Terms of Use

General Terms & Terms of Use

Introduction

These General Terms and Conditions (the "General Terms") govern your use of the website on which they appear at www.teachink.org (the "Website") and our provision of various online services and resources via those Website (the "Services").

These General Terms incorporate our Privacy Policy which describes (among other things) how we will use any personal information collected as a result of your use of the Services. For more information, please see our full Privacy Policy.

Please read these General Terms carefully, before using any part of our Website or Services. By using the Website, you confirm that you accept the General Terms and that you agree to comply with them.
You should print a copy of these General Terms for future reference. If you have any questions, please contact us hello@teachink.org

Who we are

The Website is brought to you by Teachink of 69 Hamlin Road, Norwood, Gauteng, 2192 ("THE"). We are registered in South Africa under company number 9107187382. References to "we", "our" and "us" are references to THE.

Changes to Terms

The General Terms and any Additional Terms may be updated by us from time to time. We will post any changes that we make on this page and will indicate at the top of the page (or on the first page of any Additional Terms) the date that the relevant terms were last revised.

Your continued use of our Website and/or Services after any such changes have been made, constitutes your acceptance of the new General Terms and/or Additional Terms. If you do not agree to these changes, please do not use or access (or continue to use or access) our Website and/or Services.

Registration by you and your online THE account

Certain aspects of our Services may require you to register and provide information about yourself. You agree to: (a) provide accurate and complete information about yourself as prompted by the relevant registration form and (b) maintain and promptly update this information (by using the appropriate forms on our Website or emailing us at hello@teachink.org). We may terminate your account and any or all rights that you have been granted to make use of our Website, if any information you provide is inaccurate, false, or incomplete.

The registration process on our Website may involve you creating a password to enable you to access your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

You agree that we have no responsibility or liability for the deletion or failure to store any messages, other communications or other content maintained or transmitted by our Services.

We reserve the right to de-activate accounts that are inactive for an extended period of time.

User-Uploaded Content

Our Website allows you to upload content ("User-Uploaded Content") for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment with other users. You acknowledge that all User-Uploaded Content is the sole responsibility of the person from which such content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content.

Please be aware that any user who is aggrieved by your User-Uploaded Content may take legal action against you. This could result in data concerning your identity being disclosed and you having to pay compensation to the aggrieved party.

We do not pre-screen User-Uploaded Content, but we have the right to monitor User-Uploaded Content if we wish. If we determine that any User-Uploaded Content is inappropriate or otherwise objectionable, we may remove any User-Uploaded Content from the Website without any liability to you or to a third party.

Use of content you upload

When you upload User-Uploaded Content to our Website, you will (assuming you are the owner of the content) retain all intellectual property rights in such content. This means that you will be able to modify or remove your User-Uploaded Content as you wish.
To enable us to provide our Services and host your User-Uploaded Content, we require a licence. Similarly, third party users of our Website will require a licence from you to enable them to make use of your User-Uploaded Content. This content is all content that you upload (primarily comments and forum posts).

In respect of content, you grant us and each of our affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate into other works in any form, media, or technology.

Your use of other people's content

Services that we provide, allow you to use third party users' User-Uploaded Content within our Website. You acknowledge that your use of such User-Uploaded Content does not entitle you to any intellectual property rights to such User-Uploaded Content. All User-Uploaded Content will be governed by the relevant "upload" licence applied by the person uploading the content (third party user).

Objections to User-Uploaded Content

You acknowledge that by using our Website, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable.
If you object to the publication of any User-Uploaded Content made available through our Website, please let us know by emailing content@teachink.org
In order to protect you, THE operates a notice and take-down policy and will remove any content that is reported or complained about, to enable us to investigate the complaint.

THE's proprietary rights

Unless otherwise indicated, THE is the owner or the licensee of all intellectual property rights in our Website and/or Services (including any content made available through our Website and/or Services and the underlying source code with regards to the software that we use).

THE grants you a personal, non-transferable and non-exclusive licence to use our Website and specific Services for their intended purpose, subject to your compliance with these General Terms.

"THE", "Teachink ", is a trademark of THE (the "THE Marks") and you agree not to display or use the THE Marks without our express prior consent.

Your use of our Website

You agree that you will not use our Website (including Services) to:

  • Upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that:
    • You do not have a right to transmit or that infringes the intellectual property rights of any party.
    • Is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory.
    • Amounts to unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or prohibited marketing content including (but not limited to) illicit marketing to children.
    • Contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect a user's ability to access and use the Website and/or Services.
  • Impersonate any person or entity, including, but not limited to, a THE staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services.
  • Harm or attempt to harm minors in any way.
  • Intentionally or unintentionally violate any applicable law or regulation.
  • Collect or store personal data about other users.
  • Use data mining, robot, spider, scraping or similar automated data gathering, extraction or publication tools for any purpose.
  • Post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means.
  • Compete with THE.
  • Advertise any job vacancies in any area of our forums (other than through a Service which is clearly designated as a recruitment service).
  • Breach any license you have been granted to make use of any User-Uploaded Content.

