When you create an account on the Siyavula website you agree to the conditions outlined below and we, in turn, agree to protect your personal information as specified. If you have any questions about our T&Cs, send us an email to [email protected].
- Website Terms and Conditions
- #1MillionMaths and HeadStart campaigns
Website Terms and Conditions
Using this Website
- If You visit or interact with www.siyavula.com or any related site or app operated by Siyavula Education, then these Terms and Conditions apply to You. By using this Website You agree that You are bound by them. These Terms and Conditions are an agreement between You and the Siyavula Education (Pty) Ltd, referred to as We or Us in these Terms and Conditions.
- Anyone who uses this Website, is referred to as You in these Terms and Conditions.
- You agree that in these Terms and Conditions the words "this Website" refers to www.siyavula.com or m.siyavula.com or ng.siyavula.com or rw.siyavula.com or intl.siyavula.com or any related site operated by Siyavula Education (Pty) Ltd.
- These Terms and Conditions apply from when You first use the Website and to all Your subsequent uses of the Website.
- You agree that the Website being made available by Us from time to time is sufficient consideration for You to agree to and abide by these Terms and Conditions.
- If You are younger than 18, or if You need the consent of a parent or guardian to enter into a contract, then, by using this Website, You are representing to Us that You have the consent of Your parents or guardian to use this Website, and to agree to these Terms and Conditions. If You do not have Your parent or guardian's consent You must stop using this Website straight away.
- You agree that We may use technical means to block any user, including You, who is not complying with the Terms and Conditions.
- You agree that in these Terms and Conditions written notice includes email, SMS (Short Message Service), written notification on the Website and the like.
- Siyavula Education (Pty) Ltd is a business in the education technology sector that provides textbooks that are free to read as well as services, including the practice service, that may require access to use. This access may be obtained through payment to Us.
- Should access to any products or services be successfully purchased, payments will be processed within 1 business day and delivery confirmed by way of email or opened access.
- The provision of products and services by Siyavula Education (Pty) Ltd is subject to the running condition of the Website. In case of technical constraints which may disallow the optimal use of products or services, Siyavula Education will refund the client in full within 30 days of payment.
- Payment to Us can be made via Credit- or Debit-card (Visa, MasterCard, Diners or American Express) or via EFT.
- Card and EFT Payments with Us will be made using PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Website. Users may go to PayGate's website to view security certificate and security policy.
- When You make payment to Us then, for payments made using PayGate, You are furthermore bound by the PayGate Terms and Conditions.
- Your details will be stored by Us separately from card details which You enter on PayGate’s secure site.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Siyavula Education takes responsibility for all aspects relating to the transaction including sale of products and services sold on this Website, customer service and support, dispute resolution and delivery of said products and services.
- This Website is governed by the laws of South Africa and We choose as Our domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address given at the bottom of this page.
- This Website is run by a private company based in South Africa trading as Siyavula Education (Pty) Ltd, with registration number 2011/004292/07 and with Directors: K. Bezuidenhout, M Horner, A Mellett and CA van der Westhuizen. Siyavula may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Subscription and Billing
- You can find the specific details regarding Your package with Siyavula at any time. Simply sign in to Your Siyavula account, go to the My Account tab to see Your Content Access, Order History, Active Subscriptions and Cancelled Subscriptions.
- Annual package
- By choosing the Annual package You are agreeing that we are authorised to charge You the once-off annual subscription fee associated with Your Annual package.
- You will be charged the full amount associated with the Annual package upfront.
- Your Annual package will continue until a period of 365 days.
- The Annual package will give You access for 365 days.
- Monthly package
- By choosing the Monthly package, You are expressly agreeing that we are authorised to charge You the recurring monthly subscription fee associated with Your Monthly package at the then-current rate to the Payment Method You provided during the order process.
- Your recurring monthly subscription will continue in effect unless and until
- You cancel Your subscription;
- Your subscription have been active for an uninterrupted period of 64 months; or
- We terminate it;
- The monthly package will give You access as long as it is in effect.
