PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PROCEED. BY CLICKING ON "I
ACCEPT" YOU AGREE TO 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
1. These terms
- These are the terms and conditions ("Terms of Services") relevant to the services we supply. These
Services refer to the following additional terms which also apply to your use of our services:-
- The above terms and conditions and policies are hereby incorporated by reference and together are
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;
- All information that are incorporated by using hyperlinks and / or other methods of reference form
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
unless otherwise specified under Service specific terms conditions (Service Specific T&Cs), tell you
are, how we will provide Services to you, how you and we may change or end the contract, what to do
there is a problem and other important information. If you think that there is a mistake in these
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
- 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
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at
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
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 Act.
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
- 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
apply. Those terms and conditions ("Service Specific T&C") will be presented to you prior to
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 &Cs conflicts
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 provide Services;
- By submission of your information under the ‘Sign-up’ screen or further information before
the Application Form does not mean that we have concluded a contract with you (not yet);
- The offer: The message submitted to us after you have clicked on "Submit" or "I Accept" constitutes
by You to acquire our Services.
- Shopping Chart: Placing a Service in a wish list or the shopping chart without completing the
does not constitute an order for such Service, and as such, Services may be removed from the
chart if it is no longer available or the price thereof might change without notice to You. You
cannot hold us
liable if such Services that are not available or are not available at the particular price when You
attempt to complete the purchase cycle at a later stage.
- How we will accept your order. Our acceptance of your order will take place on receipt of your
and/or when we email you confirmation of our acceptance (where Classes are involved, usually after
or the Tutor has contacted you to confirm the suitable timeslots for the Classes), at which point a
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
- 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
unexpected limits on our resources which we could not reasonably plan for or because we have
error in the price or description of the Services or because we are unable to meet a delivery
performance date you have specified.
4. Our services
- Our Services: details as per our website, including but not limited to:-
- Your access to your Service Account;
- classes (“Classes”) where we use a tutor (“Tutor”) to provision the services (“The
Machine Package”); and
- online subscription to access online training material (“The Calculated
- collectively referred to as the "Services".
- Services may vary slightly from their description. The information on our site is for general
purposes. Although we have made every effort to display the correct content, we cannot guarantee
content is 100% accurate. For more detailed information about our services you can
5. Your service account
- In order to use our Services, you must sign-up for and maintain an active personal user Services
- Where you have registered on behalf of the Student you have to be older than 18 years 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
- To provide and maintain accurate, complete, and up-to-date information in your
- That your failure to maintain accurate, complete, and up-to-date Service Account
information, may result in
your 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 right
access the Services. We have the right not to grant you access to a Service Account or to revoke
and disable any user identification code, whether chosen by you or allocated by us, at any time, if
reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
- On acceptance of you registration information you will be allowed to select or provided with the
access credentials or any other piece of information as part of our security procedures; You must
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
security and secrecy of your Service Account details at all times. You may only possess one Service
(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,
must promptly notify us at : firstname.lastname@example.org
- 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/TheMathMachine 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 package, 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
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
- 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
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
ensure proper provision of the Services;
- The Classes shall take place as per the agreed timetable that we will agree on during the application and registration process and the frequency of classes relevant to the specific package, which may change from time to time due to factors such as but not limited to school- and 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 received.
- Service delivery location:
Except for clause 8.6.2 below, the Classes will be delivered at our Premises or such premises as we may agree with you during the registration process.
All other Services will be deemed to have been delivered from our Premises;
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:
- Classes: We shall deliver the Classes during hours as agreed to between us;
- Online subscription: Services to be made available via your Services Account
subsequent to receipt of payment.
- Later 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
- 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 Package 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 to You. 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.
- 8.12. 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
- ensure the safety of our Staff, other Students, and/or your own safety is not
jeopardised in any way,
- 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
- 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
- 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
- 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 behaviors
will not be tolerated
at any time. Inappropriate behaviors include, but are not limited to, sexual harassment, physical or
abuse, inappropriate language, and drug and/or alcohol use before/during appointments.
