TERMS OF SERVICES
EFFECTIVE DATE: JUNE 01, 2017
Keep it on Core provides its services to You (“You”) via its website located at www.KeepitonCore.co.za (the “Website”), third party websites, other servers and related mobile applications (collectively the “Services”). The Services are provided subject to the following Terms of Services (“TOS”), which may be updated by us from time to time without notice to You. In South Africa the Services are provided by Keep it on Core Canada. In this TOS, “Keep it on Core”, “we” or “our” refers to every corporation including any parent, subsidiary and affiliate of Keep it on Core Canada that is providing the Services to You.
PLEASE READ THE TOS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TOS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY NECESSARY TO BIND YOURSELF, OR THE CHILD, ON WHOSE BEHALF YOU REGISTER, TO THE TOS. IF AT ANYTIME YOU DO NOT AGREE TO ALL SECTIONS OF THE TOS, YOU ARE NO LONGER GRANTED A LICENSE TO USE THE WEBSITE OR THE SERVICES AND MUST DISCONTINUE ALL YOUR USE OF THE WEBSITE AND THE SERVICES.
Eligibility. The Website and the Services are not available to any person that Keep it on Core has previously suspended or removed. By clicking the “I Agree” button or by otherwise using, or registering for an account with Keep it on Core, You represent that (a) You have not been previously suspended or removed from the Website or the Services by Keep it on Core or its agent; (b) You are the parent or guardian registering on behalf of Your child, or Your parent and/or guardian has consented to Your use of the Website and the Services; and (c) Your registration and Your use of the Website and the Services or their use by the child on whose behalf You have registered is and will be in compliance with any and all applicable laws and regulations.
Account. In order to use the Website and the Services, You must register for an account. You may be asked to provide a password in connection with Your account. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You accept responsibility for all activities that occur under Your account or password. The information You provide to Keep it on Core, whether on registration or at any other time, will be true, accurate, current, and complete. You will ensure that this information is kept accurate at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit card number), You will immediately notify Keep it on Core. You may be liable for the losses incurred by Keep it on Core or others due to any unauthorized use of Your account. You will log out of Your account at the end of each session. Your account may not be shared with any person without prior express authorization from Keep it on Core.
Membership. When You register for an account, You will become a member of Keep it on Core and have the right to use the Website and Services. The service included under this “Membership” is defined as followed: All videos and Licensed Educational Content as available on the website. Keep it on Core may at its sole discretion make additional videos and licensed educational services available for enrichment purposes which do not form part of the membership services. These include, but are not limited to, Live Exam revision seminars, additional pre-recorded exam preparation materials and services, Advanced-Program Mathematics. These additional educational services and materials will not be automatically charged by Keep it on Core to existing members and are optional additions to existing membership agreements. These additional services will be charged separately to existing membership agreements if agreed by both parties.
Fees and Charges. Keep it on Core may now, or in the future, charge fees for access to and use of the Website or the Services (“Fees”). The Fees are stated at www.KeepitonCore.co.za. You will pay all Fees and applicable taxes that Keep it on Core is required to collect for Your use of the Website and the Services. Any changes in Fees will be noted on the Website no less than thirty (30) days prior to the date that such Fee changes will be effective.
Keep it on Core may also levy additional charges for Your use of the Website or the Services (“Charges”). Keep it on Core will provide personal notice to you, via email or other means of delivery personal to You, prior to the levying of any Charges although, once You have agreed to such Charges, any increase in such Charges will be noted on the Website no less than thirty (30) days prior to the date that such increase in charges will be effective.
Payment Methods. By starting Your Keep it on Core account, You expressly agree that Keep it on Core is authorized to automatically charge You the Fees, other additional fees, Charges and taxes on a monthly basis at the then-current rate. The Fees, other additional Fees, Charges and taxes will be billed on the commencement date of your membership with Keep it on Core. This date will be after the 7 day free trial period from the date the account was created. For example if the account was created on the 6th of June 2017, the monthly charge will be levied on the 13th of June and the 13th day of each month thereafter unless and until You cancel Your Membership and terminate Your account. If You wish to view the commencement date for Your next renewal period, You can check that information by clicking on Account and then on My Account and then the Subscriptions link.
If Your monthly Membership began on a day not contained in a given month, Keep it on Core will bill Your Payor Method on the last day of such month. For example, if You became a member on January 31, Your Payor Method would next be billed on February 28. Keep it on Core will charge the Fees, if any, and other additional fees, Charges and taxes You authorize, credit card or other payment method (collectively, “Payor Method”) You designate. You authorize the Payor Method You designate to pay any amounts described herein and authorize Keep it on Core, or any other company that acts as a billing agent for Keep it on Core, to continue to attempt to charge all sums described herein to Your Payor Method until such Fees are paid in full. You will provide Keep it on Core with updated information regarding Your Payor Method upon Keep it on Core’s request, and any time the information earlier provided is no longer valid. If payment is not received by Keep it on Core from Your Payor Method, You will pay all amounts due upon demand by Keep it on Core.
