Terms of Service
The Terms of Service (the “Agreement”) govern your (“the User”) access and use of the JumpCo Digital (Pty) Ltd products and JumpTrak™ Digital Platform (“Supplier”) products, software and/or services, located at the domain names (www.jumpcodigital.io.(“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms of Service as set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute any information, content, text, graphics, photographs or other materials (collectively referred to as “Content”) obtained on this website for marketing and other purposes without the consent of the Supplier.
Accessing or using the Products on this website, implies an acceptance of the Terms of Service.
By using this Website or communicating with the Supplier by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce and Privacy
The Website (www.jumpcodigital.io) is a digital education, monitoring and evaluation service provider and home to the JumpTrak™ collection of web and mobile applications accessed at the domain name (www.jumptrak.co.za ). JumpTrak™ is a Digital Campus for Examination, Assessments and Assignments, Adaptive eLearning, Publishing and Distribution.
You are responsible for your use of the Products. Your account with JumpCO Digital (Pty) Ltd (and use of the Product) gives you access to the services and functionality on the JumpTrak™ Digital Platform that we may establish and maintain from time to time and at our sole discretion.
We maintain different types of accounts for different types of Users. If you are using the Products on behalf of a company, organisation, educational institution, government, or other legal entity, then “you” includes you and the entity, and you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms on the entity’s behalf.
In cases where you have authorised or registered another individual, including a minor, to use your account(s), you are fully responsible for (a) the online conduct of the User, (b) controlling the User’s access to and use of the Products, and (c) the consequences of misuse.
The Supplier requires that the parents, guardians, or other authorised adult, educational institution of a minor, provide consent to the use of the JumpTrak™ Digital Platform by such minor. The Supplier reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorised adult or educational institution, upon such request.
The private information required for executing the orders placed through the e-commerce facility, namely the Users personal information, and credit card and/or payment details, address and telephone numbers will be kept in the strictest confidence by the Supplier and not sold or made known to third parties.
Supplier products and services are offered through a Partner Program (see the list of our partners), in some countries and regions. Sharing of information with Partners that is necessary for them to offer and provide Supplier products and services to current and prospective clients.
Some products allow you to access functionality or content provided by Supplier content and technology partners. With your or your institutions permission, we will share information about you, such as your name, email, student ID, which is required for you to access these partner functions or content from our products and services.
Private information will be shared where permissible, in other circumstances such as compliance to lawful requests, court orders, and legal processes as well as to enforce our rights, and for the prevention of fraud.
The Supplier cannot be held responsible for security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse Websites), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the web traffic data, IP address of the User computer, but not the email address or any other distinguishing information. The web traffic data may be aggregated to measure the number of visits, average time spent, and the pages viewed etc. The Supplier uses this information to determine use of the Website and to improve on content and customer experience, and assumes no obligation to protect this aggregated information, and may copy, distribute or otherwise use such information without limitation.
- LMS Services
Subject to compliance with the Terms and Conditions herein, the Supplier grants to the User a non-exclusive, non-assignable, limited right to access and use the LMS services solely for operational purposes within the company, organisation, educational institution, government, or other legal entity, up to the maximum number of Authorised Users set out in the applicable order, during the term of the applicable subscription. If you choose a subscription, we will display the basis on which it is offered before you purchase it.
- Customer / Trainers Course – Course Store Services
Customers and Trainers requesting to market courses via the website LMS store to third parties and/or end users are subject to the Terms and/or Publishing Terms, hereby incorporated by this reference.
- Publisher and Content Distribution
Published editions, Academic textbooks, Literary works made available on the Publishing platform for Distribution via Authors and authorised Publishers to educational institutions, company, organisation, government, other legal entities and/or end users are subject to the Terms and/or Publishing Terms, hereby incorporated by this reference.
- Assessments and Diagnostics
All Assessments and Diagnostic Tools are offered as part of the full LMS offering or on a separate per user, once off license cost which is billed in advance, as set out in the applicable order with specified time and date.
- Annual National Benchmark Assessments
Educational institutions opting to take part in the Annual National Benchmark Assessments may do so by following the advertised Registration process for their respective School, Grade, Class for Mathematics or Literacy or Both. Annual National Benchmark Assessments are billed per User/Learner, per Assessment type, per School or School Group, in advance.
