Terms and Privacy Policy

Our Terms & Conditions and Privacy Policy

Unless explicitly stated on a per page basis, the terms and conditions laid out on this page apply to all EvaluNet sites, including but not limited to the domains as specified below.

The terms “EvaluNet web site”, “this web site”, “the web site” collectively refer to the following sites as well as any other sites and domains owned by EvaluNet:

1. Usage

1.1 The EvaluNet web site, http://www.evalunet.com, is the registered property of EvaluNet (Pty) Ltd, registration number: 1999/027479/07.

1.2 Any persons accessing and/or using the EvaluNet web site for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of EvaluNet when accessing the web site as set out below.

1.3 Unless otherwise specified this web site is only intended to provide the user with information regarding EvaluNet, its products and services.

1.4 EvaluNet expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.

1.5 Nothing on this web site shall be construed as an offer by EvaluNet to you, the user, but merely an invitation to make use of EvaluNet products and services.

2. Privacy Policy

2.1 EvaluNet respects your privacy and cares how information about you is used and shared. We appreciate your trust in this regard and assure you that we will make every reasonable effort to manage your information carefully, securely and sensibly. This notice describes our Privacy Policy. When visiting and/or interacting with any EvaluNet web site, you are expressly consenting to the collection, collation, processing or disclosure of your personal information for the purposes and in the manner described in this Privacy Policy without qualification, so please read it carefully.

2.2 Information about our customers is an important part of our business. Such information may be collected, collated, processed or disclosed for the purposes set out hereunder. Where we intend using your information for any alternative purpose, we will first obtain your written consent to do so.

2.3 We may compile profiles and reports based on your personal information for statistical purposes or to extend our service offering and may freely trade with such profiles and statistical data with other organisations, specifically within the communities created by our Web sites: provided that such profiles and statistical data are not capable of identifying you as an individual, and that they will not contain any sensitive or confidential information about you. Any information shared by us in this regard will be made available to you on request, so that you may monitor our use of information gathered.

2.4 You hereby consent to us disclosing your information to third parties for the purposes set out below. However we will never disclose sensitive or confidential information about you to any third party, unless required to do so by operation of the law of the Republic of South Africa or with your prior written consent, if it pertains to any transaction or activity between you and the third party facilitated by EvaluNet.

2.5 Your information may be disclosed for the following purposes:

2.5.1 Agents:
We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for any other purpose.

2.5.2 Business transfers:
In the event of the purchase or restructuring of the whole or part of our business, certain intellectual property, including our customer’s information, may be transferred to another party in the normal course of business.

2.5.3 Where you consent:
Other than as set out above, you will receive notice when information about you will be used for some other purposes and/or where it might be disclosed to third parties, and you will have an opportunity to choose not to share the information by notifying us accordingly.

2.6 EvaluNet gathers the following information via its web sites:

2.6.1 Information provided by you:
We receive and store any information you enter on our web site or provided by you in any other way. You may choose not to provide certain information, but then you might not be able to take advantage of the many features on our web sites. We use the information that you provide to continually improve our service offering to you by analysing the information and corresponding trends and the like that may be found. The quality of any analysis or activity based on information is of course dependant on the integrity of the information supplied. EvaluNet reserves the right to verify any information provided by you.

2.6.2 Information automatically gathered:
We receive and store certain types of information whenever you interact with the web site. For example, like many web sites, we use “cookies”, and we obtain certain types of information when your web browser accesses our web sites. The “cookies” often transfer security related information, so this facility must be activated on your browser whilst accessing our web sites or they may malfunction.

2.6.3 E-mail communications:
To help us make e-mails more useful and interesting, we often receive a confirmation when you open an e-mail from us. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers or to grow our customer base.

2.6.4 Information from other sources:
To improve our service offering, we might receive information about you from other sources and add it to our information. The more information we have, the more we can tailor our service offering to meet market expectations.

