Terms and Conditions

TERMS AND CONDITIONS

INDEX

Definitions
Application
Important Notice (limitation of risk contained)
Description of Service
Limitation of Liability (User’s Own Risk) and Indemnity
Verification of Users
Information and Accuracy
Reliability of the Site
Responsible Use (including protecting yourself)
Personal Information and Privacy
Discrimination
Indemnification
Intellectual Property
Changes to these Terms and Conditions
Linking to Third Party Websites
Applicable Law
Severability
Information in terms of ECT Act
Waiver
Cancellation
Claim
Security
Pricing and Payment Terms
Privacy Policy and Cookies

1. Definitions

In these Terms and Conditions, the following words will have the following meanings:

1.1. “Website” – the website, titled FactFrames, being the platform whereby Users may view educational video course content per once-off purchases, whereby such content shall be exclusively available for viewing only on the Website per an account-linked library format. Any reference to the Website is intended to include the Application insofar as the provision of the Service is affected.

1.2. “Service” – the facility provided by the Website whereby Users may browse the Application or the Website, and engage with educational video course programming, accessible independently by the User/s per a User account, as per once-off payments per unit of content which may be repeatedly viewed.

1.3. “Terms” – these Terms and Conditions.

1.4. “User” or “You” – a User of the Website, as being a natural person of at least the age of majority in the territory in which You reside, whereby such User is presumed to be a viewer of the content as per the Service, and/or as having the sole responsibility of exercising discretion, control, and authority as to the capacity or factuality of a minor child, under the age of majority in the territory in which You reside, acting as a viewer of the Service, with no obligation thereto imposed on Us. We further emphasize that minors as described above may only use the Service under the supervision and direction of a major person as described above.

1.5. “Us” or “We” – Factframes (Pty) Ltd, the proprietor of the Website, and a private company, duly incorporated in accordance with the company laws of South Africa, with registration number 2024/682598/07 and all of its employees, affiliates, officers, directors and service providers as applicable.

1.6. “Third-Party Content Provider/s” – the creator/s of content that may appear on the Website and/or the Application as a part of the Service, which is created, managed, edited, financed, and audited independently of Us, and to which We only administer the availability, and accessibility thereto.

1.7. “Application” – any application that has been developed, or that may be developed, and is or shall be used for the implementation of the Website or the provision of the Service.

2. Application

These Terms apply to all Users, whether registered or not.

3. Important Notice

3.1 These Terms include clauses which appear in similar text or format to this clause and which contain provisions which:

3.1.1. may limit our risk or liability;

3.1.2. may limit the risk or liability of Third-Party Content Providers;

3.1.3. may create risk or liability for a User;

3.1.4. may comprise an indemnity, given by a User, in our favour or in favour of a Third-Party Content Providers;

3.1.5. may serve as acknowledgement by Users of certain facts.

3.2. Each User’s attention is drawn to these clauses and the provisions therein should be carefully noted.

3.3. It is the User’s responsibility to ensure that the User understands these Terms and that the User does not continue using the Website or the Application if the User does not agree with or understand any provision in the Terms.

3.4. The User further explicitly acknowledges that should any non-compliance with the Terms or any part thereof due to any conduct of the User, We reserve the right to limit the User’s access to the Website, to content provided per the Service, and/or to suspend or disable the User’s account.

4. Description of Service

4.1. The Website is a means of enabling Users to view digital video content pertaining to various topics, presented per video courses in an academic format with an educational intent, via an online-based service platform per an account-linked library format, usable via either the Website or the Application.

4.2. The video courses as provided by the Service are only available for viewing on the Website, and may not be downloaded for offline viewing.

4.3. A primary purpose of the Website is to provide accessible, educational content in a video format accessible repeatedly per a once-off payment model basis.

4.4. A further primary purpose of the Website is to provide a platform whereby content may be made available to Users which shall always be accessible via an internet connection, for purposes of education. This extends insofar as a purpose of the platform is for purposes of learning, which may include but is not limited to edutainment.

