Welcome to EQ Educational Products
The following describes the terms and conditions on which EQ Educational Products (referred to herein as “EQ,” “we,” or “us”) operates. Your permission to use the EQ Educational Products website, and the licenses granted herein, are expressly conditioned upon your acceptance of the terms and conditions set out in this document, which are hereby incorporated by reference (collectively, the “Agreement”).
Our terms and conditions are governed by the laws of the Republic of South Africa, as applied to agreements entered into, and constitute a legal and binding agreement between the parties.
Agreement – the terms and conditions as set out in this document
Service – the service in all its different facets provided by EQ Educational Products
Content – downloadable (digital) products created by EQ Educational Products
Buyer – Professional or lay person (the public) who purchases Content via the Service. Any person who wishes to purchase products must register as a Buyer on EQ Educational Products’s website. Registering as a Buyer is free of charge. Service fees are also not applicable to a Buyer on EQ Educational Products.
Visitor – any person visiting the EQ Educational Products website who is not a registered Buyer
1. Description of Service
EQ Educational Products is a web-based service available from the domain www.eqeducationalproducts.com. This service provides Professionals with an online platform on which to buy products (Content).
This Agreement governs the Buyer’s access to and use of the Service. By registering with EQ Educational Products or by using the Service in any manner – including, but not limited to, by visiting the www.eqeducationalproducts.com website – you acknowledge and agree to the terms and conditions stated in this Agreement.
2. Buyer eligibility
- The Service is intended for people 18 years or older. No person under the age of 18 years is authorized to register as a Buyer on EQ Educational Products.
- At EQ Educational Products we use English as the primary language to communicate in with our visitors and Buyers. Therefore any Buyer purchasing products in English from us should be competent in understanding and communicating in English. Some of our products may also be available in Afrikaans.
- Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
3. Agreement of Buyers to Pay for Purchases
You agree to pay in full for all Content purchased through the Service, and agree that EQ Educational Products may charge your credit card or other account for any Content purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Buyer Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES, AND FOR PROVIDING EQ EDUCATIONAL PRODUCTS WITH VALID CREDIT CARD INFORMATION OR OTHER ACCOUNT DETAILS FOR PAYMENTS.
4. Buyer’s license
Any person can download any product on EQ’s website. However, a serial number is needed to open the product. Such a serial number can only be attained by purchasing the product. After a purchase the Buyer will automatically receive a serial number which must be entered on the opening page of the product. This will automatically create an activation key that will open the product to be used by the Buyer.
After a purchase by a specific Buyer, his/her serial number can only be used on ONE specific computer. Should the Buyer provide this serial number to another person before the product has been activated (as described above), and this person then enters the serial number into the same downloaded product, it will lock to this person’s computer and cannot be used by the original Buyer anymore.
All Buyers must therefore make sure that the downloaded product is activated (by entering the serial number) on the specific computer of their choice.
Should the Buyer make a mistake of activating the product on a “wrong” computer (a computer that is not of the Buyer’s choice), the Buyer may request a switch to another computer. This will entail a payment of R20 (twenty South African Rand) after which a new serial number will be provided to the Buyer to activate the product on another computer. The first serial number and activation key will then be disabled. Please contact us to request such a switch.
Should the Buyer’s computer crash or be stolen or become inoperable in any way, preventing access and operation of the purchased product, the Buyer may request at no cost another serial number to activate the product on another computer. The previous serial number and activation key will be disabled.
5. Refund policy
There are no refunds available for an electronic product. Since a sample product, a comprehensive manual and a video have been provided for each product to peruse before a purchase takes place, a Buyer should be fully aware of the content of the product that he is interested in before making a purchase.
All potential buyers must please check their computers’ compatibility with the downloadable products by downloading the indicated free sample on the website before any purchase. Should a problem arise with the opening of a software product after purchase and the sample product has not been downloaded for a test run, EQ Educational Products will still look into the problem for the Buyer, but will not be able to refund the Buyer should the problem persist. If a sample product doesn’t seem to be compatible with a Buyer’s computer, the Buyer is urged to contact EQ Educational Products with a request to look into the matter. EQ encourages this communication to ensure that high quality products are developed.
All products will be accompanied by a video. Please ensure that the functionality and content of a specific product that you as the Buyer is interested in, are according to what you need and want. These videos are provided as enlightenment to you as the Buyer with regard to the content and functionality of the product so that you know what you can expect. Therefore please view the video before any purchase.
As a Buyer, it is your responsibility to determine that you have the appropriate hardware/software, internet and service connectivity to buy and make use of digital files.