Keep it on Core shall have the right to immediately preclude You from using the Website and the Services if Your account is not current.
If You wish to change Your Payor Method or need to update information regarding Your Payor Method, You must notify Keep it on Core of such changes by using the Manage Account page on the Website. If Your Payor Method reaches its expiration date and You do not edit Your Payor Method information or cancel Your account, You authorize Keep it on Core to continue to bill that Payor Method and You remain responsible for any uncollected amounts.
The amount billed by Keep it on Core in each billing period may vary for reasons that include differing amounts due to changes in Your Membership plan, and You authorize Keep it on Core to charge Your Payor Method for such varying amounts. Payments are non- refundable and there are no refunds or credits for partially used periods.
Credit Card Authorization. If Keep it on Core permits You to use a credit card to pay for any Fees, You will be asked to provide Keep it on Core with a credit card number from a card issuer that Keep it on Core accepts. Keep it on Core may seek pre-authorization of Your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover Your purchase. Please contact Your credit card issuer if You have additional questions regarding this pre- authorization amount.
Changes in Price; No Refunds. Keep it on Core may at any time change its Fees. All Fees are final and non-refundable.
DESCRIPTION OF SERVICES
Keep it on Core provides persons who use the Website (“Users”) with Services to assist in learning certain educational subjects. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Keep it on Core properties, shall be subject to the TOS. The Services are provided “as-is”, and Keep it on Core assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User Generated Content (defined below) or personalization settings.
In order to use the Services, You must have access to the Internet, either directly or through devices that access web-based content. In addition, You must provide all equipment necessary and charges assessed in order to connect to the Internet.
Keep it on Core owns all right, title and interest in the Website, the Services, Licensed Educational, Content (defined below) and Licensed Educational Code (defined below). All rights not expressly granted hereunder are reserved by Keep it on Core. Except for the limited licenses expressly granted herein, the TOS grants You no right, title, or interest in any intellectual property owned or licensed by Keep it on Core including, but not limited to, the Keep it on Core trademarks. Any rights granted hereunder are granted solely to You.
License. Unless indicated as being in public domain, all educational videos and exercises provided by Keep it on Core (the “Licensed Educational Content”) and all educational, User-readable source code made available to You by Keep it on Core on or through the modules or exercises (the “Licensed Educational Code”) are protected by relevant intellectual property and proprietary rights and applicable laws. Subject to the TOS, You are hereby granted a limited, nonexclusive, freely revocable license to use the Website and the Services. All rights not expressly granted to You herein are reserved by Keep it on Core.
Keep it on Core may at any time change the specifications of or restrict or limit access to the Website and/or the Services in Keep it on Core’s sole discretion. Keep it on Core may use any technological means to enforce the TOS.
License Restrictions. The Licensed Educational Content and the Licensed Educational Code(collectively, the “LECs”) are intended for personal, non-commercial use only.
All information including but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks and other materials (“User Generated Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Generated Content originated. You are entirely responsible for all User-Generated Content that You upload, post, e-mail, transmit or otherwise make available via the Services. Whether or not such User Generated Content is published, Keep it on Core does not guarantee any confidentiality with respect to any submissions.
Keep it on Core does not control the User Generated Content and, as such, does not guarantee the accuracy, integrity or quality of such User Generated Content. Under no circumstances will Keep it on Core be liable in any way for any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available via the Services.
The technical processing and transmission of the Services, including Your User Generated Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User Generated Content Disclaimer. When using the Services, You will be exposed to User Generated Content from a variety of sources. Keep it on Core is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Generated Content. You may be exposed to User Generated Content that is inaccurate, offensive, indecent or objectionable. You waive any legal or equitable rights or remedies You have or may have against Keep it on Core with respect to such User Generated Content. Keep it on Core does not endorse any User-Generated Content or any opinion, recommendation or advice expressed therein, and Keep it on Core expressly disclaims any and all liability in connection with User-Generated Content.
If You are a content owner or User with concerns regarding Your intellectual property rights, please contact KeepitonCore.co.za. If notified by a User or a content owner of User Generated Content that allegedly does not conform to the TOS including, without limitation, allegations of infringement of third-party intellectual property or proprietary rights, Keep it on Core may investigate the allegations and determine in its sole discretion whether to remove the User Generated Content, which it reserves the right to do at any time and without notice or liability to You. Keep it on Core does not permit intellectual property infringing activities on the Website. Keep it on Core respects the intellectual property of others and takes the protection of intellectual property very seriously, and expects that You and all Users will do the same.