4.5. The use of the Website, which is a platform for Users to have access to educational content via online video format, is intended to provide educational services and facilitate academic developmental opportunity extraneously to standard educational facilities.

4.6. The content provided by the Service may be under the direction of Us as original content that We have created, and the content provided by the Service may be as per Third-Party Content Providers.

4.7. Each User uses the Website entirely at the User’s own risk. We utilise, in good faith, information submitted by parties but cannot guarantee that such information is not fraudulent or accurate.

4.8. It remains the personal responsibility of each User to take all reasonable safeguards and precautions particularly in using the Website to ensure that the User’s safety and integrity are maintained and protected.

4.9. In respect of the User’s engagement with the Service and in utilisation thereof, We reserve the right to:

4.9.1. materially affect the accessibility of content on the Website or the Application, whether provided and created by Us or a Third-Party Content Provider, may be restricted, removed, and/or require multifactor authentication to have access thereto in respect of a restriction rating system, all of the above to be exercised at our sole discretion;

4.9.2. create, modify, and/or remove accessibility of our Users’ account/s, which may restrict or permit accessibility to certain content, in terms of conditions of access which shall be in relation to the User’s account/s and a restriction rating system as per clause 4.9.1 hereof;

4.9.3. a User will be given at least 30 (THIRTY) days’ notice, or notice as We may otherwise deem appropriate but no less than 14 (FOURTEEN) calendar days’ notice, before any changes as per clauses 4.9.1 and 4.9.2 are executed; and

4.9.4. if the User is not satisfied with any of the changes that may take effect in terms of clauses 4.9.1, 4.9.2, and/or 4.9.3, they reserve the right to cancel their account in terms of clause 20 hereof.

4.10. We may occasionally present surveys, questionnaires, or other feedback-capturing methods to gauge your experience of the Website and the Service. Additionally, any feedback to the same effect, as well as any complaints or queries, must be forwarded to the contact information as provided in Clause 18 hereof.

4.11. Please note that should any feedback as related to clause 4.10 hereof be implemented to the Website or the Service, we shall hold no liability for compensation thereof.

5. Limitation of Liability

5.1. We bear no liability:

5.1.1. for any risks associated with the use of the Website. In no event will We be liable to Users or any party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of the use, availability or unavailability of the Service obtained through the use of any of the aforegoing or any data transmitted through the Service even if We have been advised of the possibility of such damages;

5.1.2. for any loss or damage which may be sustained or incurred by a User including but not limited to loss or damage as a result of any reliance placed by a User on the completeness, accuracy or existence of any information on the Website or in respect of same as provided by Third-Party Content Providers;

5.1.3. any consequences arising from changes which may be made to the Service;

5.1.4. a User’s failure to keep the User’s password or account details secure, accurate and confidential; or

5.1.5. for any bodily injury, death or property damage that may occur or arise as a result of the use of the Website or the provision of the Service.

5.2. Notwithstanding the provisions of clause 5.1, if We are held liable to a User in respect of any matter relating to the Service, the Terms or the Services then the entire aggregate liability shall be limited to the greater of:

5.2.1. any amounts paid by the User to Us in connection with the User’s use of the Website, the Service, or the Application, and

5.2.2. R1 000.00.

5.3. If You are involved in a dispute for whatever reason with a Third-Party Content Provider/s then You do hereby indemnify, release and hold harmless Us from any claim, cause of action, demands, direct or consequential damages, and costs and damages, resulting from the dispute.

5.4. The acquisition or use of the Website is made at each User’s own risk and no risk or liability arising therefrom shall be imputed to Us.

5.5. We make absolutely no guarantees as to:

5.5.1. the accuracy of any information provided by any User; and

5.5.2. the identity of any User.
5.6. The Website and the Service may be used only for lawful purposes and, without restricting the aforegoing, may not be used for any of the following:

5.6.1. in any way which violates any law, local or foreign; and

5.7. to expose any person and in particular minors, to inappropriate content.

