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Terms of Use

Terms and Conditions of Use
  1. You may not use or transact on this Site or submit any content or information (including without limitation any personal information) unless you are 18 (eighteen) years of age or older or, if you are younger than 18 years, unless you have the necessary consent and assistance of your parent or legal guardian. If you are under 18 years of age, please be sure to read these Terms of Use with your parent or guardian and ask questions about things you do not understand.
  2. These Terms of Use (together with the documents referred to in it) apply to your use of this website and application, its features and contents (“the Site”) and any services provided through the Site (the “Services”). Please read these Terms of Use carefully before using and/or registering on the Site because by accessing or using the Site, Services or any mobile versions of them or by linking to them, you signify that you have read, understood and agreed to be bound by these Terms of Use. These Terms of Use are a legally binding agreement between you and us. If you use the Site in the course of your business or work, you are also agreeing to these Terms of Use on behalf of that business.
  3. You are responsible for bringing these terms to the attention of anyone who may read material on this Site or access the Services as a result of your access to it.
  4. We reserve the right, at our sole discretion, to change, add or delete portions of the Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or Services after any such change whether or not you received an email from us notifying you of any changes, constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use (or are not authorised to do so on behalf of your business or work), please do not use or access (or continue to use or access) the Site or the Services.
  5. Please note that you may be asked again to accept these Terms of Use and the Pearson Privacy Policy from time to time when you access specific Services, module content or areas within the Site. If you decline you will not be given access to the Site or relevant Services, content or areas.
  6. We reserve the right, at our sole discretion, to make any changes to the Site, Services and levels of service offered and to terminate access at any time.
  7. You must not use data mining, robots, scraping or similar data gathering or extraction methods on any part of this Site or the Services without our express prior written consent.
  8. Please note that the usage and purchase terms and privacy policies of various Pearson products and Services within this Site or linked to this Site may be subject to more specific terms and policies.  Please check those terms and policies frequently to determine the terms applicable to such Pearson products and services. If there is a conflict between those more specific terms and conditions and these Terms of Use, then the more specific terms and conditions will apply.
  9. We only make these Terms of Use available in the English language.

Proprietary Rights In Content, Limited Licence 
  1. All information, materials, functions and other content contained on or available through this Site is (unless otherwise stated) the copyrighted property of Pearson South Africa (Proprietary) Limited and/or its licensors. All rights are reserved.
  2. Users are permitted to view, print and download the material for personal, non-commercial and classroom use only but in so doing are not permitted to remove or amend any trademark, copyright or other proprietary notice. Classroom use refers to non-commercial uses by a qualified teacher or authorised tutors during a class of students/learners registered in a qualified educational institution (“classroom use”).
  3. Users are not entitled to modify the content of this Site or reproduce, republish, distribute, transmit, link, frame or deep-link it on any other website without the express permission of Pearson. Users may not distribute, transmit, reproduce or publish by electronic or any other means any part of the data without the prior written permission of Pearson. Users may not create a database in electronic or structured manual form by systematically downloading and storing all or any of the content. All other rights reserved.
  4. All trademarks, service marks, trade names and logos used on this Site are the property of their respective owners.
  5. The use of any trademark on our Site does not imply any affiliation with or endorsement of our Site by such owners.
  6. Without limiting the foregoing, you may not:
    • make copies of any Services in whole or in part
    • rent, lease, sub-licence or loan the Services to or share the Services with any third party, in whole or in part
    • translate, merge, adapt, vary or modify the Services for any reason nor permit any third party to do so
    • to the fullest extent permitted by law, make alterations to, or modifications of, the whole or any part of the Services or permit the Services or any part of it to be combined with, or become incorporated in, any other programs
    • disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Services nor attempt to do any such things
    • use the Services in any unlawful manner or in any manner that could disenable, damage or be otherwise harmful to the Services or any part thereof
    • use any part of the materials on the Site or forming part of the Services for commercial purposes without obtaining a licence to do so from us or our licensors
    • use the Services to distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations, such as spam, and/or
    • email, publish or otherwise make available to any third party any user guides or other material supplied by us or our service providers without our express permission.