License Grant to Keep it on Core. By submitting or distributing User Generated Content, You hereby grant to Keep it on Core a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit Your User Generated Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
License Grant to Users. By submitting or distributing User Generated Content, You hereby grant to each User a non-exclusive license to access and use Your User Generated Content. By submitting or distributing User Generated Content, You hereby grant to each User a non-exclusive license to access and use Your User Generated Content. Users’ rights to such User Generated Content arising out of distributions of such User Generated Content survive any termination or expiration of the license granted in the TOS.
User Generated Content Representations and Warranties. You are solely responsible for Your User Generated Content and the consequences of posting or publishing User Generated Content. By uploading, submitting, creating, or publishing Your User-Generated Content, You represent, and warrant that You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Keep it on Core and Keep it on Core’s Users to use and distribute Your User Generated Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Keep it on Core and the TOS. Keep it on Core reserves all rights and remedies against any User who violates the TOS.
Access to Your User Generated Content. Keep it on Core permits Users to share their User Generated Content with a select group of other Users, or make their User Generated Content public for all (even non-Users) to view. You acknowledge and agree that although Keep it on Core may provide certain features intended to allow You to restrict some User Generated Content You create from others, Keep it on Core does not guarantee that such User Generated Content will never be accessible by others. In the event of unauthorized access, Keep it on Core will use reasonable efforts to notify You. KEEP IT ON CORE HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER GENERATED CONTENT.
Prohibited Conduct. BY USING THE WEBSITE AND/OR THE SERVICES YOU AGREE NOT TO:
- use the Website or any Services for any commercial use or purpose unless expressly permitted by Keep it on Core in writing, it being understood that the Website and related Services are intended for personal, non-commercial use only;
- use the Website and/or the Services for any purposes other than to receive original or appropriately licensed content and/or to access the Website;
- sell or rent (i) all or any part of the LECs, (ii) any derivative works based all or in part on the LECs, or (iii) any collective or derivative work that includes all or any part of the LECs;
- provide training, support, or editorial services that use or reference the LECs, whether or not in exchange for a fee;
- sell advertisements, sponsorships, or promotions placed on the LECs, or any part thereof, or sell advertisements, sponsorships, or promotions on any website or blog containing any part of the LECs;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein;
- post, upload, or distribute any defamatory, libelous, or inaccurate User Generated Content or other content;
- post, upload, or distribute any User Generated Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights notices on the Website, the Services, the LECs or User Generated Content;
- assert, or authorize, assist, or encourage any third party to assert, against Keep it on Core or any of its affiliates or licensors, any intellectual property infringement claim regarding any LECs, or User Generated Content You have used, submitted, or otherwise made available;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to Users;
- use the Website or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, the Services, the LECs, or User Generated Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, the Services, the LECs, or User Generated Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website, the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Website, the Services or any part thereof, except and only to the extent expressly permitted by Keep it on Core herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
- intentionally interfere with or damage operation of the Website, the Services or any User’s enjoyment of them or either of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- engage in any activity that is fraudulent or otherwise illegal or promotes illegal activities, including without limitation engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for misleading purposes;
- engage in any activity that is malicious or harmful to any person or entity, including in an activity that may be libelous or defamatory, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age;
- engage in spamming or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines;
- request, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any User, or to proxy authentication credentials for any User for the purposes of automating logins to the Website or the Services;
- interfere or attempt to interfere in any manner with the functionality or proper working of the Website or Services, or any portion or feature thereof;
- impose or purport to impose any obligation on any person, or grant or purport to grant any right, power or authority to You or any other person, that would be inconsistent with the TOS. Any such obligation, right, power or authority purportedly imposed or granted shall be null and void;
- remove, obscure, or alter any notice of any proprietary right appearing on the Licensed Educational Content;
- copy, distribute, reproduce, sell, use or allow access to the Licensed Educational Content except as explicitly permitted under the TOS;
- attempt to conceal your identity when requesting authorization to use the Website and/or the Services;
- use an unreasonable amount of bandwidth, storage or processing power as determined by Keep it on Core in its sole discretion;
- violate any laws, treaties, regulations or other governmental order;
- use the Services in a manner that adversely impacts the stability of Keep it on Core’s servers or adversely impacts the behavior of other Users, in Keep it on Core’s sole determination; or
- Use the Website or Services for the purpose of collecting personally identifiable information of any User.
