legal duty to supply services that are in conformity
with this contract. See the box below for a summary of your key legal rights in relation to the
Service where the Consumer Protection Act 68 f 2008 will apply (i.e. if you are a consumer). Nothing
in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
If your product is services, the Consumer Protection Act 68 of 2008 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or
get some money back if we can't fix it. Please take note that this does not mean that if our Tutors
- if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
if you haven't agreed a time upfront, it must be carried out within a reasonable time.
14. Price and payment
- Where to find the price for the Service. The price of the Service will be the price
indicated on the order pages when you place your order. We use our best efforts to ensure that the
prices advised to you are correct. However please see below for what happens if we discover an error
in the price of the Service you order.
- What happens if we got the price wrong. It is always possible that, despite our
best efforts, some of the Services we make available may be incorrectly priced. We will normally
check prices before accepting your order so that, where the Services’ correct price at your order
date is less than our stated price at your order date, we will charge the lower amount. If the
Service’s correct price at your order date is higher than the price stated, we will contact you for
your instructions before we accept your order. If we accept and process your order where a pricing
error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing,
we may end the contract and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment in the following manner:-
- Electronic Funds Transfer
- We recommend that you use your The Math Machine Customer Code as reference when making payment.
- When you must pay depends on what Services you are buying:
- For TMM Services Subscription: We will submit our invoice for a
particular month in advance on or about the 1st of that month. You agree to pay on or before the 8th
of the month during which the Services will be provided (within 7 days from date of invoice), into
the account as designated by us from time to time in writing.
- Where any deposit is required, we will present the amount to you prior to any
payment requested from you.
- TMM will retain the deposit and refund same within 5 (five) business days after
the termination date of the Services you have selected, subject to full payment of all fees due and
payable to TMM during the term of the Services and subject to receiving the correct customer banking
- Without prejudice to any other right TMM may have in terms of outstanding
payments, TMM shall have the right to set-off the deposit against any outstanding amount that may be
due and payable to TMM at the termination of the Services.
- You will not be allowed to set-off any amount against any Fee due and payable;
- If there are any discrepancies on the invoice You agree to contact us immediately
to enable Us to resolve where necessary.
- TMM may, in its sole discretion and notwithstanding any instructions by You, appropriate any payment
received from or on behalf of You, to any indebtedness of You to TMM arising from any cause
We and the Tutor make no promises or warranties with regards to a Student's performance as a result
of any Service provided.
We acknowledge that, during the performance of Services, We (including the Tutor) will have access to
information relating to Your and/or the Student’s identity, address, contact information, and other
personal information or requests for Services ("Confidential Information"). We agree (on behalf of Tutor
as well) that We, during the term of this Agreement and thereafter, will use and hold all such
Confidential Information in the strictest confidence and not to disclose it to any person or to use it
except as necessary in carrying out the Services consistent with this Agreement.
17. Limitation of liability
To the extent permitted by law, we (including our employees, Tutors, suppliers, service
providers, partners, affiliates and agents) shall not be liable for any damages, loss or
liability of any nature incurred by you, Student or any other person resulting from the use of
or inability to use our Services, including the TMM Services Platform or the technology,
material and content made available on and through it.
Unless otherwise agreed to under these Terms of Services or determined by law, we and the tutors
will not be liable in law or delict, for any indirect, special or consequential damages
whatsoever. We shall further not be liable for any direct loss or damage suffered by you or the
Student as a result of the inaccurate information you made available to us or circumstances
outside our reasonable control.
We will not be liable for any losses or damages as a result of any Force Majeure event (see
clause 19 below).
18. How we may use your personal information
We will use your Personal Information in accordance with our Privacy
19. Force majeure
We will be liable to the other for any default or delay in the performance of its obligations under
these terms and conditions if and to the extent that such default or delay is caused by any act of God,
war or civil disturbance, legislations, court order, pandemic or any other circumstance beyond its
reasonable control including fluctuations in communications or utility services ("Circumstances of Force
Majeure") and provided we are obviously without fault in causing such default or delay, and such default
or delay could not have been prevented by the us through the use of alternative sources, workaround
plans or other means.
20. Other important terms
- We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else (except that you can always transfer
our guarantee). You may only transfer your rights or your obligations under these terms to another
person if we agree to this in writing. However, you may transfer any applicable guarantee under
these terms and conditions to a person who has acquired the product or, where the product is
services, any item or property in respect of which we have provided the services. We may require the
person to whom the guarantee is transferred to provide reasonable evidence that they are now the
owner of the relevant item or property.
- Nobody else has any rights under this contract (except someone you pass your guarantee on
to). This contract is between you and us. No other person shall have any rights to
enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides that any
of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this Agreement or any Service contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if
we delay in taking steps against you in respect of your breaking this contract, that will not mean
that you do not have to do those things and it will not prevent us taking steps against you at a
later date. For example, if you miss a payment and we do not chase you but we continue to provide
the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are
governed by the Republic of South Africa law and you can bring legal proceedings in respect of the
products in the South African courts.
We recommend you print these terms and conditions of supply for your records