6. Verification of Users

6.1. We obtain certain information from Users of the Website in order to verify their identities and to provide a degree of protection to Users if unexpected or abnormal events occur from the use of the Website.

6.2. As far as reasonably possible, We will protect the confidentiality of all information provided to Us.

6.3. We also retain information on Users to ensure that should any activity take place which is criminal or which results in injury, loss or damage, the information is available to legitimate claimants or to responsible, official, duly authorised entities, as the case may be, to enable corrective or remedial action to take place.

6.4. Users have the sole discretion whether to trust the information provided in utilisation of the Service and they exercise that discretion at their own risk.

6.5. We do not endorse any User on the Website and We do not make any representations about or endorse or confirm the identity or background of any User on the Website.

7. Information and Accuracy

7.1. Users are required to provide certain information which may be regarded as personal or private.

7.2. While We will make every reasonable effort to ensure that this information remains private and confidential, We make no guarantee to this effect.

8. Reliability of the Service

8.1. We make no warranty that the Website will run without interruption or without fail.

8.2. We shall not be liable in the event of suspension, termination, interruption or any other interference with the Website or the Service regardless of losses which may be suffered as a consequence thereof.

9. Responsible Use

9.1. All Users make use of the Website at their own risk.

9.2. Users retain the responsibility to ensure that they make use of the Website reasonably and responsibly and at their own risk.

9.3. We shall bear no liability for any harm or loss directly or indirectly suffered by any User related to the use of the Website or by any other person. Each User is referred to the provisions of clause 5 hereof.

10. Personal Information and Privacy

10.1. We take all reasonable steps to protect the confidentiality of each User’s personal information. Such information is only disclosed to a third party to the extent that is necessary to achieve the purpose intended by the Website. We make no guarantees in this regard and shall not be liable if any of the said information is accessed by unauthorised individuals.

10.2. Any process undertaken by Us to verify the correctness or completeness of information received by Us does not constitute a guarantee that the information is accurate.

11. Discrimination

The Service and the Website are open to all Users irrespective of race, colour, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, marital status or other factors. We encourage all Users to act upon the same principle.

12. Indemnification

12.1. Each User by using the Website and the Service, does hereby indemnify Us and/or the Third-Party Content Provider/s in respect of any injury, death, illness or disease to any person, any damage to or loss of any property, any claim in respect of a breach of the intellectual property rights of any third party and against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith which may be occasioned by any act or omission by the User in respect of the Service or relating to or arising from the use of the Website.

12.2. We and the Third-Party Content Provider/s are not liable for any delay or failure to perform in connection with any matter relating to the Website or the Service if such delay or failure is due without limitation, to acts of God, adverse weather, riots, insurrection, disease, pandemics, electrical failures, denial of permits by any authority or any other cause which is beyond the control of Us and/or the Third-Party Content Provider/s. The User hereby releases Us and the Third-Party Content Provider/s from any claim or demand for any direct or indirect damage and consequential damages arising out of failure by Us or the failure of the Third-Party Content Provider/s to perform as a result of an event whether or not herein listed or any other event beyond our control.

13. Intellectual Property

13.1. We retain all right and title in and to the intellectual property subsisting in the Website and the Service including but not limited to copyright, trade marks, patents and designs.

13.2. No unauthorised use of any of our intellectual property is permitted.

13.3. Any party seeking a licence to make use of any of our intellectual property must formally request such a licence. The granting of such a licence, and the terms thereof, remains entirely in our discretion.

Copyright

13.4. Any unauthorised reproduction of any part of the Website or of content on the Website (where such content bears a copyright reserved notice) constitutes copyright infringement and We or the copyright owner, as the case may be, shall resort to all legal remedies to restrict such activity and to obtain restitution as the law may provide.