Purchase Terms
  1. In the event that we make any products, subscription or services available for sale on our Site, please refer to the relevant Purchase and/or Service Terms for the terms, conditions and policies applicable to your purchase of any products, subscriptions or services from us or our affiliated entities. A link to them will appear when you start the ordering and/or registration process. By registering for and/or ordering products or services through the Site, you agree to be bound by and accept the relevant Purchase and/or Service Terms. The Purchase and Service Terms are subject to change from time to time in our (or our affiliated entities') sole discretion, so you should review them each time you make a purchase and/or make use of the relevant service.

Accessing Our Site
  1. This Site and/or certain parts thereof is password protected and offers a subscription service through which various services, information or materials can be accessed from time to time.
  2. You will receive access to the Site for the period we agreed with you or if no such period is agreed, for as long as you are active on the Site, provided if there is no activity on your account for a continuous period of 180 days, we shall be entitled, but not obliged, to close and/or delete your account. Should a specific subscription period be agreed with you, your access will automatically stop at the end of this subscription period.
  3. You may only use the Site content in accordance with these Terms of Use.
  4. Please note that your use of the Site may be monitored for system performance, to ensure compliance with these Terms of Use and as otherwise reasonably required in order to operate the Site and for anonymous research.
  5. The Site hosts all content purchased by you or to which you have otherwise been granted access. You may not download or copy content, and you may not make content available elsewhere unless explicitly permitted.
  6. On occasion we may need to remove certain parts of the content from the Site for legal or commercial reasons, which we shall be entitled to do.

Registration Data and Account Security
  1. When you register for the Site or for any Services offered on the Site requiring registration, you are asked to provide specific information as part of the registration process (“Registration Details”). You must provide accurate Registration Details and update your Registration Details as necessary so that they maintain their accuracy. You must keep your password and identification details secure and you are fully responsible for all use of your account and for any actions that take place using your account.
  2. You must not allow others to use your Registration Details or account, and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Pearson immediately of any unauthorised use of your Registration Details or account. Pearson will not be liable for any losses arising out of the unauthorised use of your Registration Details and/or account and you agree to indemnify and hold harmless Pearson or any associated companies, agents, affiliates and/or licensors, as applicable, for unauthorised uses of your account.
  3. We have the right to disable any account, username (or other user identification code) or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Privacy
  1. Registration Details or other information you provide to us as part of our registration process or when using the Site or Services will be treated in accordance with our Privacy Policy which can be viewed here. By using the Site or Services, you are consenting to have your personal data transferred to and processed by us in line with our Privacy Policy, which forms part of these Terms of Use.

