TERMS OF USE

  1. Introduction

1.1  The hereunder terms of use and privacy policy apply to the website accessed at www.englishexperience.co.za (the ‘Website’), which is owned, operated and regulated by English Experience CC (‘English Experience’,  ‘we’,  ‘us’ and  ‘our’).

1.2  These Website Terms and Conditions (‘Terms and Conditions’) govern the ordering, sale and delivery of books, and the use of the Website as well as the collection, storage and management of data.

1.3  These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (‘you’,  ‘your’ or  ‘user’), including without limitation each user who registers as contemplated below (‘registered user’). By using the Website and by clicking on the ‘Register Now’ button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4  The Website enables you to shop online for an extensive range of educational resources including, but not limited to, educational books and manuals in both printed and digital format (‘Goods’).

  1. Important Notice

2.1  These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the ‘CPA’).

2.2  If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request clarity from The English Experience before confirming your acceptance of these Terms and Conditions or continuing to use the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 8 below, which describes the nature, functionality, usage rights and delivery of eBooks.

2.3  Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The English Experience in terms of the CPA.

2.4 The English Experience permits the use of this Website subject to the Terms and Conditions.

2.5  By using this Website in any manner, it will be deemed that you have accepted these Terms and Conditions. It follows, that in the event that you do not accept these Terms and Conditions, you should not use the Website in any way.

3  Registration and use of the website

3.1  Only registered users may order Goods on the Website.

3.2  To register as a user, you must enter a username and password and provide certain information and personal details to The English Experience. Your created username and password are necessary and must be used for the purchase of Goods.

3.3  You agree and warrant that your username and password shall:

3.3.1 be used for personal use only; and

3.3.2 not be disclosed by you to any third party.

3.4  For the purposes of ordering Goods, the correct username and password must be entered every time for security purposes.

3.5  By accepting these Terms and Conditions, you agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

3.6  By accepting these Terms and Conditions, you agree to notify The English Experience immediately of any unauthorised access, that you are aware of or reasonably suspect, or use of your username and password and to take steps to mitigate any consequential loss or harm.

3.7  By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

3.8  You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised English Experience representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

3.9  You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.10  You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised The English Experience representative.

3.11  The English Experience will not be held liable for any loss of information collected on the website and stored during the course of managing your account.

4 Conclusion of sales and availability of stock

4.1  Registered users may place orders for Goods, which The English Experience may accept or reject. The acceptance of the order by The English Experience depends on:

4.1.1 availability of Goods;

4.1.2 correctness of the information relating to the Goods (including without limitation the price); and

4.1.3  receipt of payment or payment authorisation by The English Experience for the Goods.

4.2  Upon placing your order on the site, you will be furnished with an invoice for your selected goods via email (Sent to the email you used upon registration).

4.3  Acceptance of your order by The English Experience will be conveyed to you by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and The English Experience come into effect (the ‘Sale’). The Sale will only be concluded in this fashion regardless of any communication from The English Experience stating that your order or payment has been confirmed. The English Experience will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

4.4  An order for Goods may be cancelled prior to delivery or your collection of the Goods. Orders may be cancelled at any time prior to the receiving of a dispatch or delivery notice and therefore you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice.

4.5  The placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold The English Experience liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

4.6  By accepting these terms and conditions, you acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by The English Experience, The English Experience will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, The English Experience will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

4.7  Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

5 Payment

5.1 Payment for Goods cannot be processed through the Website, and thus payment is made manually into The English Experience’s account.

5.2  Payment can be made for Goods via –
5.2.1  direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. The English Experience will not accept your order if payment has not been received;

5.2.2  Instant EFT;

5.3  The English Experience will acknowledge payment, and make the necessary preparations for the dispatch and release of goods, upon receipt of proof of payment.

5.4  It is your responsibility to furnish The English Experience with proof of payment. A mere instruction to pay will not be regarded as proof of payment.

6  Delivery of goods

6.1 The English Experience offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

6.1.1 courier; or

6.1.2 self-collection.

6.2 The English Experience elicits the services of a Third-Party courier company to deliver goods to your elected address.

6.3 The English Experience is responsible for goods until such time when the goods are collected by the Third-Party courier company and accordingly, the English Experience is not liable for any damage or loss caused by such Third Party during the delivery process.

6.4 The English Experience is not liable for any delays to the delivery of Goods caused by the Third-Party courier company.

6.5 The English Experience will only arrange for the delivery of Goods once it is satisfied that the necessary funds, for such delivery, have been secured from the consumer.

7  Errors

7.1  We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.

7.2  The English Experience shall not be bound by any incorrect information regarding our products displayed on any third-party websites.

8  eBooks

8.1  An ‘eBook’ means an electronic book capable of being opened and read on your PC, Mac computer or any other device capable of accessing same through the Website.

8.2       Indemnity Regarding eBooks

8.2.1    The Access to an eBook is hosted by a third party service provider – engaged by The English Experience. As such, The English Experience cannot be held liable for damages caused, by or as a result of, any of the undermentioned circumstances:

8.2.1.2 Any unforeseen restriction of access to the eBook – at the behest of the third party service provider;

8.2.1.3 Inability, of the client, to access the eBook due to technical fault or failure to the system, eBook or website;

8.2.1.4 Corruption of the eBook file;

8.2.1.5 Failure, by the client, to enter their password or username correctly.

8.3  In order to access the eBook, you will be required to successfully log-in to your account with your chosen username and password.

8.4  A working internet connection is required at all times to access the eBook, as the purchase thereof constitute rights to access the eBook and not the eBook itself.

