These Terms of Service ("Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and TLAKA AND BRAIN (PTY) LTD ("Company", "we", "us", or "our"), concerning your access to and use of the Services. By accessing the Services, you agree to be bound by these Legal Terms. If you do not agree, you must discontinue use immediately.
We operate the website joinstudycenter.com, as well as any other related products and services that refer or link to these Legal Terms (collectively, the "Services").
You can contact us by email at legal@joinstudycenter.com or by mail to 1066 Burnett Street, Hatfield, Pretoria, Gauteng 0028, South Africa.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Services.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement ("EULA"), the terms of the EULA will govern your use of the software. If not, then we grant you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. Please see the full policy for a detailed list of prohibited activities.
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise.
We may provide you areas on the Services to leave questions, answers or comments. When posting a contribution, you must comply with the criteria outlined in the full policy. We may accept, reject, or remove contributions in our sole discretion.
The Services may contain links to other websites as well as content belonging to or originating from third parties. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms and to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms.
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms.
If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times.
These Legal Terms shall be governed by and defined following the laws of South Africa. Both parties consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber. The seat of arbitration shall be Pretoria, South Africa. The language of the proceedings shall be English.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services.
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the Services, breach of these Legal Terms, or violation of the rights of a third party.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
Last updated 30 March 2023
10. Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers. By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your account.