User Conduct
  1. The Site, Services and all their features, whether or not requiring password registration or payment, is available for your personal, non-commercial use only. You represent and warrant and agree that no materials of any kind submitted to the Site or Services, including if you registered with us through your account, or otherwise posted, transmitted or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or constitute hate speech or contain libellous, defamatory or otherwise harmful material. You may not use the Site, Services or any of their features for any illegal or unauthorised purpose. You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all your acts or omissions and for all those that occur under your account.
  2. By submitting any material to us, you agree to abide by the following rules. Pearson reserves the right but does not have an obligation to monitor materials or any information which is posted on any part of the Site or Services, any bulletin boards, discussion forums or any tools available on the Site or Services allowing you to post comments, material, views, reviews or comment on material posted by you, us or others or to interact with others or materials in any way (“the Interactive Areas”) and on any part of the Site or Services requiring registration or subscription allowing you to do any of the above.
  3. We also have the right, but no obligation, at any time to delete, remove, or suspend any of the Services, the whole or any part of the materials on this Site or forming part of the Services, or any content posted on them including in any Interactive Areas and areas requiring registration or subscription without notice and without incurring any liability. No part of our Site or Services is meant for you to post third-party copyrighted content. That includes, without limitation, the Interactive Areas including those requiring registration and/or subscription. And it means third party copyright content such as songs, film clips, an episode of a TV programme, parts of books, news articles, illustrations, photos or music videos, and any other third party copyright content.
  4. If you find objectionable or offensive material please let us know as soon as possible by emailing [Insert Email address].
  5. The views, statements and opinions expressed in any of the Interactive Areas in any form are those of the individual contributors or advertisers and not the statements and opinions of Pearson or its affiliated entities.
  6. By posting your comments or materials on the Interactive Areas, you grant us and our affiliated entities a non-exclusive, perpetual, irrevocable, royalty-free, world-wide licence to use, reproduce, modify, adapt, translate, publish, make available, distribute, include in other works, sub-license and display any content you submit to us in any format now known or later developed. By submitting material you acknowledge that you waive any moral rights you may have in it.
  7. If you do not want to grant us these rights, please do not submit your comments or materials to us.
  8. You may use the Interactive Areas only to post content that is proper and appropriate to such areas and you must not do any of the following:
    • advertise, promote or offer to sell any goods or services even if you are acting for a charity or non-profit organisation
    • post or transmit unsolicited promotional material, “junk” mail, “spam” or pyramid schemes
    • harvest or collect email addresses or other contact information or use automated scripts to collect information from or otherwise interact with the Site
    • reveal any confidential or sensitive information
    • reveal any personal information on other persons (for example, email address, telephone number or postal address, credit card numbers, identity numbers)
    • post or link to any content that we deem unlawful, defamatory, obscene, threatening, offensive, fraudulent, harmful, unpleasant, inappropriate, abusive, discriminatory, false, libellous, misleading, harassing, intimidating, infringing, or otherwise objectionable (this includes but is not limited to text, graphics, video, programs or audio)
    • post content which infringes any third party's rights or you do not have permission, licence or authority to use or make available, in particular, material that contains the intellectual property rights of third parties
    • upload, post, share or otherwise make available any material that contains software viruses, computer codes, worms, trojans or any other components with harmful or contaminating effects to any user or equipment
    • imply that any statements you make are endorsed by us
    • delete any author attributions, legal notices or proprietary designations or labels in any content that is posted
    • falsify the origin or source of content that is posted
    • contribute content with the intention of committing or promoting an illegal act
    • use inappropriate (e.g. vulgar or offensive) language or user names
    • impersonate any living person or purport to represent any organisation
    • use or attempt to use another’s account, service or system without authorisation, register for more than one account or register on behalf of another individual, group or entity
    • reformat or frame any portion of the web pages that are part of the Site, or deep link into it without permission.
  9. Please bear in mind that we will identify you with content you submitted and may release that information to a court or other official if ordered to do so.
  10. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or other intellectual property rights, is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
  11. We do not undertake to keep or make available any material that you or anyone else has contributed to the Site for any length of time or at all. We may delete, archive, make unavailable, modify or comment on any material, and close or suspend any discussion topic at any time without notice.
  12. You may not use the words “Pearson”, “Pearson Institute of Higher Education”, “Boost”, “Longman”, “Heinemann”, “Addison Wesley”, “Prentice Hall”, “Maskew Miller Longman” or any other trademark used on the Site or belonging to us or our affiliated entities, in particular in any meta-tags or other “hidden text”, in each case without our express prior written consent.

User Disputes
  1. You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users. 

Viruses, Hacking and Other Offenses
  1. You must not misuse the Site or Services by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the Services or the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  2. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and Services will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, the Services or to your downloading of any material posted on it, or on any website linked to it. 

Disclaimers
  1. Although we try to ensure that the information we provide on this Site is correct, it is provided on an 'as is' basis, without warranties of any kind. No warranty, express or implied, is given that any of the content of this Site is accurate, complete or up to date. Pearson does not accept any liability for any error or omission of any content or information on this Site, including without limitation content or information provided by us or any affiliated entities or by any users or other third parties.
  2. Any and all representations and warranties whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose or non-infringement, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted by law. We do not exclude any liability in respect of death or personal injury caused by our negligence, liability for our fraud, or any other liability that we cannot exclude by law.
  3. We cannot guarantee and do not promise any specific results from use of the Site or Services.
  4. Use of this Site, the Services and any content or information on any part thereof, whether requiring registration and/or subscription or not, is at your own risk. Pearson will not be liable to any users of this Site (whether registered users, subscribers or not) and any third parties for any claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from a user’s or third party's use or inability to use this Site, the Services or any part thereof, including any loss of data or lost profits or wasted time of management or employees or for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if Pearson is aware of, has been advised of or should have foreseen the possibility of such damages. Without limiting the foregoing, Pearson’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
  5. Pearson accepts no responsibility for the content on any website to which a hypertext link from this Site exists or for any use of personal data by the third party operating such a website. The links are provided 'as is' with no warranty, express or implied, for the information provided within them.
  6. All authors or providers of a link into this Site should note that Pearson does not necessarily read, check or edit the content from such links and Pearson accepts such material linked to its Site purely on the basis of an understanding that Pearson is a distributor (not a publisher) of such material and by linking to this Site, the author or provider of the link gives an implied warranty that he/she/it will indemnify Pearson in the event of any action arising as a result of such material appearing on or via this Site. All persons accessing this Site are also put on notice of such fact.
  7. While Pearson makes all reasonable attempts to exclude viruses or other code with contaminating or disruptive properties from the Site, it cannot ensure such exclusion and no liability is accepted for viruses and any computer code/software. You are recommended to take all appropriate safeguards before downloading information from this Site.
  8. Information transmitted via this Site will pass over public telecommunications networks. Pearson makes no representation or warranty that the operation of this Site will be uninterrupted or error free and disclaims all liability in this respect. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
  9. To the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these Terms of Use, the Site and/or the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be deemed to have prescribed.

