Membership Terms and Conditions

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”).

This Agreement, including EQ Educational Products’s Privacy Policy, which are incorporated in this Agreement, constitute the entire agreement between you and EQ Educational Products  and governs your use of the Service.

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.

Definitions

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 – digital online products created by EQ Educational Products

Member – Professional or lay person (the public) who purchases a Membership via the Service.  Any person who wishes to purchase a membership must register as a Member on EQ Educational Products’s website.  Registering as a Member involves a fee.

Membership – a subscription purchased by a Member on EQ Educational Products.

Visitor – any person visiting the EQ Educational Products website who is not a registered Member

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 a membership which allows them to access products (Content).

This Agreement governs the Member’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. Member 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 Member on EQ Educational Products.
  • At EQ Educational Products we use English as the primary language to communicate in with our visitors and Members. Therefore any Member 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 Members to Pay for Purchases

You agree to pay in full for a subscription to a Membership 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 Membership Account.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SUBSCRIPTIONS AND FOR PROVIDING EQ EDUCATIONAL PRODUCTS WITH VALID CREDIT CARD OR OTHER ACCOUNT DETAILS FOR PAYMENTS.

4. Membership License

Any person can subscribe to access the online products on EQ Educational Products’ website.  However, a Member is not allowed to provide his/her username and password to access the online products to any other person.  IP addresses are monitored with regard to access and a Member’s IP address will be blocked and his/her account will be suspended if EQ detects that other IP addresses than the one used by the Member accesses the website.

It is also not good practice to provide your username and password to another person, since this will give them access to all your account details (the ability to purchase on your account by using your payment details to pay for any new memberships and change any existing information entered by you on your account).

A Membership is attained by purchasing a subscription.  Subscriptions may be cancelled at any time after the year for the payment of a specific subscription period has ended.  A member will lose his Membership status after the expiration, non-payment, non-renewal or cancellation of a subscription and no further subscription payments will be requested.  Such a person will then also not be able to access Content on the website anymore.  Memberships and access to products (Content) are renewed as soon as subscriptions are paid for or renewed.

All potential buyers must please check their computers’ compatibility with the online products by opening and testing the indicated free product on the website before any purchase of a subscription.  Should a problem arise with the opening of a product after purchase of a subscription, EQ Educational Products will still look into the problem for the Member, but will not be able to refund the Member should the problem persist.  If the free online product doesn’t seem to be compatible with a Visitor’s computer, the Visitor 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 the available products under subscription are what you are interested in according to your needs before the purchase of a subscription.  EQ will not refund subscriptions based on an argument that the products were not according to your (the Member’s) expectations.  These videos are provided as enlightenment to you as the Member 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 Member, 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.

5.  Refund Policy

Subscriptions are not refundable.  Once a transaction for a subscription has been approved, the sale is final and no reversal of the transaction can take place.

6. Links to Other Sites and Resources

If EQ Educational Products finds useful information for our Members or Visitors on other websites, we may include links to these sites. As a Member 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 Member 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.

You agree that in the event of a dispute between you and EQ Educational Products or between you and any other Member or visitor, EQ Educational Products’s electronic records of your transactions, this Agreement, Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law, proceeding or in relation to a law enforcement or regulatory investigation or prosecution.

9. Intellectual Property Rights

EQ Educational Products holds all the intellectual property rights with regard to the products displayed and sold under subscription 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 online access 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 a subscription to the 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. Privacy Policy

This Privacy Policy applies only to our online practices.

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 Members and Visitors:

  • to process and fulfil transactions;
  • in connection with surveys, subscription registrations, blogs and our requests for suggestions;
  • to customize the content of our site for our Visitors’ and Members’ current and future needs; and
  • to provide service related announcements or information about materials and activities that may be of interest to our Members.

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 Member 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 Members.

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, to improve our website, and to block IP addresses that abuses the access to purchased online products.  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.

10.4. Security

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, cybercrime and security breaches, conduct market research or customer satisfaction research, respond to legal notices, or institute or participate in legal proceedings.

10.6. Revision of our Privacy Policy

We can at our own discretion revise our privacy policy. We will inform all Members regarding any changes with regard to our Privacy Policy. Irrespective of the fact that a Member reads our mail regarding changes in our Privacy Policy, it stays the Member’s responsibility to visit our webpage containing this information regularly.

The Privacy Policy is part of this Agreement. If you are not satisfied with the level of privacy we provide or otherwise disagree with the Privacy Policy, you do not accept this Agreement.

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.

12. Indemnity

By accepting this Agreement, you agree to indemnify and hold EQ Educational Products and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of, or relating to (i) any product, content, information, subscriptions or materials that you purchase, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Privacy Policy), (v) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

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 available 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 products claim 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.

14. Termination

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 Membership 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 Membership 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.

16.6. Miscellaneous

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.

This Agreement (including the Privacy Policy and other documents or policies incorporated herein by reference) is the entire agreement between you and EQ Educational Products with respect to your use of the Service, and supersedes all documentation, information and other communications (in each case whether spoken or written) between us with respect to such access and use.

Please send any questions or comments for customer service, or to report any violations of this Agreement, to us by email.

Last Updated: April 2018