MODIFICATIONS TO SERVICES
Keep it on Core reserves the right at any time, and from time to time, to modify or temporarily discontinue the Services or any part thereof with or without notice to You. Keep it on Core shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
TERMINATION OF KEEP IT ON CORE
In the event of permanent discontinuance of the Services, the Website and Services will remain accessible to You until the end of Your prepaid Membership.
By Keep it on Core. Keep it on Core, in its sole discretion, may for any reason or no reason terminate Your password, Your account or any part thereof, or Your use of the Services, for any reason including, without limitation, for lack of use, or if Keep it on Core believes or knows that You have violated or acted inconsistently with the letter or spirit of the TOS. Any real or suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Keep it on Core may have at law or in equity. Keep it on Core also may, in its sole discretion, remove any User Generated Content You submitted. Keep it on Core may also, in its sole discretion and at any time, discontinue providing the Services or any part thereof, with or without notice. Any termination of Your access to the Services under any provision of this TOS may be effectuated without prior notice. Keep it on Core may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Further, Keep it on Core shall not be liable to You or any third-party for any termination of Your access to the Services.
By You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) the Services; (iii) any term of the TOS, (iv) any policy or practice of Keep it on Core in operating the Website and/or the Services, or (v) any content or information transmitted through the Website and/or the Services, is to terminate the TOS and Your account. You may terminate the TOS at any time by deleting Your login account with the Website and discontinuing use of any and all parts of the Website and/or the Services. You must terminate Your account 5 days before it renews for the next billing period in order to avoid being billed for the next month.
To terminate Your account and cancel Your Membership, sign into Your account, access the Account/My Account link, then the Subscriptions link and, click “Cancel” and follow the instruction provided there.
If You terminate Your account, You won’t be charged again and You will get access to the Website and the Services for the rest of the period for which You’ve already paid. Keep it on Core will not offer any refund, whether full or pro-rated, for any partial month.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Keep it on Core has no control over such sites and resources, Keep it on Core is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources. Keep it on Core shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with Your use of or reliance on any such content, goods or services available on or through any such third party site or resource.
KEEP IT ON CORE’S PROPRIETARY RIGHTS
The Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information offered to You through the Services is protected by proprietary rights and laws. Except as expressly authorized by Keep it on Core or advertisers, You will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
You will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You will not modify the Software in any manner, or use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Services. You will not access the Services by any means other than through the interface that is provided by Keep it on Core.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEEP IT ON CORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- KEEP IT ON CORE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, EVEN IF SUCH ARE REPORTED TO KEEP IT ON CORE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEEP IT ON CORE, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
KEEP IT ON CORE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEEP IT ON CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
LIMITATION OF DAMAGES
IN NO EVENT WILL THE TOTAL LIABILITY OF KEEP IT ON CORE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TOS OR YOUR USE OF THE WEBSITE OR THE SERVICES OR OTHER USERS (WHETHER IN CONTRACT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE THOUSAND RAND (ZAR), WHICHEVER IS LESS.
Indemnification. You will indemnify, defend, and hold harmless Keep it on Core, its parent, subsidiaries, affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (collectively, the “Keep it on Core Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your User Generated Content, any use or misuse of the Website, the Services, any violation of the TOS, or any breach of the representations, warranties, and covenants made herein. The Keep it on Core Indemnitees reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify the Keep it on Core Indemnitees, and You will cooperate with the Keep it on Core Indemnitees’ defence of these claims. The Keep it on Core Indemnitees will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Keep it on Core is a registered trademark of Keep it on Core.
Changes to the TOS may be made by Keep it on Core at any time without specific notice to You. New versions of the TOS will be reflected by a changed date at the beginning of the TOS. Each time you access the Services or visit the Website, You confirm Your acceptance of the TOS as it reads on the date of Your most recent access.
The TOS constitutes the entire agreement between You and Keep it on Core and governs Your use of the Services, superseding any prior agreements between You and Keep it on Core. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. The TOS and the relationship between You and Keep it on Core shall be governed by the laws of the Province of Ontario, Canada without regard to conflict of law provisions. The failure of Keep it on Core to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, You and Keep it on Core nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Dispute Resolution. You will not bring, nor combine with any others to bring, a class action against Keep it on Core for any claim arising under the TOS, the Website, the Services or any other reasons. All claims brought against Keep it on Core for any relief except injunctive or other equitable relief shall be addressed in binding non-appearance-based arbitration. In such a situation, you will comply with the following rules: (a) the arbitration shall be conducted by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Assignment. The TOS, and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by Keep it on Core without restriction. Any assignment attempted to be made in violation of the TOS shall be null and void.
Survival. Upon termination of the TOS, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Any references to currency in the TOS are to South African Rands (ZAR)