13.5. The Services contain proprietary materials included text, images and sound. We or the Third-Party Content Provider/s are the owner or licensee of all such proprietary material and the intellectual property rights subsisting therein including without limitation copyrights and trade marks. Except for giving effect to the use of the Website or the Services You agree not to upload, download, distribute or reproduce in any way any such proprietary information without our prior written consent.

14. Changes to these Terms and Conditions

14.1. These Terms are subject to change at our discretion.

14.2. Any changes to the Terms can be made by Us from time to time, as We deem necessary. The current version of the Terms is available at all times on our Website.

14.3. Users expressly waive their right, by using the Website, to rely on a lack of knowledge of the existence of or updates to these Terms.

14.4. By using the Website, all Users agree to all the provisions of the Terms.

14.5. We may immediately suspend or terminate your use of the Services or the Website if You breach any of the Terms or at any time or for any other reason at our sole discretion.

15. Linking to Third-Party Websites

15.1. The Website may link directly or indirectly to websites or services offered by other individuals or entities. We make no guarantees regarding those third-party websites or services.

15.2. Any following of third-party links or use of third-party services is done at the sole risk of the User and We shall bear no liability therefore, howsoever arising, of whatsoever nature, and whether directly or indirectly related to the use of the Website.

16. Applicable Law

These terms are to be interpreted and construed in accordance with the laws of the Republic of South Africa. The User submits to the jurisdiction of the courts of the Republic of South Africa.

17. Severability

If any provision contained in the Terms is found not to be enforceable, the remainder of the Terms shall continue to operate with any necessary changes and the unenforceability of one provision shall not affect the enforceability of any other provision.

18. Important Information in terms of ECT Act

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”), our information is as follows:

Name: Factframes (Pty) Ltd

Registration Number: 2024/682598/07

Main business: Educational services

PO Box for legal service: PO Box 71
Sedgefield
6573

E-mail address: [email protected]

PAIA: The manual published in terms of Section 51 of the Promotion of Access to Information Act can be obtained here. These Terms constitute the basis of the entire agreement between Us, the Third-Party Content Provider/s and the User in respect of all matters relating to the Website or the Service and no variation, alteration or consensual cancellation of any provision of the Terms shall be of any force or effect unless in writing and signed by the appropriate parties, notwithstanding the provisions of clause 20 hereof.

19. Waiver

19.1. No waiver of any provision of these Terms shall be deemed a waiver of any other provision of these Terms.

19.2. No joint venture, partnership, agency or employment relationship is established or exists between any User and Us or the Third-Party Content Provider as a result of the Service or the use of the Website.

20. Cancellation

20.1. The User may opt to cancel their account of the Service, either by contacting Us by the means of contact as provided by marketing material as per our Website, Application, or otherwise, or may utilise the appropriate settings on their profile page in order to cancel their account of the Service.

20.2. Cancellation shall have the effect of terminating the User’s accessibility to the Service either immediately per the User’s own conduct utilising the appropriate account settings, or upon receipt of the account cancellation request (by alternative means in Clause 20.1 excluding account settings) and confirmation thereof to the User by the same means as relevant, and the User shall not be liable for any further payments in respect of Service provision.

20.3. Cancellation shall automatically terminate the User’s account, which shall have the effect that this agreement is terminated with immediate effect or upon notice to the User per clause 20.2, and that neither the User nor We may exercise any claim to obligations or the ability to enforce rights in respect of this agreement.

20.4. If a User cancels their account, then no refund in any quantity shall be effected in respect of the immediately prior payments made for content of the Service.

21. Claim

21.1. Any claim by a User relating to the Website or the Service must be communicated to Us in writing within 30 (THIRTY) days from the date of the incident which gave rise to the claim and the right to raise a claim shall automatically be extinguished after such 30 (THIRTY) days.

21.2. Each User may bring a claim against Us or a Third-Party Content Provider/s in an individual capacity only and may not bring a claim as a plaintiff or class member in any class action, consolidated action or representative action.

