PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE
1. Terms of website use
herein, makes provision for the terms and conditions applicable when making use of our website or such mobi-sites or applications
that directs you to our website and/or any social network website we
make available to you (“our website(s)”).
the terms on which we process any Personal Information we collect from you, or that you provide to
us, which also apply to your use of our website.
- If you use our Services, our Terms of Service, and these Terms of
Use will apply to the provision of Services via our website.
- By using our website, you consent to such processing and you warrant that all Personal Information
provided by you is accurate.
making use of our website.
risk or liability of THE MATH MACHINE, constitutes an assumption of risk or liability by you, impose
an obligation by you to indemnify THE MATH MACHINE and is an acknowledgement of any fact by you.
2. Information about us
Our website is owned by THE MATH MACHINE (PROPRIETARY) LIMITED ("we", “us”,
- Registered Address:
39 Carl Cronje Drive, Willowbridge Centre, First Floor, Regus Offices, Tyger Valley, 7530
+27 (21) 974-6285
- THE MATH MACHINE is a member of the Franchise Association of South Africa;
- For purposes of the Services that relates to the tutoring of children in a class set-up (“the
Machine Package”) we make use of a Franchisees;
- Franchisees operate within a specific area. On selection of the area (“branch”) on the sign-up
screen, you will select the Franchisee that you will engage with. For more details about the
specific Franchisee see Find a Centre
(red banner on specific Franchise page) with contact details under Contact Us.
3. Changes to these terms
time. The amendments will be applicable when published on our website.
binding on you.
4. 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
- The Content on our website is provided for general information purposes only and 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out of date at any given time.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 up-to-date.
5. Accessing our website
- Access to our website is made available free of charge.
- We do not guarantee that our website, or any Content on it, will always be available or be
uninterrupted. Access to our website is permitted on a temporary basis.
- We may suspend, terminate, withdraw, discontinue or change all or any part of our website
(including, but not limited to the Services/ activities/ campaigns 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
- 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.
6. Rights granted to you
revocable, license to access and use our website and Content at any time, solely for your personal,
non-commercial use, on any device of which you are the primary user.
- We may terminate this licence at any time for any reason.
- Any rights not expressly granted herein are reserved by us.
7. Prohibited uses
- You may not use our website or Content:
- in any way that breaches any applicable local, national or international law or
regulation (including intellectual property laws);
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect;
- in any way that encourages any illegal activity, including, but not limited to,
promoting or facilitating access to, use of and/ or sale of illegal substances, services,
information and/ or devices;
- 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;
- to access or attempt to access, without authority, interfere with, damage, alter,
corrupt or disrupt any data or part of our website or the equipment or network on which the website
is stored; and/ or
- in any way to facilitate or assist any third party to do any of the above.
- You may further not:
- remove any copyright, trademark or other proprietary notices from any portion of
our website or from the Services available;
- reproduce, copy (direct or in-direct), modify, adapt, 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 Services (or any part thereof);
- decompile, reverse engineer or disassemble our website or the Services 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 unauthorised content);
- transmit content that the user does not own or does not have the right to publish
or distribute; or
- attempt to gain unauthorised access to or impair any aspect of our website or its
related systems or networks.
E-mail addresses, names, telephone numbers, physical addresses and/ or fax numbers published on
our website may not be incorporated into any database used for commercial purposes or electronic
marketing or similar purposes. The presentation of such details is no “opt-in”/ permission from
us to utilise same.
8. Intellectual property rights
- We are the owner and/ or rightful licensee of all intellectual property rights and the Franchisee is
the rightful licensee of certain 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 and photos), inventions, trademarks, trade names, tables and compilations
of data which are created, invented and/ or developed, registered or unregistered) in our website
relation to our intellectual property rights (or the intellectual property rights of third parties).
- 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 use our Services or any of the other services advertised on our
website. You may draw the attention of others to content posted on our website or by sharing same
via social networks or other means available. Any other use, distribution or reproduction of our
- 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
of Content on our website must always be acknowledged.
- in or related to our website except for the limited license granted under paragraph
6 above; or
- to use or reference in any manner our business names, service names, goods names,
logos, trademarks, designs or services marks or those of our licensors (registered or
9. 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 QUALITY, RELIABILITY, SUITABILITY,
ACCURACY, CORRECTNESS OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR SERVICES OR ACTIVITIES OR
OTHER INFORMATION, OR THAT PROVIDED BY ANOTHER USER, 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.
WE OUR FRANCHISEES, OUR OWNERS, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, EMPLOYEES AND/ OR
CONTRIBUTORS (WHERE APPLICABLE) SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM INFORMATION MADE
AVAILABLE ON (OR BY MEANS OF) OUR WEBSITE, OTHER USERS THEREON, OR THE ACCESS OR USE OF OUR
WEBSITE OR THE USE OF ANY OF OUR OR ANY THIRD-PARTY PRODUCTS AND/ OR SERVICES.
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD US, OUR FRANCHISEE), AND OUR DIRECTORS, EMPLOYEES
AND CONTRIBUTORS, HARMLESS IMMEDIATELY ON DEMAND, FROM AND AGAINST ALL CLAIMS, LOSSES, COSTS AND
YOU, OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY OTHER PERSON
ACCESSING THE WEBSITE USING YOUR PERSONAL INFORMATION.
WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF OUR SERVICES TO YOU
IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, LEGISLATION, WAR OR
CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER, OR ANY OTHER CIRCUMSTANCE BEYOND ITS REASONABLE
CONTROL INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES ("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 US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND
PLANS OR OTHER MEANS.
DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF
THE SUPPLY OF SERVICES BY EITHER US OR THE FRANCHISEE TO YOU, WHICH WILL BE SET OUT IN OUR
SERVICE SPECIFIC TERMS AND CONDITIONS. FOR THIS PURPOSE, REFER TO THE TERMS AS SET OUT IN OUR TERMS OF SERVICE.
- 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 reasonably
possible. We take reasonable security measures to ensure the safety and integrity of our website and
to exclude viruses, unlawful monitoring and/ or access to our website. 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 Act.
- It is our policy to virus check documents and files before they are uploaded to our website (if
any). 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.
11. Linking to our website
- You may link to our website from your website or other social media page, but only to our Homepage,
or page of your service provider, provided you do so in a way that is fair and legal and does not
- 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.
12. Content and links in our website
Where our website contains links (hyperlinks, deep links, framing) to other websites and resources
provided by third parties, these links are provided for your convenience and information only. You
content. We do not endorse such third party content and in no event shall we be responsible or liable
for any information, material, products or services of such third party providers. Any such links do not
imply any endorsement, agreement on or support of the content or products or services of such target
We do not purport to own the content on the other websites which may be shown on our website. Should the
owner of any content showcased on our website(s) want the content to be removed, please write to us by
using the contact facility on our Contact page to request the removal of such
Your access and use of the other websites remain solely at your own risk and on the terms set by the
relevant third party.
Social networks (where applicable): You agree that when accessing, using and/ or
posting or uploading any content or materials of any kind to our social network pages (including but not
limited to Facebook, Instagram or any other facility made
available by us from time to time) (if any), you will-
not use the social network page of communication facility in any improper or unlawful
manner or in breach of any legislation or licence that applies to you;
not harass others or disclose personal information about others that could amount to
not submit, publish, post, upload, store, distribute or disseminate any defamatory,
infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise
illegal or objectionable material or information;
not submit, post or upload files that contain software or other material the
intellectual property rights in which are owned by any third party or which are protected by rights of
privacy or publicity of any third party without having received all necessary consents;
not upload files that contain viruses, corrupted files, or any other software or
programs that may interfere with or damage the operation of the social network page or any other
not impersonate any person or entity, or falsely state or otherwise misrepresent
yourself in any way;
not promote any activity that is illegal;
not use software to harvest information from the social media network page;
not submit any material which is prohibited by any applicable data protection or
only upload or submit material to the social network page which either you own or which
you have the permission of the owner of that material to submit;
not otherwise submit, post or upload any content or materials or otherwise do anything
abide to the particular social network’s Community Standards
(Facebook) or Community Guidelines (Instagram) or any other similar rules and
guidelines made available by the particular social network. You agree that you shall be solely
responsible for all content, information or materials of whatever nature or medium that you submit,
post, upload, publish or display on or through the social media network page or transmit to or share
with other users ("User Content") and you warrant and undertake that you own the intellectual property
rights in and to all User Content or that you are otherwise entitled to submit the same to the page. You
acknowledge and agree that we may, but are not obligated to, monitor the content (including the User
Content) on the social media network page(s) and may delete or remove from the said page immediately
without notice any User Content or any other content of whatever nature, for any or no reason, including
without limitation, if such content in our absolute discretion is in breach of any of the rules or
Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent by
using our Contact page.
13. 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, provided that we give reasonable notice to you.
- 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.
- The obligations and liabilities of users incurred prior to the termination date of these Terms and/
or use of the Services shall survive the termination of these Terms for all purposes.
- 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.
14. Applicable law and jurisdiction
the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the Western
Cape High Court of South Africa (Cape Town), which shall have exclusive jurisdiction over any dispute
that may arise from these Terms and Conditions.
15. Electronic communication and contact
- Any Data Messages sent by us to you shall be deemed to have been sent from the Premises (see clause
- 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 hyperlinks and/ or other methods of reference shall form
- 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
16. Contact us
- Website functionality or any other recommendations: Use the communication facility
on our website (click here) or send us an email at
- Questions or queries about Campaigns and related activities: Contact us by way of
- Complaints: We kindly request that you contact us first should you have any
complaints or any other issues. It is important to us that you are satisfied with your enquiry. You
may use the contact information as per our Contact-page. Please ask for
a reference number when you contact us to lodge a complaint. 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 complaint. Where you have engaged with a Franchisee the recommendation is to contact
the Franchisee first with any complaint.
- Legal Documentation or Notices (hopefully this will never be required):
- Physical address: Premises as per clause
- Legal enquiry: please use our Contact-page. If you have
a legal enquiry, we will use the email address supplied by you on our communication facility to
respond to your legal question (subject: “LEGAL”).
- 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 clause 2 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
clause 15 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.
- Content means any information, content, images, video, audio, data, works of
authorship, materials, software or technology which may be displayed on, incorporated into,
underlying, or used to operate our website.
- 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 25 of 2002.
- Personal Information shall have the same meaning attributed to it in terms of the
- POPI Act means the Protection of Personal Information Act of 2013.;
- RIC Act means the Regulation of Interception of Communication and Provision of Communication-
Related Information Act 70 of 2002.
- Services refers to our website and the Services supplied by us and/or Franchisee(s)
as reflected on our website and promoted via other sites of ours (if any), as well as the services
of third-party affiliates and/ or service providers on our website; and
- Users mean users of our website (including you!) and the individual accessing or
using the Services, or the organisation, or other legal entity on behalf of which such individual is
accessing or using the Services, as applicable.