3. Intellectual Property

3.1 COPYRIGHT
All content on this web site (unless explicitly stated), including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of EvaluNet or licensed to EvaluNet and as such, is protected from infringement by domestic and international laws, legislation and treaties. EvaluNet expressly reserves all rights pertaining to such content.

3.2 COPYRIGHT COMPLAINTS
EvaluNet and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, an infringement of any intellectual property right, please notify us by e-mail or post at the address below.

3.3 TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or are licensed to EvaluNet, and as such are protected from infringement by domestic and international laws, legislation and treaties.

3.3.1 “EvaluNet” and other marks indicated on the EvaluNet web sites are the trademarks or trade dress of EvaluNet. These and other EvaluNet graphics, logos, page headers, button icons, scripts, product and service names are trademarks or trade dress of EvaluNet.

3.3.2 EvaluNet trademarks and trade dress may not be used in connection with any product or service without the written consent of EvaluNet.

3.3.3 EvaluNet trademarks and trade dress may not be used or in any manner that is likely to cause confusion amongst its customers, or in any manner that disparages, prejudices or discredits EvaluNet.

3.3.4 All other trademarks not owned by EvaluNet or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EvaluNet.

4. Licenses and Web Site Access

4.1 EvaluNet hereby grants you a limited license to access and make personal use of this web site provided that in making use of this web site you do not download any content, other than for page caching purposes, except where the facility to download is expressly provided or express written consent to do so is otherwise given by EvaluNet. You are expressly prohibited from modifying any portion of this web site, whether in part or whole, except with the express written consent of EvaluNet.

4.2 This license does not include any right of resale or commercial use of this web site or its contents. For the purposes of this clause 5, any collection and/or use of any listings and/or descriptions; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.

4.3 It is expressly prohibited to frame or utilize framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EvaluNet and/or our affiliates without its express written consent.

4.4 It is expressly prohibited to use any meta tags or any other “hidden text” utilizing EvaluNet’s name or trademarks without the express written consent of EvaluNet.

4.5 Any unauthorized use of this web site, its content or applications terminates the permission or license granted by EvaluNet. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EvaluNet provided the link does not portray EvaluNet, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

4.6 You may not use any EvaluNet logo or other proprietary graphic, trademark, or material as part of the link without express written permission from EvaluNet.

5. Electronic Communication

EvaluNet will communicate with you by email or by posting notices on this web site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically from time to time shall satisfy any legal requirement that such communications be “in writing”.

6. Disclosures as required by Section 43 of the South African Electronic Communications and Transactions Act

6.1. The full name and legal status of the web site owner is: EvaluNet (Pty) Limited, a private company registered in South Africa under the Registration Number 1999/027479/07, and VAT Registration No. 4810152555.

6.2. The full address of the web site owner is Fairway Square, 1st Floor, South Block, Fairway Close, Parow 7500.

6.3. Membership to self-regulatory or accreditation bodies: Associated Distributors of Educational Supplies in South Africa, http://www.adessa.org.za.

6.4. Codes of conduct to which this web site subscribes: http://www.constantcontact.com/uidocs/CCSpamPolicy.jsp

6.5. Directors: Dereck Alan Marnewick, Jennifer Linda Marnewick.

6.6. Physical address for receipt of legal service:
Fairway Square
1st Floor, South Block
Fairway Close
Parow
7500

6.7. Main business: EvaluNet develops and markets educational software.

7. Terms of Agreement

7.1. RATIFICATION:
You agree that by visiting or using EvaluNet.com or any other EvaluNet web site that you are authorised to bind yourself or the legal entity you represent and do so bind yourself or the legal entity you represent to this Agreement, by any national and/or international conventions.

7.2. LEGAL ENTITY:
Any account registered on this web site must be held in your name or the name of a legal entity you represent. In the event that the account is registered in the name of a natural person, the person must provide his or her national identity, social security or like number if required to do so. If the account is to be held in the name of a juristic person, the entity must provide its unique registration or like number.