- The billing cycle
- The monthly billing cycle for the Monthly package will start on the 27th of every month.
- Should the monthly package be initiated on or before the 27th of the month, the first monthly billing cycle will start on the 27th of the same month.
- Should the monthly package be initiated after the 27th of the month, the first monthly billing cycle will start on the 27th of the following month.
- Payment for the first billing cycle will be made upon successful initiation of the monthly package.
- Payment for the second billing cycle will be made at the start of the second monthly billing cycle.
- Payment for any subsequent month will be made at the start of that monthly billing cycle.
- Cancellation of Monthly subscription
- You may cancel Your subscription at any time, and cancellation will be effective immediately.
- You will continue to have access until the end of the current billing period ends.
- We do not provide refunds or credits for any partially used subscription periods.
- To cancel Your subscription, sign in, go to the My Account tab and select "Cancel subscription" on Your My Account page.
- You must cancel Your subscription before it renews each billing period in order to avoid billing of the next subscription fee to Your Payment Method.
- Please note that prices and charges are subject to change with notice.
- Subscription fees are fully earned upon payment.
Communication Preferences and Permissions
- During the signup process You provide Us with contact details. These contact details are used to: provide You with the requested products and/or services; enable ease of use of the Website; process transactions concluded by You; engage in electronic communications and transactions with You; to administer promotions or survey or similar interactive activity; or to provide You with newsletters or other periodic communications and/or marketing materials.
- Should You wish not to receive any further communication for one or all categories of communication, using one or all of the contact details You supplied, You can alter Your preference by logging in, navigating to My Account on the profile menu, and altering the selected options in the Communication Preferences section.
- By selecting or deselecting one or more categories of communication, You grant Us the right to send these types of communication to You, using the contact details You recorded during Your registration or updated subsequently.
- We collect information from You. This information may include personal information such as Your full name, Your age, Your South African Identity Number, the school that You attend and other personal information.
- We also collect information that might include Your location, browser, device type, operating system and similar information, which We term “Usage Data”. You agree that it is not personal information and that We don't have to treat it as personal information.
- When You give personal information to Us, You promise that it is true and correct. If Your personal information changes then You must change it on the site immediately.
- You agree that We can use the personal information for the purposes that You give the information. Use of the information includes all uses described as "processing" personal information in South African law.
- Processing of personal information includes collection, receipt, collation, storage, updating, modification, organismic, dissemination, transmission, distribution, making available, erasure and permitted marketing.
- You agree that We can use personal information that You give to:
- provide the services Siyavula Education and related services to You including practice, testing, providing open educational resources and giving feedback;
- analyse trends and patterns including performance in schools, provinces and subjects, and include analyses of aggregated data in reports that We sell;
- enable teachers, tutors and parents to assist learners; and
- to communicate about Our services including advising You of and inviting You to use additional services, special offers and discounts.
- You agree that We can share the personal information that You give with
- Our services providers both in and outside South Africa,
- the following parties if You are listed as a learner on the Website (whether or not You are younger or older than 18 years of age):
- Your teacher;
- Your parents or legal guardian;
- Your tutor;
- potential bursars; or
- a government official with a legally enforceable right to require the information.
- You are able to find out what personal information is being kept by Us and how it is being used. That does not give You a right to access practice and test performance data if Your paid subscription ends or is cancelled.
- You have the right to revoke Your agreement to the processing of Your personal information. If You want to revoke Your agreement to the processing then You must send an email to Dr Mark Horner at [email protected] with "Revocation of consent to processing of personal information" in the subject line. If You do this Your revocation will not be retroactive and will not affect disclosures of Your information that have already been made, and will not require Us to change any aggregated data based in part on Your personal information.
- You agree that We can keep and process the personal information after You have terminated Your use of the Website or services if it is necessary for Us to do so for operational purposes, for evidentiary purposes or to comply with Our legal obligations.
- You agree that We do not store information on Your behalf and are not obliged to keep any information for You.
