Terms and Conditions



  1. Agreement

    • Use of this website, its services and programmes will be governed by these terms and conditions. An agreement is constituted between yourself and Smart Choice Tutor.
    • Terms & Conditions may be amended by Smart Choice Tutor from time to time. You are bound by the terms and conditions published on the website during any visit and or usage of this site.
    • Any certificate(s) signed by the administrator responsible to maintain the website will be prima facie proof of the date of publication and content of the current version as well as all previous versions of the terms and conditions.

     

  2. Correctness of supplied information

      Smart Choice Tutor and its clients are dealing with each other in a non-face-to-face environment, therefore Smart Choice Tutor and its online partners rely on:

    • All the given details you provide will be true and correct;
    • You are legally capable of concluding transactions on this site;
    • You have read, understood and accept all the terms and conditions.
    • Smart Choice Tutor must be entitled to act and rely on instructions and information that appear to originate from you even if they came from someone else impersonating you, unless you notify Smart Choice Tutor of any irregularities.

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  4. Nature of information on the site

    All material on the website merely constitutes an invitation to do business, unless otherwise stated. This is not an offer to enter into any transaction(s).

     

  5. Terminating registration or use of the website or services

    Smart Choice Tutor has the sole discretion to discontinue providing the site or the programmes and other services, or any part thereof, at any time with or without notice.

  6. Linked third party website and third party content

    • Smart Choice Tutor, its contractors, agents, owners and employees will take no responsibility for any contract or privacy policies of any website to which it may link.
    • Smart Choice Tutor will not be held liable in any manner whtsoever for any loss or damage that you may suffer as a result of the use of any linked access from this website.
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  8. Disclosure

    In terms of the Electronic Communications & Transactions Act 25/2002 (“ECA Act”) all access to the services, content, software and content downloads available from Smart Choice Tutor are classified as “Electronic transactions”. All users have the rights as detailed in Chapter 7 of the ECT Act and Smart Choice Tutor are legally bound to disclose the following information:

    • The full name and legal status of the website owner – Smart Choice Tutor, (Reg: 2017/221696/07),
    • Street address: 323 Melchome Street, Eldoraigne,
    • Postal address: PO Box 50731, Wierda Park, Centurion, 0149,
    • Physical address for receipt of legal service: 323 Melchome Street, Eldoraigne,
    • Main business: Selling, conducting and managing private tutoring services, for the purposes of improving academic results and general academic competence of tutees,
    • The website address of Smart Choice Tutor being tutorzone@smartchoicetutor.com,
    • The official email address of Smart Choice Tutor being tutorzone@smartchoicetutor.com,
    • Membership of self-regulatory or accreditation bodies,
    • Codes of conduct to which Smart Choice Tutor’s website subscribes: Code of Conduct and Code of IT Ethics, (TBA)
    • Governing terms,
    • Copies of the manual published in terms of section 51 of the Promotion of Access to Information Act 2/2002: can be found online
    • Management: Director: Jaco SJ Kruger
    • Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
      • access to Smart Choice Tutor website;
      • the inability to access Smart Choice Tutor website;
      • the services and content available from Smart Choice Tutor website; or
      • these Terms and Conditions
    • shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party will pay the costs of the successful party on an attorney client scale,
    • Cooling off period: the cooling off provisions of the ECT Act does not apply to this website in terms of the operation of section 42(1)(d) of the ECT Act,
    • Users are allowed to lodge any complaint(s) and dissatisfaction(s) through the “Contact Us” service as provided in the website regarding the Smart Choice Tutor website. Users agree that Smart Choice Tutor may use, disclose and publish any complaint(s) and/or dissatisfaction(s) and are thus under no legal duty to answer, resolve or address such complaint(s) and/or dissatisfaction(s).
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  10. Disclaimer