22. Security

22.1. We will take all reasonable steps to safeguard the information which We obtain which relates to any User. Generally accepted security industry standards are used to protect personal information. It is recognised though that the transmission and storage of data is not immune to attack or misuse by unauthorised persons and therefore We cannot guarantee complete security of any User’s information. Against that background We reserve the right to comply with any legal request to disclose information or to use information in our possession in order to address and counter any security breach.

22.2. Additionally, We have the right to access each User’s account to ensure that the information recorded therein is accurate and adequate to enable Us to meet our obligations to each User.

22.3. Each User undertakes to use the Website only for lawful purposes and in accordance with the Terms and not to do anything which could adversely affect the normal working of the Website, nor use any automated system to access the Website, nor copy or distribute any part of the Website nor use any virus or equivalent software or mechanism to interfere with, misdirect or otherwise disrupt the working of the Website or the provision of the Service to any User.

22.4. You shall comply with all applicable laws, statutes, ordinance and regulations regarding your use of the Services and the Website.

23. Pricing and Payment Terms - Payment Structure

23.1. Users are to pay for the Service on a per-unit fee basis, in that to access video courses as the content of the Service, Users shall be liable to first make a once-off payment for said content, whereafter it shall be added to the library as linked to their account.

23.2. The fee per clause 23.1 hereof is payable to Us via credit card, debit card, or otherwise, by the User using the Service through the Website as per the Service package that the User may opt for.
23.3. We reserve the right to correct any pricing error on the Website or on the Website, in respect of any Service package offering, pending or completed, with immediate notice to the Users affected thereby.

23.4. Each User is solely responsible to ensure that the correct payment and/or payout information is provided to Us. Neither Us nor the Third-Party Content Provider/s nor any party associated with Us is responsible for any loss suffered by a User.

23.5. If a User pays any money to Us or undertakes to enter into any agreement with us and subsequently due to circumstances is unable to continue with the agreement then We will consider the situation and, at our sole discretion, if the failure of the User is due to matters beyond the reasonable control of the User We will refund all or part of such payment, will cancel the agreement in whole or in part.

23.6. We reserve the right to increase or decrease our fees for content, as well as to make any other alteration to our pricing structure, for the duration of this agreement and/or as time goes by, pricing calculations including built-in fee additions, removals, and/or alterations, and any other change that may materially change our fee structure. However, a User will be given at least 30 (THIRTY) days’ notice before any changes as per the above are effected.

23.7. The User hereby waives their right to and shall not be eligible for a refund of any unit of content purchased, if our records indicate that the User’s account recorded any viewing time of the content in excess of 2 (TWO) minutes or after any downloadable materials have been accessed.

24. Privacy Policy and Cookies

24.1. To enable the Website to function effectively and for the Service to be of a high quality, a User is required to submit personal information including but not limited to full name, physical address, telephone number, email address.
24.2. Additionally debit card, credit card and EFT and/or billing information is required for the processing of transactions in respect of the Website.
24.3. We use the aforementioned information to promote the Website and to facilitate efficient functioning of the Website. If We are legally obliged to furnish any part of such information to a legally authorised third party then We will comply with the law.
24.4. Any content which You may post to a website is regarded as non-confidential and non-proprietary.
24.5. You are responsible for maintaining the confidentiality of your account, password, credit card information and other details which could be used for illegal purposes.
24.6. We take all reasonable precautions to protect your information but We disclaim all liability if, for any reason, any of your information is obtained by a third party and misused.
24.7. Any third party who assists in providing the Service and the use of the Website may have access to your information but such third party is obligated not to use nor disclose the information for any purpose other than for facilitating the Service or the Website.
24.8. We do use Cookies to collect information and to enable the quality of the Service to be monitored. It is possible that a third-party advertiser may place a Cookie on your browser but You have the option not to accept a Cookie. If You want to opt out of Cookie tracking, please contact Us for the procedure to be followed.