You should not reproduce, copy, modify, create derivative works from or communicate or make any of the content of our Website or Services available to third parties without prior written consent.

None of the above alters any rights granted directly to you under the terms of the relevant "upload" licence in respect of any third-party User-Uploaded Content or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or third-party User-Uploaded Content.

If you use any Services on behalf of an Institution or a company, you hereby represent, warrant and accept that:

  • You have all necessary power and authority to enter into and perform your and its obligations under these General Terms.
  • You have taken all requisite corporate and other action to approve the entering into and performance of these General Terms and shall provide evidence of that action to THE on request.
  • Once agreed and accepted, these General Terms will constitute legal, valid and binding obligations of and on such Institution or company.

An "Institution" means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, without limitation, schools, local authorities, school groups, further education colleges and higher education universities.

Confidential Information

You acknowledge that any Confidential Information (as defined below) which you obtain from your use of our Services constitutes the valuable, confidential, proprietary information of THE and its licensors, and you agree that you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these General Terms or as required by law.

For the purposes of these General Terms, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of THE, its users and members, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential.

Termination

We may terminate your access to the Website and/or use of the Services, with or without notice and without liability to you or any third party. We may also remove and discard any User-Uploaded Content on our Website for any reason and at any time, including, but not limited to, believing that you have breached our General Terms.

We may also take any other necessary action we deem reasonable in connection with a breach of these General Terms.

Modifications to the Website and/or Services

We reserve the right at any time to modify, suspend or discontinue a Website or the provision of a Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Website or a Service other than as required by law.

Limitations of Liability

You acknowledge and agree that we shall not be liable for any (i) loss of profits, sales, business or revenue (ii) loss or corruption of data, information or software (iii) loss of business opportunity (iv) loss of anticipated savings or (v) any loss which is not reasonably foreseeable.

Nothing in these General Terms shall affect your statutory rights or exclude or restrict THE' liability for fraud, fraudulent misrepresentation or for death or personal injury arising from our negligence.

Any communications or transactions with advertisers, merchants and any other third party found on our Website are solely between you and them. To the fullest extent permitted by law, we will not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers and merchants on our Website.

We do not endorse any of the advertisements provided on our Website.

On a Website, we, or a third party may provide links to other website or resources. We have no control over these website and resources and are not responsible or liable for the availability or content found on them.

You expressly acknowledge and agree that:

  • Your use of our Website (including our Services), is at your sole risk. We have made every effort to ensure that content on our Website and made available through our Services is accurate, up to date and correct at the time of publication. However, our Website and Services are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content we provide on our Website or through our Services, or that use of our Website will be uninterrupted, virus-free or error-free. Accordingly, you acknowledge that our Website or Services may be unavailable for use or inaccessible from time to time. We accept no responsibility for any errors, omissions or inaccurate information on our Website or available through our Services.
  • The content on our Website and any content made available via our Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services. It is not a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of our Website and any content made available via our Services does not address your circumstances and accordingly, you should not rely upon the content of our Website or Services as a substitute for proper professional advice. We accept no responsibility for any reliance placed on information or content provided on our Website or through our Services.

No advice or information, whether oral or written, obtained by you from us shall create any warranty or other obligation not expressly stated in these General Terms.

Force Majeure

Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform, or delay in performance of our obligations or contracts under our General Terms. Any act, event, non-happening, omission or accident beyond our control includes (but is not limited to):

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
  • The acts, decrees, legislation, regulations or restrictions of any government.

We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under the General Terms or any related contract between us may be performed despite the Force Majeure Event.

General information

These General Terms constitute the entire agreement between you and us in relation to your use of our Website and Services, superseding any existing prior agreements.

These General Terms represent a contract between us and you, which are governed by and interpreted in accordance with the laws of South Africa. We both irrevocably agree that any dispute or claim arising between us shall be adjudicated exclusively by the Courts of South Africa, although we may enforce any judgment of such Courts in courts in any other jurisdiction in which you are located.

Any term which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the agreement.

Any failure by us to exercise or enforce any right or provision of these General Terms shall not constitute a waiver of such right or provision.

Complaints about our Website and Services

If you object to anything on our Website, please let us know by sending an email explaining your concern to hello@teachink.com and we will take whatever action we deem appropriate.