Payment for Services
Supplier reserves the right to determine pricing for the Products and Services. Supplier will make reasonable efforts to keep pricing information published on the website up to date.
The paid services may include automatically recurring payments for periodic charges (“Subscription”). The price, term, and restrictions of any subscription will be set out in an applicable order. By activating a subscription, you authorise Supplier to periodically charge, on a going forward basis and until cancellation of either the recurring payments or your account, all accrued sums or before the payment due date for the accrued sums. The (“Subscription Billing Date”) is the date when you purchase your first Subscription. Your account will be charged automatically on the Subscription Billing Date all the applicable fees and taxes for the next Subscription period.
Online Payment – PayFast (Pty) Ltd
PayFast (Pty) Ltd trading as DPO South Africa is the payment provider for the fulfilling of all online transactions.
Merchant Country and Transaction Currency
The merchant country payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
You authorise the Supplier or the third-party payment provider to charge all sums for the orders you enter into, orders that you make and any level of services you select as described in this Agreement or published by the Supplier, including all applicable taxes, to the payment method specified in your account. Any fees payable with a credit card, may result in the payment provider processing pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the purchase.
The Subscription will continue unless and until you cancel your Subscription, or we terminate it. Cancellation must be done before it renews in order to avoid billing of the next periodic Subscription amount to your account.
You may cancel by accessing your Account Settings on the Website or by contacting us on firstname.lastname@example.org.
Cancellation within the first three months of an annual Subscription will attract a 10% cancellation fee. Any pre-paid amounts shall be refunded on a prorated basis less cancellation fees.
The Supplier may suspend or terminate access to the Products and Services, including fee-based portions of the Services, for any account for which an amount is due but unpaid. Charges incidental to any charge back of collection of unpaid amount including collection fees, will be added to the delinquent account in addition to the amount due for services.
Copyright and Intellectual Property Rights
Digital content and resources are protected by Copyright and Intellectual Property Rights.
All content currently or anticipated to be displayed at this Website is provided by the Supplier, its affiliates and/or subsidiary, various publishers (the “Publishers”) and authors (the “Authors”) or any other third-party owners of such content, and includes but is not limited to Literary works, Musical works, Artistic works, Sound Recordings, Films, Sound and Television broadcasts, Published editions and Computer Programs.
All such proprietary works, and the compilation of the proprietary works, are copyright. The Supplier, its affiliates or subsidiary, Publishers, Authors, or any other third-party owner of such rights (“the Owners”) is protected by South African and International copyright laws. The Supplier reserves the right to make any changes to the Website, the Content, or to Products and/or services offered through the Website at any time and without notice.
All rights in and to the Content is reserved and retained by the Authors or any other third-party owners. Except as specified in these Terms of Service, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of Liability
To the maximum extent permitted by applicable law, the JumpCO Group and its entities shall not be liable for any indirect, incidental, special, consequential, damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the products; (b) any conduct or content of any user or other third-party on, through, or associated with the products, including without limitation , any defamatory, offensive or illegal conduct of other users or third parties; (c) any content obtained from the products; or (d) unauthorised access, use or alteration of your transmissions or content.
The Websites; www.jumpcodigital.io and www.jumptrak.co.za and all Content on these Websites respectively; including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies, or typographical errors. No warranty or representation is made as to the availability, accuracy or completeness of the content.
You agree to defend, indemnify, and hold harmless, JumpCO Digital, JumpCO Holding and its subsidiaries, agents, licensors, managers, and other affiliated companies from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (a) your use of and access to a Product, including data or content transmitted or received by you;(b) your violation of any provision of these Terms; (b) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (c) your violation of any applicable law, rule or regulation; (d) any Content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (e) your willful misconduct; or (f) any other parties access and use of a Product with your unique username, password or other appropriate security and/or activation code.
Choice of Law
The Website; www.jumpcodigital.io; is controlled, operated and administered by the Supplier from its offices within the Republic of South Africa. Access to this Website from countries or regions, where specific Content or the purchase of the products sold on this Website is deemed illegal, is prohibited. The User may not use the Website in violation of South African export laws and regulations. If the User accesses the Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
This Agreement shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the South African High Court in the event of any dispute.
The failure of JumpCO Digital (Pty) Ltd to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the event that any provision in these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms of Service constitute the entire agreement between the Supplier and the User with regard to the use of the Content and the Website.