Terms and Conditions
Milani Education NPC, Registration Number 2021/852409/08
Introduction
Welcome to the Milani Education, South African online teaching resource, mobile application and website (“Portal”). Please take a moment to read the following terms which will apply to the subscription to and use of the Portal and our privacy policy (“Terms”).
Milani Education is a non-profit business operating in the educational sector which provides the Portal to schools in the private and public school system in the South African context who subscribe as contributors of free material for publication on the Portal (“Contributors”) and to persons, who might be schools, educators and / or learners, who access the material published on the Portal (“Users”) at no charge.
A person may simultaneously be a Contributor and a User. A User is not a Contributor unless the User also registers with Milani Education as a Contributor.
Overview
The Portal is operated by Milani Education NPC, Registration Number 2021/852409/08 (Republic of South Africa) (“Milani Education”), with its registered address being at F23, D435, Alverstone, KwaZulu-Natal, Republic of South Africa, and its domicilium citandi et executandi for all purposes under these Terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature, being at F23, D435, Alverstone, KwaZulu-Natal, Republic of South Africa and at the email address admin@milanieducation.com, which is the contracting party and at which physical address all transactions with you will be deemed to have occurred. Milani Education may be contacted telephonically on 078 989 7575.
The complete terms under which a person will transact and interact with Milani Education and the Portal are constituted exclusively by these Terms (read, in the case of a Contributor, together with the Contributor’s application form) and any other terms, features or tools reflecting on the Portal at the relevant time but excluding any third party information accessible from the Portal. By accessing or using any part of the Portal and / or transacting with Milani Education via the Portal, Contributors and Users are deemed to have agreed to be bound by these Terms.
By accepting the Terms, you represent that you are at least 18 years of age and a major in your state or province of residence or that you have been assisted by your parent or guardian in doing so, if you are not yet 18 years of age.
These Terms may be updated, amended or replaced by Milani Education from time to time by a posting on the Portal. The update, amendment or replacement will be effective on the date on which they are published. Please ensure that you review the Terms for possible changes before using the Portal in future.
Contributors will be alerted to the publication of any amendment to these Terms. If a Contributor is not willing to agree to any update, amendment or replacement of these Terms, the Contributor may cancel its subscription within 14 days of the publication, failing which it will be deemed to have agreed to them.
The Portal is not a direct marketing activity as contemplated in section 16 of the Consumer Protection Act 68 / 2008 (Republic of South Africa). Services provided on the Portal are also not unsolicited goods or services as contemplated in section 21 of the Consumer Protection Act 68 / 2008 (Republic of South Africa).
Milani Education does not warrant that the Portal will be permanently accessible, or that your use of it will be uninterrupted, timely, secure or error-free. Milani Education may suspend the Portal temporarily at any time, without notice, for the purposes of performing upgrades or maintenance, without liability for any inconvenience or loss or damages, including but not limited to loss of opportunity, business or profit, which might result.
These Terms shall in all respects (including their existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of the Republic of South Africa.
Subscription
A potential or interested Contributor may make an application to Milani Education in writing at its above email address to subscribe as a Contributor to the Portal. Milani Education reserves the right to refuse any application in its discretion.
By subscribing as a Contributor to the Portal the Contributor warrants that it is and that during the period of its subscription to the Portal shall remain a private or public school registered as such by and in good standing with the Department of Education, Republic of South Africa.
The processing of the application for subscription and the subscription itself is at no charge to the Contributor.
The period of subscription is indefinite and may be terminated by either party, with or without cause, on 14 days’ written notice to the other party.
Publications
The Portal provides a facility for the publication of professional material by Contributors at no charge to Milani Education, for accessing by Users at no charge.
All material published on the Portal is generated by authorised representatives of Contributors and not by, for or on behalf of Milani Education.
Milani Education will take all reasonable steps to review the material prior to publication on the Portal to ensure it is current, relevant, accurate and syllabus appropriate. However, despite the commitment of Milani Education in this regard, the following provisions shall apply.
The Contributor is solely responsible for the content of all material presented by it to Milani Education for publication on the Portal. Where any personal information of any third party is disclosed in the material published, the Contributor is responsible for obtaining the necessary third party consent thereto. Milani Education is not the author of any material which might be published on the Portal.