Indemnity
  1. You agree to hold harmless, indemnify, and at our request defend, Pearson, its parents, subsidiaries and other affiliated entities and their respective owners, officers, managers, agents and employees from and against any third party claim arising from or in any way related to your material or information provided, your use of or conduct on the Site, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses and lawyers fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action to the contact details you registered with us.

Termination
  1. Pearson may immediately suspend or terminate your access to the Site without notice if any breach of these Terms of Use by you is brought to our attention.
  2. If you breach these Terms of Use and we take no action, we will not be deemed to have waived any of our rights and may still use any rights and remedies that were open to us when you broke them.
  3. Your registration may be terminated and your profile and any content or information that you have posted on the Site may be deleted at any time. We may prohibit you from using or accessing the Site for any reason, at any time in our sole discretion, with or without notice. These Terms of Use shall apply to any use of the Site, also after your registration was terminated.
  4. We reserve the right to deactivate user accounts and user names that have been inactive for more than 180 consecutive calendar days.

Jurisdiction and Applicable Law
  1. By visiting or using the Site you agree that these Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and shall be interpreted in accordance with the laws of the Republic of South Africa.
  2. Any dispute or claim shall be subject to the exclusive jurisdiction of the courts of South Africa although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. You agree not to commence or prosecute any action against us other than in the courts of the Republic of South Africa and you hereby consent to the jurisdiction of the South African courts.
  3. Pearson makes efforts to ensure that its publications, advertising and offers on this Site fully meet the requirements of South African law and foreign laws of any country where it is intended for such content to be viewed. In the event that a foreign country's law may not be fully complied with, then Pearson shall be deemed not to be directing such content to that particular country.

Events Outside Our Control
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    • Strikes, lock-outs or other industrial action.
    • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • Impossibility of the use of public or private telecommunications networks.
    • The acts, decrees, legislation, regulations or restrictions of any government.
  2. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Written Communications and Notices
  1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  2. All notices given by you to us must be in writing and addressed to General Counsel: South Africa, Legal & Compliance, Pearson South Africa (Pty) Ltd at 4th Floor, Auto Atlantic, Corner Hertzog Boulevard and Heerengracht, Cape Town 8001, South Africa. A notice required to be given to us under these Terms of Use shall not be validly given if sent by e-mail. We may give notice to you at either the e-mail or postal address you (or your institution) provided us.

Code of Conduct
  1. The principles that we follow in our work and expect from our business partners are outlined in the Pearson Code of Conduct. We subscribe to this code and you may access it electronically at www.pearson.com.

Anti-Bribery and Corruption Policy
  1. Entire Agreement: These Terms of Use, together with any specific usage and service terms applicable to specific Pearson products or services, constitute the entire agreement between you and Pearson relating to the subject matter thereof. Pearson shall be entitled to enforce this agreement on its own behalf and on behalf of and for the benefit of its affiliated entities. Apart from Pearson's affiliated entities who shall be entitled to enforce the terms of this agreement in the same way as Pearson, nothing in this agreement shall confer any right or benefit on any third party.
  2. Severability: If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  3. Waiver: If we fail to insist upon strict performance of any of your obligations under any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Information About Us
  1. This site is owned and operated by Pearson South Africa (Pty) Ltd and its affiliates, subsidiaries and divisions. We are registered in Cape Town, South Africa under South African Company Number 2009/022455/07 and with our registered office at 4th Floor, Auto Atlantic, Corner Hertzog Boulevard and Heerengracht, Cape Town 8001, South Africa.