7.3. SERVICES:
You acknowledge that you have the necessary knowledge and infrastructure to use the EvaluNet web site and services. You further acknowledge that EvaluNet is not required to provide any information or other services not specifically related to the EvaluNet web site and services.

7.4. LAWFUL PURPOSE:
You may only use the EvaluNet web sites and the services pertaining thereto for lawful purposes as defined by the legislation of the Republic of South Africa and international conventions. Where a conflict between such laws and regulations exist, the laws and regulations of the Republic of South Africa shall prevail. Use and transmission of any material in violation of any international, national or local regulation or law is prohibited. This includes, but is not limited to intellectual property infringement, publishing material legally judged to be defamatory, threatening or obscene, or information protected by trade secrets.

8. Communications and Other Content

8.1 You may send content and other communications to and/or via this website provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. EvaluNet reserves the right to remove or edit such content in its sole discretion.

8.2 You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this web site; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify EvaluNet or its affiliates from all and any claims resulting from content you supply to EvaluNet. EvaluNet shall not be held responsible or liable for any content posted on the EvaluNet web sites.

9. Third Party Links

Parties other than EvaluNet and its subsidiaries may provide content on this web site form time-to-time. In addition, we provide links to the web sites of affiliated and certain other organisations. EvaluNet will not be responsible for examining or evaluating the content of, and we do not warrant the offerings of any of these organisations or their web sites. EvaluNet does not assume any responsibility or liability for the actions, product, and content of these and any other third party web sites. You should carefully review their privacy statements and other conditions of use.

10. Disclaimer of Warranties and Limitation of Liability

10.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, EvaluNet shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, EvaluNet makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

10.2 This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with EvaluNet that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

10.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of EvaluNet and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

10.4 All items purchased from EvaluNet are made pursuant to agreements with shipping and delivery agents and risk of loss pass from EvaluNet to such agents upon delivery of any item to such carrier.

10.5 Neither EvaluNet nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

11. Governing Law

This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or liability to use this web site and these terms and conditions.

12. Non-waiver

The failure of EvaluNet to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

13. Variations and Severability

13.1 EvaluNet reserves the right to amend or make changes to this web site, its policies, and this Agreement at any time. You are required to visit this web site regularly in order to acquaint yourself with any changes or amendments made to this web site, its policies and this Agreement.

13.2 No variation to this Agreement shall be enforceable unless such variation is published on this web site by EvaluNet.

13.3 In the event that any clause in this Agreement is deemed to be invalid, void, or for any reason unenforceable, that clause shall be deemed severable and shall not affect the validity and/or enforceability of any remaining term or condition.

14. Information Security

14.1 We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide. Once stored, the information is encrypted at column level within our database.

14.2 It is very important for you to prevent unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer and delete your browsing history as well as all cookies and passwords which might be saved.

15. Conditions of Use, Notices and Revisions

If you choose to visit any EvaluNet web site, your visit and any dispute over privacy is subject to this Privacy Notice and our Conditions of Use. If you have any concern about privacy at any EvaluNet Web site, please send us a thorough description of your concern to info@evalunet.com or contact us by phone 021 595 0333 or +27 21 595 0333 and we will try to resolve it. Use of information that we gather now is subject to the Privacy Notice in effect at the time of use of such information. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to do so, but you should check our web site frequently to acquaint yourself with recent changes and/or amendments.

16. Contact Information

If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:

Street Address:

EvaluNet (Pty) Ltd.
Fairway Square
1st Floor, South Block
Fairway Close
Parow
South Africa
7500

Postal Address:

EvaluNet (Pty) Ltd.
P.O. Box 13015
N1 City
South Africa
7463

Tel: 021 595 0333 / +27 21 595 0333
Fax: 021 595 0383 / +27 21 595 0383
Email: info@evalunet.com