A Contributor shall remain professionally responsible to verify and test all material independently of Milani Education. Milani Education does not verify, vouch for or support the representations made in such material and is not responsible for material published, representations made or views expressed on the Portal.
Milani Education shall not be liable for any material published on the Portal by any Contributor which is relied upon by a User. Any reliance thereon is entirely at the User’s own risk. Milani Education shall not be liable for any material published on the Portal.
The Contributor warrants that any material which it might publish on the Portal will not infringe the rights of any third-party, including copyright, trademark, privacy, personality, confidentiality or other personal or proprietary right, alternatively that it has obtained the author’s or publisher’s consent to the reproduction thereof on the Portal.
The Contributor warrants that its representative who presents material to Milani Education on its behalf is duly authorised to do so, has consented to the publication thereof on the Portal (especially to the extent that the publication contains the representative’s name and image) and that the representative is a qualified teacher contracted to the Contributor to teach in its institution at the time of first presentation.
Milani Education shall not be liable to pay compensation or royalties for any material published on the Portal on behalf of any Contributor.
Milani Education reserves the right to (but shall not be obliged to) refuse, suspend, delete and / or reinstate any publication of material on the Portal, in the exercise of its discretion, with or without cause.
Milani Education reserves the right, in its discretion, to categorise material for publication and to translate it into any number of languages and to add subtitles to it in any number of languages.
If at any time a Contributor would like to remove any of its material from the Portal, it may do so on 30 days’ written notice to Milani Education.
Milani Education consents to any Contributor registered to publish on the Portal referencing such status in its advertisements and publications.
Cancellation Policy
If a Contributor or a User is not satisfied with the services provided by the Portal, it may bring its complaint to the attention of Milani Education at its above email address. Within 30 days of receiving a written complaint Milani Education will resolve or respond to the complaint with a proposed solution, which may involve remedial work being performed on the Portal.
If at any time a Contributor would like to unsubscribe from the Portal, with or without cause, and thereby have removed from the Portal all material provided by that Contributor to Milani Education for publication, it may do so on 30 days’ written notice to Milani Education.
Optional Tools
The Portal may provide you with access to optional third-party tools. Milani Education does not monitor or have any control over such tools. Milani Education provides access to such tools “as is” and “as available” without any endorsement, warranty or representation of any kind. Milani Education shall have no liability whatsoever arising from or relating to your use of optional third-party tools via the Portal and your use thereof is entirely at your own risk.
Third-Party Links
Third-party links accessible via the Portal may direct you to third-party Portals. Milani Education is not responsible for examining or evaluating the content or accuracy of third-party Portals and we do not warrant any third-party information, materials, websites or applications, or for any other materials, products, or services of third-parties.
Milani Education is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or applications.
Third Party Applications and Websites
You may find advertising or other content on the Portal that links to other Contributors or the applications or websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on the Portal or on these applications or websites and are not responsible for the practices employed or information published by other Contributors or partners, suppliers, advertisers, sponsors, licensors and other third parties linked to or from the Portal. In addition, these applications, websites or services, including their content and links, may be constantly changing. These applications, websites or services may have their own privacy policies and customer service policies. Browsing and interaction on any other application or website, including applications or websites which have a link to our Portal, is subject to that application’s or website’s or service’s own terms and policies.
Disclaimer & Limitation of Liability
Milani Education shall not under any circumstances be liable for and does hereby disclaim liability for consequential, special, direct, indirect and / or general damages, expenses, business interruption losses, loss of production, production delay, loss of profit, penalties, fines, transport and accommodation costs and travel and subsistence expenses, medical expenses, hospital expenses, medication expenses, damage to property, loss of life, injury, loss of amenities of life, loss of ability, loss of capacity, loss of earnings, loss of information, pain, suffering, disfigurement, legal costs, interest and / or any other claim of whatsoever nature or cause arising, whether in contract, delict, statute or otherwise, from time to time, arising out of any matter which in these Terms is expressed as a responsibility held by a Contributor or a User and / or not held by Milani Education, any material published on the Portal by a Contributor, any reliance on any material published on the Portal by a Contributor, any breach by a Contributor of a professional rule, duty, obligation or law governing a Contributor and / or these Terms, any breach by a User of a rule, duty, obligation or law governing a User and / or these Terms, generally any unlawful act, omission, statement and / or representation made by a Contributor or a User and / or the use of the Portal by a Contributor and / or a User, notwithstanding that the Portal might have been the platform on which any of the aforegoing occurred, or for any unlawful act, omission, statement and / or representation made by Milani Education except where it occurred intentionally or by gross negligence or is a breach of an express obligation of Milani Education under these Terms.