- If You are a teacher or tutor then You may be given access to personal information in respect of a specific learner in order to teach that learner. You may use that information only to teach or tutor that learner and only for so long as You have a teaching or tutoring relationship with that learner. Even during the teaching or tutoring relationship, We, the learner, his or her parent, or guardian have the right to terminate Your permission to use the information.
- If You are a bursar then You may be given access to personal information in respect of a specific learner in order to assess whether to offer a bursary to that learner. You may use that information only to assess whether to offer a bursary to that learner and only for so long as You are assessing whether to offer a bursary for that learner. Even during the time that You are making the assessment, We, the learner, his or her parent, or guardian have the right to terminate Your permission to use the information.
- If You are a parent or guardian of a learner then You may be given access to personal information of Your child. We may terminate Your permission to use the personal information of that learner by written notice to You, and that We may do so entirely at Our own discretion and are not obliged to communicate any reason for the termination to You.
Copyright and Related Rights
- Unless otherwise indicated, all Everything Maths, Everything Science, Everything Maths & Science, Intelligent Practice, Siyavula, and Siyavula Education marks displayed are subject to the trademark rights of Siyavula Education (Pty) Ltd.
- Unless indicated otherwise the copyright of all material on the Website is All Rights Reserved. You may not copy it without permission. If You want permission to copy the material You should write to [email protected]a.com.
- If You claim that material on the Website infringes Your copyright then You should send a complaint to [email protected]. You must include the following information: Your full name, address, phone number(s), email address, the name of the copyright work in which You claim a right or license, the type of work, the format of the work, the author, the date and place of origin of the work, the precise nature of Your claim over the work (do You claim to be the author or a licensee?) and the legal basis for Your complaint.
- Some material on the site is licensed under a Creative Commons Attribution Only License. That means that anyone is free to Share, and Remix that content as long as he or she attributes the author by stating the author's name, and states "From www.everythingmaths.co.za" or "From siyavula.com" [choose the link to the site from which You obtained the material]. Only material that is clearly marked with a Creative Commons license can be re-used without permission. The Creative Commons license refers only to copyright for clearly marked material and does not grant any rights over trademarks, brands, Uniform Resource Locators, patents, designs or other Intellectual Property in or related to the Creative Commons licensed material. You are permitted to reproduce all intellectual property other than Creative Commons licensed material only to the extent necessary to use this Website. If You remix the material under the Creative Commons license You may not include any logos, brand marks or trademarks in Your remix except to comply with attribution requirements specified above, or suggest endorsement by Us.
- This site provides products or services using data that has been modified for use from its original source, www.capetown.gov.za, the official website of the City of Cape Town. The City of Cape Town makes no claims as to the content, accuracy, timeliness, or completeness of any of the data provided at this site. The data provided at this site is subject to change at any time. It is understood that the data provided at this site is being used at one's own risk.
Liability: Disclaimer and Indemnity
- You agree that while every reasonable effort is made to keep this Website running smoothly, We take no responsibility for, and will not be liable for this Website being temporarily unavailable.
- You agree that the information contained on this Website is provided by Us without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of fitness for any particular purpose, or non-infringement. You agree that You are aware that information may include errors or inaccuracies.
- You agree that You have no right to make any kind of legal claim against Us for anything to do with this Website or the content on this Website. In other words You agree to defend, indemnify and hold the Us harmless from and against any claims, actions or demands, and liabilities including without limitation, reasonable legal and accounting fees, resulting from, or alleged to, Your use of this Website.
- You agree that the indemnity in the previous paragraphs applies to all the directors, investors, partners, employees, agents, suppliers, consultants, associates, heirs and assigns of Siyavula Education (Pty) Ltd. Those people and entities aren't parties to this agreement, so the Siyavula Education (Pty) Ltd accepts the benefit of Your agreement on their behalf. In other words the acceptance by the Siyavula Education (Pty) Ltd of the benefit is solely as a stipulatio alteri and does not create any liability, partnership or agency between the person or entity benefited and the Siyavula Education (Pty) Ltd.
