Terms & Privacy

What is this Privacy Policy for?

This privacy policy is for this website [www.mathsman.co.za] and served by [Mathsman Pty Ltd] and governs the privacy of its users who choose to use it.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

License to use website

Unless otherwise stated, Mathsman and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

The user may view, download for caching purposes only, and print pages or other content from the website for own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

The user will not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Mathsman does not grant any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, the user will not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Mathsman's prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

The user may request permission to use the copyright materials on this website by writing to Mathsman, but the user may not use the materials in any manner prior to receiving written permission to do so from Mathsman.

Enforcement of copyright

Mathsman takes the protection of its copyright very seriously.

If Mathsman discovers that the user have used its copyright materials in contravention of the license above, Mathsman may bring legal proceedings against the user seeking monetary damages and an interdict to stop the user using those materials. The user could also be ordered to pay legal costs.

Infringing material

If the user become aware of any material on the website that the user believe infringes the user or any other person's copyright, please report this by email to Mathsman.

Acceptable use

The user will not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The user will not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
The user will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Mathsman's express written consent.
The user will not use this website to transmit or send unsolicited commercial communications.
The user will not use this website for any purposes related to marketing without Mathsman's express written consent.

Restricted access

Access to certain areas of this website is restricted. Mathsman reserves the right to restrict access to other areas of this website, or indeed this entire website, at Mathsman's discretion.
If Mathsman provides the user with a user ID and password to enable the user to access restricted areas of this website or other content or services, the user must ensure that the user ID and password are kept confidential.
Mathsman may disable the user ID and password in Mathsman sole discretion without notice or explanation.
Mathsman may also disable the user ID and password without notice or explanation in case of non-payment.

No warranties

This website is provided "as is” without any representations or warranties, express or implied. Mathsman makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Mathsman does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

Mathsman will not be liable to the user (whether under the law of contact or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Mathsman has been expressly advised of the potential loss.

Reasonableness

By using this website, the user agrees that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If the user do not think they are reasonable, the user will not use this website.

Other parties

The user accept that, as a limited liability entity, Mathsman has an interest in limiting the personal liability of its officers and employees. The user agree that the user will not bring any claim personally against Mathsman's officers or employees in respect of any losses the user suffer in connection with the website.
Without prejudice to the foregoing paragraph, the user agree that the limitations of warranties and liability set out in this website disclaimer will protect Math Man's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mathsman.

Indemnity

The user hereby indemnify Mathsman and undertake to keep Mathsman indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mathsman to a third party in settlement of a claim or dispute on the advice of Mathsman's legal advisers) incurred or suffered by Mathsman arising out of any breach by the user of any provision of these terms and conditions, or arising out of any claim that the user have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Mathsman's other rights under these terms and conditions, if the user breach these terms and conditions in any way, Mathsman may take such action as Mathsman deems appropriate to deal with the breach, including suspending the user`s access to the website, prohibiting the user from accessing the website, blocking computers using the user IP address from accessing the website, contacting the user`s internet service provider to request that they block the user`s access to the website and/or bringing court proceedings against the user.

Variation

Mathsman may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure the user are familiar with the current version.

Assignment

Mathsman may transfer, sub-contract or otherwise deal with Mathsman's rights and/or obligations under these terms and conditions without notifying the user or obtaining the user`s consent.
The user may not transfer, sub-contract or otherwise deal with the user`s rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the contract, constitute the entire agreement between the user and Mathsman in relation to the user`s use of this website, and supersede all previous agreements in respect of the user`s use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the South African law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.

Privacy Statement

The user`s privacy is important to Mathsman. This privacy statement provides information about the personal information that Mathsman collects, and the ways in which Mathsman uses that personal information.

Personal information collection

Mathsman may collect and use the following kinds of personal information:

  • information about the user`s use of this website;
  • information that the user provide using for the purpose of registering with the website;
  • information about transactions carried out over this website;
  • information that the user provide for the purpose of subscribing to the website services;
  • and any other information that the user send to Mathsman.

Using personal information

Mathsman may use the user`s personal information to:

  • administer this website;
  • personalize the website for the user;
  • enable the user`s access to and use of the website services;
  • publish information about the user on the website;
  • send to the user products that the user purchase;
  • supply to the user services that the user purchase;
  • send to the user statements and invoices;
  • collect payments from the user; and
  • send the user marketing communications.

Where Mathsman discloses the user`s personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Mathsman may disclose the user`s personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing the user`s data

Mathsman will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of the user`s personal information.
Mathsman will store all the personal information the user provide on its secure servers.
Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Mathsman collects may be stored and processed in and transferred between any of the countries in which Mathsman operates to enable the use of the information in accordance with this privacy policy.
In addition, personal information that the user submit for publication on the website will be published on the internet and may be available around the world.
The user agree to such cross-border transfers of personal information.