6. Links to Other Sites and Resources.
If EQ Educational Products finds useful information for our Buyers or Visitors on other websites, we may include links to these sites. As a Buyer you hereby state that you understand that EQ Educational Products has no control and is not responsible or liable for the availability or accuracy of the content of external websites to which we link. You understand that the reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Please read the privacy policies on all linked sites.
7. Social media
EQ Educational Products’s website includes links to social media sites that allow you to post messages about EQ Educational Products and our Content. If you choose to use these social media platforms, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, this Agreement and any terms, conditions and restrictions of the relevant social media platforms.
8. Electronic communications
When you register as a Buyer you consent to receiving electronic communications from EQ Educational Products.
You acknowledge and agree that in law this Agreement constitutes a written agreement, which upon your electronic acceptance and submission, will be regarded as signed by you.
EQ Educational Products reserves the right but assumes no obligation to provide communications in paper format.
9. Intellectual property rights
EQ Educational Products holds all the intellectual property rights with regard to the products displayed and sold on our website.
Except as expressly provided in this Agreement or otherwise permitted by law, or as indicated on specific pages within products, no EQ Educational Products Content may be copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without EQ Educational Products’s express prior written consent.
You agree that delivery of the Content to you does not transfer to you any commercial or promotion use rights of the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws, and you may be subject to liability for such unauthorized use.
10.1. Personally identifiable information
We consider the following to be personally identifiable information:
- first and last name,
- e-mail address,
- street and postal address and
- phone number/s.
EQ Educational Products (and/or our agents or affiliates) may collect online and use personally identifiable information from our online Buyers and Visitors:
- to process and fulfill transactions;
- in connection with surveys, subscription registrations, blogs and our requests for suggestions;
- to customize the content of our site for our Visitors’ and Buyers’ current and future needs; and
- to provide service related announcements or information about materials and activities that may be of interest to our Buyers.
10.2. Non-personally identifiable information and the use of cookie technology
We consider non-personally identifiable information as:
- information that we use internally to identify you as a Buyer or user in our system, such as your selected username,
- information about our visitors’ browsers (e.g., Netscape Navigator or Internet Explorer),
- operating systems (e.g., Windows or Macintosh),
- internet service providers (e.g., AOL or NET.COM) and
- other similar information which we track in aggregate form.
At EQ Educational Products we make use of cookie technology, as well as voluntary submissions to us and/or upon our request to collect non-personally identifiable information. The non-personally identifiable information that we track is anonymous and will never be identified with or lead us back to any of our Visitors or Buyers.
To understand what cookie technology entails please refer to Wikipedia’s explanation of the term http cookie. Additionally we also use “cookies” to store session information with regard to items in your shopping cart.
10.3. Use of IP addresses
When you are on our site, we have a back-end server that logs your computer’s IP address. We only use this information for statistical purposes and to improve our website. We will collect information about the device, browser, operating system and screen resolution you are using, the pages on our website that you view, and the information that you search for on our website. We do not track a specific IP address to identify an individual user. However, we may use such information to identify a user if we feel that there are or may be safety and/or security issues or to comply with legal requirements.
We use secure server software over a Secure Socket Layer (SSL) line to protect your credit card information. It encrypts all of your personal and credit card information so that this information cannot be read as it travels to our ordering system, and once it is received, it is stored in a location not accessible via the Internet.
We will continue to review our security protocols and processes to ensure that your personal information remains secure. Our security protocols and processes entail physical security, computer and network security, access control, retention and disposal of any applicable personal information, monitoring access and use of personal information, detecting and responding to security threats, investigating and responding to security breaches, and internal policies on acceptable use and privacy.
10.5. POPI Act policy
At EQ Educational Products we adhere to the Protection of Personal Information Act (“POPI Act”).
We are committed to protecting your privacy and to ensure that your personal information is collected, used and disclosed in a manner that fully complies with POPI.
We may disclose your personal information to service providers and other relevant parties involved in the delivery of products and services to you. Under the POPI Act, all parties are required to implement measures to protect your personal information.
We may share your personal information with and obtain personal information about you from credit agencies, law enforcement agencies, and other service providers that you do business with. We may disclose your personal information when we have a duty or right to do so under the law, or to protect our rights, or those of our partners, staff, clients, or third parties.
We are required to maintain financial records for up to five (5) years. These records may include, to a lesser extent, personal information that we may not delete. We will verify your identity before updating or deleting your personal information.
We will only use your personal information for the purposes for which it was collected, for example to manage your account, maintain sales and service records, perform credit checks, collect money owed to us, verify your authority or identity, confirm any transaction, detect and prevent fraud, crime, cyber crime and security breaches, conduct market research or customer satisfaction research, respond to legal notices, or institute or participate in legal proceedings.