- By using this Website You are communicating that You understand that unauthorised use of this Website or failure to adhere to these Terms and Conditions may give rise to Us instituting a claim for damages or statutory- or criminal offence against You, for which You may be found guilty.
- You understand that this Website may also include links to sites created and controlled by others on the World Wide Web or other networks. You agree that it is in the nature of the World Wide Web and similar networks for sites to link to other sites, and that these links are provided for Your convenience for the purposes of providing further information. You understand and agree that these links are to sites outside Our control so that obviously We cannot be held responsible for the content of those sites. You agree that You cannot claim that links signify We endorse the site(s) linked to. You agree that even if We know that sites linked to infringe or allegedly infringe Your legal rights that it is in the nature of the Internet that links to other sites are made without imposing any duty or liability on the linking site and You therefore agree that the We have no responsibility and bear no liability in relation to the linked sites. You waive to the fullest extent allowed by law any claims that You might have in respect of any links to other websites shown on this Website.
- This Website has been zero-rated by some Internet Service Providers in South Africa, including but not limited to Vodacom, MTN and Telkom. This list of providers is subject to change without warning and zero-rating is no way guaranteed.
- Whilst this Website has been zero-rated by some Internet Service Providers We are aware that certain 'cookies' and third party analytics may still use minimal data and these instances have been minimised where possible. The use of third party analytics protects the identity of users and is used for the purpose of optimising the Website performance and experience.
- You agree that if any of the terms in this Terms and Conditions are found to be invalid by any court all the other terms still bind You.
- You agree that We may change these Terms and Conditions at any time by posting the changed Terms and Conditions on this Website or a successor site. You should regularly check these Terms and Conditions for any amendments or updates.
- You agree that all or part of these Terms and Conditions, and other legally binding terms or conditions of the site may be translated from English into one or more languages and displayed on the site and that We do not warrant that any translation is accurate. If there is conflict between the English version of a provision and translation of that provision into another language then You agree that the version in English will be authoritative and bind You.
- You agree that these Terms and Conditions will be construed and interpreted in accordance with the laws of the Republic of South Africa.
- If You allege a complaint or claim against Us then You should send a notice setting out the grounds of Your complaint or claim, Your full name, address, phone number(s), and email address to [email protected].
- If there is any apparent conflict between these Terms and Conditions and the terms and conditions of any other service which You use to access this Website then the two sets of terms shall be read so as not to conflict, or if that is not possible then the these Terms and Conditions will override the other terms and conditions, unless that would result in any liability on Our part.
Information Collection and Use
- Siyavula and/or its authorised technology agents collect certain Personal Information from You in connection with Your use of the Website and/or the products and/services provided to You by Siyavula.
- first name and surname,
- email address,
- cell phone number,
- name of school,
- South African identity number,
- self-reported school results,
- designation as a learner, teacher, or parent, from the following persons: school learners, educators and any individual who chooses to register on the Siyavula Website.
- Your Personal Information is used to provide You with the requested products and/or services; enable ease of use of the Website; process transactions concluded by You; engage in electronic communications and transactions with You; to administer promotions or survey or similar interactive activity; or to provide You with newsletters or other periodic communications and/or marketing materials.
- Siyavula also automatically collects information on Your use of the Website, such as pages visited, links clicked, non-sensitive text entered, and mouse movements, as well as information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. We use the term “Usage Data” to refer to this information about Your use of the Website that We collect. Siyavula’s purpose in collecting Usage Data is to better understand how You use the Website, so that We can improve Our services.
- Siyavula uses Google Universal Analytics, which supports Usage Data collection without browser cookies. It helps Us to understand user interaction with Our Website and implement changes that evolve the Website to suit Your needs. You can opt out of Google Analytics by installing the Google Analytics opt-out browser add-on here: tools.google.com/dlpage/gaoptout.