Under all circumstances and in respect of all claims of any nature or cause whatsoever, whether by a Contributor or a User, the quantum of the liability of Milani Education for capital, interest and legal costs shall be limited in aggregate to the maximum amount of R50, 000.
Waiver
You irrevocably waive and abandon all claims which you might have against Milani Education, its members, directors, employees, representatives, agents, suppliers and/or subcontractors, of the nature for which liability has been disclaimed above.
Indemnification
You irrevocably indemnify and hold harmless Milani Education, its members, directors, employees, representatives, agents, suppliers and/or subcontractors against all claims of the nature for which liability has been disclaimed above which may be made against it/them or become payable by it/them which may come into existence, arising out of your use of the Portal, the reliance on any information published on and / or accessed via the Portal and / or any product purchase or service order made via the Portal, whether or not such claims are due to Milani Education’s, its members’, directors’, employees’, representatives’, agents’, suppliers’ and/or subcontractors’ negligence or breach of any duty imposed by law or contract.
Privacy Policy
The submission of any personal information (as defined in terms of the in the Promotion of Access to Information Act 2 of 2000) to Milani Education and the application for subscription by a Contributor is voluntarily. A Contributor can refuse to supply any personal information, except that it Milani Education’s minimum criteria for the publication of any material on the Platform is the disclosure of the name the Contributor, the name of the Contributor’s authorised representative who produced the material and the logo of the Contributor.
Milani Education uses a Contributor’s personal information to record the Contributor’s presence on the Portal’s directory listing of Contributors and to thereby promote; to improve the Portal’s appeal and functionality; to administer content and to give acknowledgement to the Contributor for its material published on the Portal.
Milani Education adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of personal information.
Milani Education will not sell, trade, or exploit a Contributor’s personal information in any way. Milani Education may share generic aggregated demographic information not linked to any personal identification information. Milani Education may use third party service providers to operate its business and the Portal or administer activities on its behalf. Milani Education may share a Contributor’s personal information with these third parties for those limited purposes.
When Milani Education contracts with third parties, it imposes appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. We Milani Education will ensure that anyone to whom it passes your personal information agrees to treat your information with the same level of protection as it is obliged to.
The Contributor the right to request a copy of the personal information we hold about the Contributor. To do this, simply contact us at the numbers/addresses as provided above and specify what information you require. Milani Education will require a proof of the Contributor’s identity and authority before providing details of the Contributor’s personal information. Any such access request may be subject to a payment of a legally allowable fee.
The Contributor has the right to ask Milani Education to update, correct or delete your personal information. Milani Education will require a proof of the Contributor’s identity and authority before making changes to the Contributor’s personal information.
Milani Education may automatically collect non-personal identification information about you whenever you access the Portal, including your browser name, the technical information about your means of connection to the Portal, such as the operating system and the internet service providers utilised and other similar information.
The Portal may use “cookies” to enhance your experience. Your web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent.
General
The rule that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract (the Contra Pro Ferentem Rule), shall not apply to the interpretation of the Terms.
The words “include”, “including” and “in particular” shall not be construed as limiting the generality of any preceding word/s or introducing an exhaustive list.
The words “you” and “your” shall mean a Contributor and / or a User.
Words referring to the masculine gender shall include the feminine and the neuter.
Any reference in the Terms to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.
These Terms constitute the whole agreement between the parties and no consensual cancellation of, additions to or variations of the Terms or different terms of contract shall be binding on Milani Education unless reduced to writing and signed by a director of Milani Education. To the extent permissible by law Milani Education shall not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in the Terms, whether it induced the contract and/or whether it was negligent or not.
Any provision in these Terms which is or may become illegal, invalid or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it had not been drafted and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
These Terms shall be binding upon the parties and their estates, executors, administrators, curators or assigns.