11. Governing law and jurisdiction
EQ Educational Products’s website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and this Agreement and its interpretation and implementation is also governed by South African law. Subject to the ‘Complaints and Disputes’ clause of this Agreement, you and EQ Educational Products submit to the non-exclusive jurisdiction of the Pretoria High Court of South Africa.
13. Disclaimer and limitation of liability
You agree that the site and the Service are provided on an “as is” and “as available” basis, and that your use of the Service provided by EQ Educational Products shall be at your sole risk. To the fullest extent permitted by law, EQ Educational Products, our affiliates, and our and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website, the Service, and your access to and use thereof, including without limitation any implied warranty of merchantability, title, non-infringement, or any implied warranty arising from course of dealing or usage of trade.
EQ Educational Products also makes no representations or warranties that the Contents of the Service or any products/content listed for sale on the service are fit for any particular purpose or will meet any user’s requirements, and assumes no liability or responsibility for any (i) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any product or Content posted, emailed, transmitted, sold, or otherwise made available via the Service.
You agree that EQ Educational Products, our affiliates, and our and their officers, directors, employees, and/or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of use, or data or other intangible losses, resulting from: (i) the access to, use, or the inability to access or use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
Notwithstanding the above disclaimers of liability, should we nevertheless be found to be liable to you in relation to the Services for any reason, then, to the extent allowed by law, our maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) in relation to this Agreement and the Service will be limited to paying you up to a maximum aggregated amount of R5,000 (five thousand South African rand).
Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this, as interruptions may be caused by factors beyond our reasonable control. To the extent allowed by law, under no circumstances will EQ Educational Products be liable for any events beyond our reasonable control.
Access to the website may be restricted from time to time to allow for repairs, maintenance or the introduction of new services.
No products sold on EQ Educational Products claim to solve any or all of the problems, conditions or challenges a child may present with regard to the area of assessment or therapeutic intervention it has been designed for. Our products are therefore only educational or therapeutic aids (depending on who facilitates it) among many others. No product claims to be a substitute for professional assessment or therapeutic intervention. Although our intention is to develop a well-rounded product, no product should be regarded as fully comprehensive in all matters relating to the topic for which it was designed.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Buyer account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Buyer account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
15. Complaints and disputes
Should you have any complaints relating to EQ Educational Products’s Service, the website, or another user, please contact us.
Should a dispute of any nature whatsoever arise between you and EQ Educational Products on any matter provided for in or arising out of this Agreement and such dispute is not resolved through EQ Educational Products, save for urgent or interim relief which may be granted by a competent court, such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa from time to time. Arbitration proceedings shall be conducted in Pretoria in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za.
16. Miscellaneous provisions
16.1. Ownership of site
This site, the Service, the Content, all domain names, EQ Educational Products information and agreements, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code therein (collectively, the “EQ Educational Products Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to EQ Educational Products, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.
The name EQ Educational Products is a registered defensive name.
16.2. EQ Educational Products’s termination of service
EQ Educational Products reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. EQ Educational Products will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
16.3. Transfer of this Agreement
EQ Educational Products is entitled to cede (i.e. transfer) this Agreement to any third party without your consent, other than if such cession would be to your detriment. However, you may not cede or transfer this Agreement or any of your rights or obligations hereunder to any other person.
16.4. Headings in this Agreement
Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
16.5. Consumer Protection Act (CPA) 68 of 2008
To the extent that this Agreement and/or any of the Services are regulated by the CPA, it is not intended that any provision of this Agreement contravenes any provision of the CPA and therefore all provisions of this Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
If a court or similar body decides that any wording or provision (or its application to any person or circumstance) in this Agreement is illegal, invalid or unenforceable, that decision will not affect the rest of this Agreement, which shall not be affected or impaired but will remain binding on all parties. However, if the wording or provision that is illegal, invalid or unenforceable can be made valid and enforceable by deleting part of it or by modifying it, or by substituting legal, valid and enforceable provisions for the illegal, invalid and/or unenforceable provisions, we and you both treat the wording and provision as if it is so deleted or substituted, so that the wording becomes legal, valid and enforceable.
Any failure by us to enforce any of our terms does not in any way suggest a waiver of any of our rights. If any of our terms are severed, all remaining terms will remain in effect.
Any rights not expressly granted herein are reserved.
EQ Educational Products may change or amend this Agreement. If we make material changes, we will notify you by email. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms and conditions will apply to you.
You hereby acknowledge that you understand that by accessing and using the Service and agreeing to the terms of this Agreement, you may be waiving rights with respect to claims that are at this time unknown or unsuspected. You hereby also waive any part of any civil code, act or law that contradicts any part of this Agreement.
Please send any questions or comments for customer service, or to report any violations of this Agreement, to us by email.
Last updated: February 2018