- Siyavula uses FullStory, which also supports Usage Data collection to help Us to understand User interaction with Our Website and implement changes that evolve the Website to suit Your needs. If You wish to prevent all websites, including Siyavula’s Website, from using the FullStory Services to be able to record activity, You can opt-out of the FullStory Services here: www.fullstory.com/optout. Opting out will create a cookie that tells FullStory to turn off recording on any site which uses the FullStory Services. The presence of this cookie is required to continue opting out. That means if You clear Your browser cookies, You will have to opt-out again. Unfortunately, this is the most permanent and least intrusive solution FullStory can offer because of how browser technology works. You may wish to employ a third party browser extension to block scripts like FullStory instead of using our Opt Out cookie, but know that using any third party extension may pose additional risk.
- The Website hosting agents and/or service providers may automatically log Your "IP address" which is a unique identifier for Your computer and/or other access device. Publicly available sources can be used to approximate Your geographic region and Internet Service Provider based on Your IP address. Such information collected is for aggregate purposes only and cannot be used to identify You personally.
- In the event that You subscribe to newsletters and/or to receive further information through other periodic communications, from Siyavula, Your Personal Information will be processed by Siyavula to provide You with such information and associated processes. All Siyavula communications shall contain an unsubscribe link and by following the unsubscribe process You shall be removed from the relevant distribution list and Siyavula shall no longer send You the subscription information.
Consent to Process Personal Information
- You understand that Your consent to the processing of Your personal information by Siyavula pertains to the provision of the Siyavula, or Everything Maths & Science products and services; as well as associated purposes. Processing shall include the collection, receipt, recording, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
- This consent is effective on access of the Website and will endure until Your relationship with Siyavula has been terminated.
- You expressly consent to Siyavula retaining Your Personal Information once Your relationship with Siyavula has been terminated for: aggregate, statistical and reporting purposes.
- In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Siyavula to remove and/or delete Your Personal Information entirely, You must notify Siyavula via email to the Information Officer, Dr Mark Horner: [email protected]
- By Using Our Website, You represent that You are of the age of 18 or that a Competent Person has given consent to allow Your minor child to utilise Our Website. You, or a "Competent Person" in the case of a minor, consent/s to the processing of personal information that belongs to You or, in the case of a minor, to the minor for whom You are responsible, in the manner described in this Policy. You agree that giving such consent means that You have given Siyavula permission to collect and process the child's personal information in the ways described in this Policy.
Handling of Personal Information
- Siyavula endeavours to comply with all laws and regulations applicable to Siyavula pertaining to information and communications privacy including, but not limited to, the Protection of Personal Information Act 4 of 2013 ("the Act") and the 2000 Promotion of Access to Information Act. Siyavula applies the principles of protection of personal information under such Act in further legislation referred to in the Act.
- You have the right to correct Your Personal Information as well as to revoke Your consent to the processing of Your Personal Information by Siyavula. You do however understand that Siyavula requires Your Personal Information to render the Siyavula products and/or services and should You decide to revoke Your consent Siyavula may not be able to provide You with such products and/or services.
- Siyavula will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms. All access is password-protected and all passwords are encrypted. Our database servers are accessible internally as per the server configurations and only accept secure connections. Our server is configured with a firewall and We conduct regular security updates of all server software.
- Should an unauthorised person/s gain access to Your personal information. Siyavula will contact You within a reasonable time to inform You of the security breach.
- Siyavula seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.
- Siyavula may share Your personal information with authorised third parties persons such as employees and service providers to Siyavula. Siyavula does not permit these parties to use such information for any other purpose than to perform the services that Siyavula has instructed them to provide.
- From time to time, Siyavula may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa, or alternatively the country in which You reside. In these circumstances Siyavula will be required to transmit Your Personal Information outside South Africa, or alternatively outside the country in which You reside. The purpose of the trans-border flow of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information. Furthermore, You warrant in this regard that You have obtained the necessary consents required in terms of the Act, in order to enable the trans-border flow of any personal information submitted by You. Siyavula warrants in this regard that it shall only engage the services of third parties (in relation to the aforesaid trans-border flow of information) which subscribe acceptable safeguards in accordance with Siyavula's legal obligations.
