PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE
1. Terms of website use
for the terms and conditions applicable when making use of our website https://www.themathmachine.co.za and/or any social
network website we make available to you ("our website").
2. Other applicable terms
any Personal Information we collect from you, or that you provide to us. By using our website or
Products, you consent to such processing and you warrant that all Personal Information provided by
you is accurate.
- If you use our Services: our Terms of Services, and these Terms
of Use will apply to the provision of Products via our website.
3. Information about us
- Website: https://www.themathmachine.co.za is an
Internet website owned and operated by The Math Machine (Proprietary) Limited ("we", "us", "our").
- We are registered in the Republic of South Africa under company number: 2017/024385/07 and with our
principal place of business situated at Bella Rosa Village, Bella Rosa Street, Rosendal, 7530
- For more information about us, click here.
4. Changes to these terms
time. The amendments will be applicable when published on our website.
binding on you. Take note, the terms applicable on conclusion of the sale of products to you will
apply for the particular purchase.
5. Changes to our website
- We may update our website from time to time, and may change the Content at any time.
- We may stop publishing our site at any time without notice and will not be responsible for any
- Please note The Content on our website is provided for general information purposes only and that
the Content may be out of date at any given time. Although we make reasonable efforts to update the
information on our site, we make no representations, warranties or guarantees, whether express or
implied, that the Content on our site is accurate, complete, free from errors or omissions or
6. Accessing our website
- Access to our website in general is made available free of charge.
- Access to our login facility is subject to your use of our Services and payment for the Services.
- Service Fee: are addressed in our subsequent Terms of Services
and presented on our website.
- We do not guarantee that our website, or any Content on it, will always be available or
uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw,
discontinue or change all or any part of our website (including, but not limited to, the Services
available) without notice to you. We will not be liable to you if, for any reason, our website is
unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our website,
including, but not limited to, mobile data and the costs associated with it. We do not guarantee
that our website, or any portion thereof, will function on any particular hardware or devices. In
addition, use of our website may be subject to malfunctions and delays inherent in the use of the
Internet and electronic communications.
- You are also responsible for ensuring that all persons who access our website through your Internet
comply with them.
- Our website is directed to people residing within the Republic of South Africa. We do not represent
that Content available on, or through, our website or our Services are appropriate or available in
other locations. We may limit the availability of our website or any Service described on our
website to any person or geographic area at any time. If you choose to access our website from
outside the Republic of South Africa, you do so at your own risk.
7. Rights granted to you
revocable, license to access and use our website and Content at any time, solely for your personal,
- Any rights not expressly granted herein are reserved by us and our licensors.
8. Prohibited uses
- You may not use our website or Content:
- in any way that breaches any applicable local, national or international law or
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising
or promotional material or any other form of similar solicitation (for example: Spam).
- to knowingly transmit any data, send or upload any material that contains viruses,
Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs
or similar computer code designed to adversely affect the operation of any computer software or
hardware into our website or the Content used by us or any other Users of our website; or
- to access, without authority, interfere with, damage or disrupt any part of our
website or the equipment or network on which the website is stored.
- You may further not:
- remove any copyright, trademark or other proprietary notices from any portion of
our website or from the Products available;
- reproduce, copy (direct or in-direct), modify, adapt, reproduce, prepare derivative
works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit our website or the Products (or any part
- decompile, reverse engineer or disassemble our website or the Products except as
may be permitted by applicable law;
- cause or launch any programs or scripts for the purpose of scraping, mirroring,
indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or
hindering the operation and/or functionality of any aspect of our website;
- frame our website or any part thereof;
- access or use our website or the Content through automated means, including through
the use of robots, spiders, or offline readers (other than by individually performed searches on
publicly accessible search engines for the sole purpose of, and solely to the extent necessary for,
creating publicly available search indices - but not caches or archives - of our website or the
Content and excluding those search engines or indices that host, promote, or link primarily to
infringing or unauthorized content); or
- attempt to gain unauthorized access to or impair any aspect of our website or its
related systems or networks.
9. Intellectual property rights
- We are the owners and/or rightful licensees of all intellectual property rights (including but not
limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including
the website look and feel and lay out), inventions, trademarks, which are created, invented and/or
developed, registered or unregistered) in or on our website (on the general website or on our login
facility) and Content and any subsequent Services. Those works are protected by local and
international laws and treaties around the world. All such rights are reserved.
- You may copy, and may download extracts, of any page(s) from our website for your personal use and
to determine whether you wish to purchase the Products. You may draw the attention of others to
content posted on our website or by sharing same via social networks or other means available.
- You must not modify the copies of any materials you have printed off or downloaded from our website
in any way, and you must not use any illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text or claim that it is yours. Our status as the authors
and/or owners of Content on our website must always be acknowledged.
- in or related to our website except for the limited license granted under paragraph
7 above and for Service specific Content as per our Terms of
- to use or reference in any manner our business names, service names, logos,
trademarks or services marks or those of our licensors (registered or un-registered).
10. Limitation of our liability
- WE PROVIDE OUR WEBSITE TO YOU ON AN "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED
BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR
WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION,
GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF
OUR WEBSITE OR ANY OF OUR PRODUCTS THROUGH THE USE OF OUR WEBSITE, OR THAT THE USE OF OUR WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR
WEBSITE AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU, TO
THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND THAT YOU WILL INDEMNIFY US AGAINST ANY
CLAIM, DEMAND, DAMAGE, COSTS, LOSS OR LIABILITY (INCL. REASONABLE ATTORNEY’S FEES) RELATED TO YOUR
USE OF OUR SITE.