    • The information contained herein are provided without any representation or warranty, whether expressed or implied and no liability pertaining thereto will attach Smart Choice Tutor.
    • No liability will be accepted by Smart Choice Tutor for any loss whether direct, indirect or consequential arising from information provided on any of these pages or any actions and / or transactions resulting there from.
    • Smart Choice Tutor can’t guarantee that the functions provided with the website will be error free nor can Smart Choice Tutor any guarantee that the website will be uninterrupted or that the server that makes it available will be free from viruses and/or harmful components.
    • Because the Smart Choice Tutor website is an “as is” website and has not been compiled to meet every user’s individual requirements. Prior to entering this agreement with Smart Choice Tutor it is still the responsibility of the user to satisfy himself/herself and to make sure that the Smart Choice Tutor website meets the requirements of the user and that it is compatible with the user’s computer hardware and/or software.
    • Users are encouraged to seek professional advice before taking any course of action related to any information as the information, ideas and opinions on Smart Choice Tutor website should not be regarded as professional advice or an official opinion.
    • Smart Choice Tutor can unfortunately not make any warranties or representation(s) that all content and/or any services available from the Smart Choice Tutor website will in all instances be true, correct or free from any errors, although Smart Choice Tutor will take all reasonable steps to ensure the quality and accuracy of content that is available and therefore Smart Choice Tutor will encourage users to report incorrect and untrue information but subjected to Smart Choice Tutor’s right to rely on its free expression rights and determine, in it sole and absolute discretion, the contents of the website.
    • In the event of incorrect information being supplied (or insufficient information) from a client with respect to the classes requested, and Smart Choice Tutor can provide proof of a tutor with sufficient qualifications for the class (under the initially supplied information) Smart Choice Tutor has the right not to refund the client as compensation for time spent acquiring the tutor. Do note that we will attempt to find a tutor with the required qualifications before proceeding. This is a separate case as to where the tutor has proven insufficiently qualified after classes have begun, in this case the tutor will be replaced at the expense of Smart Choice Tutor.
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  12. Governing Law

    All the terms and conditions pertaining to any services that appear on these pages or sites shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the actions instituted by either party against the other, arising from any of the terms and conditions pertaining to such service.

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    • Privacy Policy

    • All reasonable steps shall be taken by Smart Choice Tutor to protect the personal information of users. For the purpose of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
    • Smart Choice Tutor may electronically collect, store and use the following information (amongst other information) of users:
      • Your name and surname;
      • All your contact details;
      • Your e-mail address(es).
    • The above mentioned information are collected, stored and used by Smart Choice Tutor for the following purposes:
      • To communicate the requested information to the user;
      • Registration and/or authentication of users;
      • Compile non-personal statistical information about browsing habits and access to the Smart Choice Tutor website.
    • Abovementioned information is collected either electronically by using cookies or is provided voluntarily by the user.
    • Smart Choice Tutor may collect, maintain, save, compile, share, sell and/or disclose any information collected from the user, subject to the following provisions:
      • Unless the user consents, Smart Choice Tutor will not disclose personal information;
      • Only through legal process Smart Choice Tutor shall disclose information without the user’s consent;
      • Any information that does not relate to a specific individual may be compiled by Smart Choice Tutor.
    • Smart Choice Tutor owns and retains all rights to non-personal statistical information collected and compiled.
    • Should you query some aspect of our service when completing the form on our website, we will gather this information to process your request and provide you with the information that was requested. You will be contacted by Smart Choice Tutor by post, e-mail or telephone to request feedback on the services rendered by Smart Choice Tutor. You may also be provided with information about special features of Smart Choice Tutor’s website or any other service or products, which Smart Choice Tutor deems of interest to you. Should you not be interested in receiving this information please send an e-mail to TutorZone confirming your request.
    • As set out in this policy your information can be used as you consented once you submitted your information. Should our privacy policy change, we will post the changes on this page, and we may place notices on other pages of the website to make you aware of the information we collect and how we use it at all times. Continued use of the service will indicate that you agree to any such changes.
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  15. Copyright

    • Copyright in all material including logos and other graphics that forms part of this website and in and to its programmes retains to Smart Choice Tutor. Any use of materials on this website not expressly authorized is utmost prohibited and is a continuous unlawful infringement on the intellectual property rights of Smart Choice Tutor.
    • Any mistakes, omissions, interruptions or delays with regard to the content or any damages resulting thereof will not be held responsible towards Smart Choice Tutor.
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  17. Termination

    Should Smart Choice Tutor believe that your conduct is in breach with or inconsistent with these terms and conditions then it is the sole discretion of Smart Choice Tutor to immediately terminate your access to this website, cancel your ticket order or exercise any other remedy available .