8.5  Access to the book will only be available for a limited period of time. Upon expiry of such period, access to the eBook will be retracted and the rights to access the eBook will have to be repurchased in order to extend the period of access.

8.6  The eBook cannot be downloaded to hard drive on the device used to access same and can only be viewed while online, through the Website.

8.7  IMPORTANT – Limits to functionality and usage of eBooks:
8.7.1  You will not be able to read eBooks on devices that do not support any of the Reader Applications, therefore check your device prior to purchasing an eBook.

8.7.2 In order to ensure that you maintain access to the eBook in the event that such access is restricted for any of the abovementioned reasons, or any other unforeseen reason, The English Experience recommends that a hard copy version, of the eBook in question, is purchased in conjunction with said eBook.

9  Privacy policy

9.1 Refer to The English Experience Privacy Policy document.

10 Changes to these Terms and Conditions

10.1  The English Experience may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

10.2  Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

11 Electronic communications

11.1  When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 9 above.

12  Ownership and copyright

12.1  The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (‘Website Content’) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of The English Experience, its advertisers and/or sponsors and/or is licensed to The English Experience.

12.2  You will not acquire any right, title or interest in or to the Website or the Website Content.

12.3  Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

12.4  Where any of the Website Content has been licensed to The English Experience or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

13 Disclaimer

13.1  The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

13.2  Whilst The English Experience takes reasonable measures to ensure that the content of the Website is accurate and complete, The English Experience makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by The English Experience’s representatives, The English Experience shall not be bound thereby.

13.3  The English Experience disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

13.4  Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

13.5 Any views or statements made or expressed on the Website are not necessarily the views of The English Experience, its directors, employees and/or agents.

13.6  In addition to the disclaimers contained elsewhere in these Terms and Conditions, The English Experience also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

13.6.1  You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of The English Experience, its employees, agents or authorised representatives. The English Experience thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

14  Linking to third party websites

14.1  This Website may contain links or references to other websites (‘Third Party Websites’) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and The English Experiences is not responsible for the practices and/or privacy policies   of those Third Party Websites or the ‘cookies’ that those sites may use.

14.2  Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or our reliance on any information contained thereon.

15  Limitation of liability

15.1  The English Experience cannot be held liable for the publishing of any inaccurate information on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of The English Experience, its employees, agents or authorised  representatives.

15.2  The English Experience shall not be liable for loss or damages that are direct, indirect, incidental, special or consequential which may have arisen from your use of and/or reliance upon the Website and the contents thereof.

15.3  By your acceptance of these Terms and Conditions you indemnify the English Experience for any loss, claim or damage suffered by yourself and/or third-party arising from the use of the Website.

  1. Availability and Termination

16.1  The English Experience shall use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

16.2  The English Experience may of its own accord and discretion:

16.2.1 Terminate, suspend and modify this Website, with or without notice to you. You agree that The English Experience will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

16.3  Failure to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, may (in our sole discretion with or without notice to you):

16.3.1 Lead to a suspension and/or termination of your access to the Website and/or access to any goods without any prejudice to any claims for damages or otherwise that we may have against you.

16.4 The English Experience is entitled, for purposes of preventing:

16.4.1 suspected fraud and/or

16.4.2 suspected abuse the Website and/or

16.4.3  creation of multiple user profiles to take advantage of a promotions; may take the following action against you: blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any  order  concluded between you and   The English Experience, in whole or in part, on notice to you. The English Experience shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

16.5  At any time, you can choose to stop using the Website, with or without notice to The English Experience.

17  Governing law and jurisdiction

17.1  Any dispute arising from these Terms and Conditions shall be governed and interpreted in accordance with the Republic of South Africa.

17.2  By virtue of your continued use of the Website, same will constitute your tacit consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

17.3  No clause in this paragraph, or the Terms and Conditions as a whole, have the effect of limiting your right, in terms of the CPA, to approach any court, tribunal or forum having competent jurisdiction conferred by the CPA.

18 Information

18.1  For the purposes of the Electronic Communications and Transactions Act, The English Experience’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

18.1.1 Full name: The English Experience (Pty) Ltd, a private company registered in South Africa with registration number

18.1.2  Main business: Publisher

18.1.3  Physical address for receipt of legal service (also street address): 117 9th Avenue, Highlands North, Johannesburg

18.1.4  Office bearers: Malcolm Stone; Nicola Stone
18.1.5  Phone number: +27 11 786 6702
18.1.6  Email address: info@englishexperience.co.za

19 General

19.1  The English Experience may, of its own accord, whenever it feels necessary and for any reason and without prior written notice:
19.1.1  suspend or terminate the operation of the Website or the your or any other user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

19.2  You are prohibited from:
19.2.1 ceding, assigning or otherwise transferring your rights and obligations in terms of these Terms and Conditions to any third party, without obtaining written authorisation from those authorised to provide same.

19.3  Any failure on the part of you or The English Experience to enforce any right in terms hereof shall not be construed as a waiver of that right, and such right may be enforced thereafter, save where any law prohibits same.

19.4  If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect, and these Terms and Conditions shall be interpreted as if such invalid clause does not appear herein.

19.5  Any variation, addition, deletion, or agreed cancellation of the Terms and Conditions will not be of any force or effect; unless in writing and accepted by or on behalf of the parties hereto.

19.6  No indulgence, extension of time, relaxation or latitude which any party (the ‘grantor’) may show grant or allow to the other (the ‘grantee’) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

19.7  These Terms and Conditions contain the whole agreement between you and The English Experience and accordingly, no other warranty or undertaking is valid, unless contained in this document between the parties.