- 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 its 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
have bought, whether there is anything wrong with it, how we are performing and when you decide to
- If what you have bought is misdescribed you may have a legal right to end the
contract (or a service reperformed
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
- 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
- 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
a reason set out at 10.2.1 to 10.2.6 below the contract will end within 7 (seven) days from receipt
written notice and we will refund you in full for any Services which have not been provided and you
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
- 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) days;
- 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
most Services acquire online you have a legal right to change your mind within 7 days after the date
Contract for a specific Service ("Cooling-off period"). The following will apply in terms of the
- 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
part thereof), you must pay us for the services provided up until the time you tell us that you have
- 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
date and date of receipt of your above notice;
- were 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 mind.
- Online Services: you will have no option to cancel the online services after
receipt of payment. No refund will be paid on any early cancellations;
- Classes: you are entitled to cancel your package that involve 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 period.
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 us at email@example.com. 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
the Service via our TMM Service Platform, we will be entitled to immediately restrict your access to
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
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
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
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
- 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 ignores the rules and/or
protocols or misbehaves in the Classes ;
- You must compensate us if you breach the contract. If we end the contract in the situations set out
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
- We may withdraw the Service. We may write to you to let you know that we are going to stop providing
Service (where the service has not been delivered in full). We will let you know at least 10 (seven)
advance of our stopping the supply of the service and will refund any sums you have paid in advance
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
fees and collection commission which such attorneys are entitled to charge, on successful judgement
- The Contract may be terminated by either party at any time by giving the other party at least 60
prior written notice, or such shorter time as we (as parties of this Agreement) may agree in
- Upon termination or expiry of the Services:-
- We (including the Tutor) will cease provision of the Services and will be entitled
to suspend you access to
TheMathMachine 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 purposes).
- 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
- How 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
firstname.lastname@example.org . You can take it up with the relevant Tutor (where the Services
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
contract. See the box below for a summary of your key legal rights in relation to the Service where
Consumer Protection Act 68 f 2008 will apply (i.e. if you are a consumer). Nothing in these terms
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
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
when you place your order. We use our best efforts to ensure that the prices advised to you are
However please see below for what happens if we discover an error in the price of the Service you
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some
Services we make available may be incorrectly priced. We will normally check prices before accepting
order so that, where the Services’ correct price at your order date is less than our stated price at
date, we will charge the lower amount. If the Service’s correct price at your order date is higher
price stated, we will contact you for your instructions before we accept your order. If we accept
your order where a pricing error is obvious and unmistakeable and could reasonably have been
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:-
- Instant Electronic Fund Transfer option
- You will be guide by our third party payment service provider to execute the
- order (for purposes of the Calculated Packages) will only be processed on receipt
of cleared funds, this might
take up to 24 hours and receipt of proof of payment from you.
- Credit Card Payments
- Credit card transactions will be acquired for TMM via Payfast (Pty) Ltd
(“Payfast”) who is the approved payment gateway for all South African Acquiring Banks.
- PayFast allows for payment via Visa, Mastercard, Diners or American Express credit
- PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3)
and no credit card details
are stored on the TMM Platform. Users may go to https://www.payfast.co.za/security-fraud/
to view their security certificate and security policy.
- You details will be stored by TMM separately from card details which are entered
by the Authorised User of
You on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za;
- The merchant outlet country at the time of presenting payment options to the
cardholder is South Africa.
Transaction currency is South African Rand (ZAR)
- When you must pay depends on what Services you are buying:
- For Calculated Packages: you must make an advance payment as per the Service
Specific T&Cs, before we
start providing it, or
- For The Machine Package Services: 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 expiration 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.
- 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 expiration of the Services term.
- 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 acknowledges 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 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
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
terms to another organisation.
- You need our consent to transfer your rights to someone else (except that you can always transfer
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
in respect of which we have provided the services. We may require the person to whom the guarantee
transferred to provide reasonable evidence that they are now the owner of the relevant item or
- 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,
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
steps against you in respect of your breaking this contract, that will not mean that you do not have
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
the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are
the Republic of South Africa law and you can bring legal proceedings in respect of the products in
We recommend you print these terms and conditions of supply for your records