Other websites

Mathsman is not responsible for the privacy policies or practices of any third party.

Competitions

The participant is obliged to provide accurate, current and complete information when participating in the competition. The Provider may request a winner, before presenting the award or prize, to provide proof of their identity and residence information previously provided by the participant. The decision of The Provider is final and no correspondence will be entered into regarding results and the awarding of the prize. The prize is personal and is registered in the name of the winner. The prize is not transferable, exchangeable or payable in cash or other products or services. In case of refusal or non-acceptance of the prize or conditions that are inherent to the competition, the prize will not be awarded. In that case, the Provider is entitled to choose another winner.

The prize is awarded in its current state. The Provider is not responsible for any visible or hidden defects in the prize nor for any damage during delivery (shipping) of the prize. The handling of the delivery of the prize is arranged by the Provider, advertiser/sponsor or another appointed third party. In this last case, the Provider is not responsible for the delivery of the prize. In that case, the date of delivery of the prize will be determined in consultation with the supplier of the prize. The Provider is not responsible for any defects caused by delivery or shipping companies (e.g. delays, strikes, damage or loss) with respect to the delivery of the prize. When the winner, or a roommate, co-inhabitant or neighbor, isn't able to receive the prize, the winner will pick up the prize later on (e.g. post office, etc.). The Provider shall not be held liable if the prize is not collected or received by the winner or collected by an unauthorized person, even when the delivery or shipping company has not left any notification or notice in any form.

If the prize consists of tickets for concerts, festivals, films, sports events or similar types of events and/or holidays/flights, there can be no claim on any form of compensation in case of cancellation. If the prize includes travel/accommodation abroad for which a passport is required, the participant must be in possession of a valid passport to receive the prize. The prize is not awarded when failing this condition. The winner is able to claim the prize up to three months after publication. After this period, entitlement to the prize automatically expires.

The winner of the prize gives the Provider permission to use, free of charge, any received personal data, any photos or any contributions linked to the competition to be used in promotional activities relating to the competition and in relation to the announcement of the winner through all media, including radio, television and internet.

At the request of the Provider, the winner(s) of the prize will cooperate in promotional activities of the Provider to the extent that can be reasonably expected of them, including publicity regarding the announcements of the winner(s) across all media including radio, television and the Internet. For cooperating with these promotional activities no financial compensation will be paid.

The participant consents to the processing of personal data in connection with participation in the competition. The Provider may add the personal information to its database, which is confidential and will be treated in accordance with the Data Protection Act.

Personal information may be used to execute the competition and the award ceremony. In this context, the Provider is entitled to provide personal data to third parties involved in the relevant competition (including suppliers, advertisers, sponsors and/or producers). Moreover, the participant gives permission to the Provider to keep him/her informed of the products and/or services of the Provider, its partners (including sponsors, manufacturers and advertisers) and carefully selected companies.

Use of the awarded prize is at the expense and risk of the winner. The Provider can not be held liable for use of the prize by the winner under the General and/or specific conditions for competitions.

The Provider is in no way responsible for any damages arising from participation in the competition or for any technical malfunctions, failures or delays with respect to participation in the competition or the appointment of the winner.

The Provider is in no way responsible for any problems or defects arising from the use of the Website and/or downloading any components whatsoever in relation to the competition.

The Provider has the right to disqualify participants if he believes that the participants are not acting in conformity with the General and/or specific Terms and Conditions Competitions or if the participant is otherwise fraudulently accessing the competition or unfairly influencing the course of the competition.

The Provider is entitled to, at its discretion and without notice, change or modify these terms and conditions specific to the competitions for the duration of the contest and without giving a reason to discontinue, modify or adapt the competition for reasons of its own without any obligation to compensate any damages on behalf of the participant. Any changes or adaptations within the competition, will be made public in an appropriate manner (e.g. via its website).

If one or more conditions of the General and/or specific terms and conditions competitions are void or invalid, this will not affect the validity of the remaining conditions of the General and/or specific Terms and Conditions Competitions.

When the General and/or specific Terms and Conditions Competitions differ from those determined in the Specific Terms and Conditions Competition, the specific Terms and Conditions Competition prevail.

The competitions and other promotional activities of the Provider need to adhere to the Gaming Act and the terms and conditions of the Promotional Gambling Code.

Any questions, complaints or comments about the competitions can be made in writing. Send them in a sufficiently stamped envelope to, PO Box 3585, Somerset West, 7130, South Africa. Please always include the name of the competition. The Provider will answer as soon as possible.


Last modified: Friday, 21 November 2014, 12:34 am.