- WE, OUR DIRECTORS, EMPLOYEES, TUTORS AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, USE
OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (i) THE USE OR THE INABILITY TO USE OUR
WEBSITE; (ii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iII) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON OUR webSITE; (Iv) ANY WEBSITES LINKED TO OUR webSITE AND ANY
CONTENT POSTED ON IT; (V) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR
REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO OUR WEBSITE AND PRODUCTS.
- THE LIMITATIONS AND DISCLAIMER IN THIS PARAGRAPH 10 DOES NOT LIMIT YOUR LIABILITY OR ALTER YOUR
RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER any APPLICABLE LAW.
- Different limitations and exclusions of liability may apply to liability arising as a result of the
supply of Services by us to you, which will be set out in our Terms
- Although we are not obliged to provide security on our website, we feel it is important that your
information, or any communication between us, is dealt with in the most secure manner reasonable
possible. However, because of the nature of the Internet, we cannot guarantee that your
communications with us via our website are completely secure at all times.
- To provide adequate security to all our Users, and to monitor activities prohibited under section 86
of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access
all data sent to the website or any of our other communication facilities, for example, email,
instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC
- It is our policy to virus check documents and files before they are uploaded to our website.
However, we cannot guarantee that documents or files downloaded from our website will be free from
viruses and we do not accept any responsibility for any damage or loss caused by any such virus.
Accordingly, for your own protection, you must use virus-checking software when using this website.
Further, you agree not to upload or provide, via our website, any document or file that may contain
a virus. You are required to virus check any document or file which you intend to upload or provide
to our website.
12. Linking to our website
- You may link to our website, but only to the Homepage,
provided you do so in a way that is fair and legal and does not damage our reputation or take
- You must not establish a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists, or provide a link to our website in any website that is
not owned by you.
- We reserve the right to withdraw linking permission without notice to you.
13. Content and links in our website
Where our website contains links to other websites and resources provided by third parties, these links
privacy policies may apply to your use of such third party content. We do not endorse such third party
content and in no event shall we be responsible or liable for any products of such third party
14. Breach, suspension and termination
- Kindly take note that it is within our discretion to determine whether there has been a breach of
we deem appropriate.
- We specifically exclude any liability for our actions taken in response to a breach of these Terms
- All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our
rights in terms hereof including, without limitation, legal costs on the scale as between an
attorney and own client and collection commission, irrespective of whether any action has been
instituted, shall be recoverable from you if the above rights are successfully enforced.
- No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the
rights of that person and shall not preclude that person from exercising any rights which may have
arisen in the past or which may arise in future.
15. Applicable law and jurisdiction
are governed by the laws of the Republic of South Africa. We both agree that the courts of the
Republic of South Africa will have exclusive jurisdiction.
your right to settle a dispute concerning the CPA (to the extent applicable) using the mechanisms
provided for herein.
16. Electronic communication and contact
- Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
- A Data Message is deemed to be sent:
- By us, at the time shown on such message, or if not so shown, at the time shown on
our information system; and
- By you, at the time when we confirm receipt thereof.
- A Data Message is deemed to be received:
- By us, only when an authorised representative responds thereto (excluding an
automated response). Such acknowledgement does not give legal effect to that message, unless
specifically indicated by us that it does; and
- By you, once it enters your information system.
- As provided for in terms of section 11(3) of the ECT Act, all information incorporated by the use of
- Attribution of Data Messages - You agree and warrant that any Data Message sent, from any computer
or device that is owned by you or programmed by you, to us was sent by you.
- Expression of Intent – use of our website: For purposes of electronic communications between you and
us no electronic signature is required. The mere browsing of our website demonstrates your intent to
17. Contact us
- Website functionality or any other recommendations: Send us an email at
- Questions or queries about our Services: Contact us by way of our Contact-page.
- Complaints: We kindly request that you contact us first should you have any complaints or any other
service related issues. It is important to us that you are satisfied with your purchases. You may
use the contact information as per our Contact-page. Please ask for a
reference number if you speak to any of our representatives/consultants. We will of course reply to
your complaint as soon as practically possible, but wish to note that we stand under no legal
obligation to resolve such complain.
- Legal Documentation or Notices (hopefully this will never be required):
- Physical address: our Premises;
- Email: email@example.com (heading: "LEGAL");
- Marked for the attention of: Managing Director
- If we are required to send you any legal documents or notices you agree that we can send it via
electronic mail to your email address, or by written communication by way of registered post to your
address or if delivery to the aforesaid addresses is not successful, then such contact details we
may find about you on the Internet.
- Any notice to you, or us, which is:
- sent by prepaid registered post in a correctly addressed envelope to the address
specified for it under paragraph 17.4.1 above shall be deemed to have been received, unless the
contrary is proven, within 10 (ten) days from the date on which it was posted;
- delivered by hand, shall be deemed to have been received on the day of delivery,
provided that it has been delivered to a responsible person during ordinary business hours; or
- sent by a Data Message to the addressee shall be deemed to be received as per
paragraph 16.3 above.
- Notwithstanding anything to the contrary herein, a written notice actually received by you or us,
including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was
not sent or delivered to the chosen address.
- Consumer shall have the same meaning attributed to it in terms of the CPA.
- Content means any information, content, images, video, audio, data, works of authorship, materials,
software and technology which may be displayed on, incorporated into, underlying, or used to operate
our website, whether in general on our website or subsequent to registration on our login facility;
- CPA means the Consumer Protection Act, Act 68 of 2008;
- Data Message shall have the same meaning attributed to it in terms of the ECT Act;
- ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
- Personal Information shall have the same meaning attributed to it in terms of the POPI Act;
- POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
- Products means the products available for purchase on our website, including, without limitation,
travel bags, premium coffee, mugs, cups and all ancillary products;
- RIC Act means the Regulation of Interception of Communications and Provision of Communication
Related Information Act, Act 70 of 2002; and
- Users mean users of our website (including you).