- Siyavula will not sell, exchange or transfer Your Personal Information to any third party except as required in the provision of the Siyavula products and/or services and in accordance with the consents provided by You.
Disclosure of Personal Information
- Records relating to the provision of the Siyavula products and/or services by Siyavula to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Siyavula's operational purposes and/or for production as evidence by Siyavula in legal proceedings.
- Siyavula may disclose Your Personal Information under the following circumstances:
- To comply with the law or with legal process;
- To protect and defend Siyavula's rights, equipment, facilities and other property;
- To protect Siyavula against misuse or unauthorised use of the Website and/or products and/or services; and/or
- To protect other Website Users or third parties affected negatively by Your actions in use of the products/services and/or the Website
Objections, Complaints and Queries
- Should You require a correction to be made to Your personal information that Siyavula keeps on record, or a copy of the record itself, or should You feel that You would like to object to the collection, Use or processing of Your personal information by Siyavula, then kindly send an e-mail to Our Information Officer, whose name and details are listed below. We will endeavour to make the correction, provide You with the record (We reserve Our right to charge a small fee in this case) cease processing of Your personal information and/or delete it, in accordance with Your request.
INFORMATION OFFICER: Dr Mark Horner
ADDRESS: Unit 11, Lonsdale Building, Lonsdale Way, Pinelands, Cape Town, 7405
EMAIL ADDRESS: [email protected]
TELEPHONE: 021 204 4866
#1MillionMaths and HeadStart campaigns
Siyavula runs annual campaigns and competitions including '#1MillionMaths' and ‘HeadStart’, hereafter referred to collectively as 'The Promotion'.
- By opting in, You explicitly agree to have Your first name, last name, school (where applicable) and position displayed on a public leaderboard.
- The Promotion is only open to participants in South Africa.
- Any Siyavula Website user whose account does not reflect their country as being South Africa and their curriculum as being South African (CAPS) will not be eligible to opt-in to The Promotion
Date and duration (The Period)
- The Promotion runs annually. The beginning and end date are determined by Siyavula throughout the course of the year and the date range is subject to change without notice.
- Siyavula offers and dispenses prizes entirely at its own discretion. Siyavula reserves any and all rights to the offering and dispensation of prizes and reserves the rights to withhold prizes from any person or party for any reason whatsoever.
- Siyavula's decision is final and no correspondence will be entered into with regard to the prizes or the leaderboards.
- Prizes are not transferable and no substitutions or cash equivalents are permitted.
- Winners will be notified within 5 days of the prize draw. Winners will be notified by telephone, email or SMS. In case of the unavailability of any prize, Siyavula reserves the right to substitute a prize of equal or greater value.
- Employees of Siyavula, sponsors, advertising, promotion and production agencies, and their agents and immediate families (spouses, parents, children and siblings and their spouses) are not eligible to participate in the prize drawing.
- The prize winner must accept that his/her name and/or likeness may be announced in literature or on the Internet, including on the Siyavula social media accounts or homepage, for publicity or advertising purposes without additional compensation, except where prohibited by law.
- There is no purchase necessary to be eligible for prizes.
- In order to be eligible for prizes, users must have practised themselves on Siyavula Practice.
- Only questions answered in Siyavula Practice will count towards the tally of The Promotion.
- Learners who opt in and participate in The Promotion under a grade which is different from the one they are enrolled in will be disqualified and be ineligible to receive any prizes.
- Redoing the same question repeatedly will disqualify the user from any prize draws.
- Only Learners and Teachers on the Siyavula Practice platform are eligible for prizes.
- The various prizes, eligibility requirements and the mechanisms by which the winners will be selected will be publicly announced by Siyavula, either on the platform or on social media.
- Should the prize winner not respond to messages (email, SMS, Siyavula inbox, and/or Facebook inbox) within 1 month of being notified of a prize, Siyavula reserves the right to disqualify the prizewinner from that particular prize.
- Users have to opt into (agree to) being listed on Our leaderboards in order to be eligible for prizes; eligibility for prizes is not automatic.
- The leaderboards for users are generated automatically by the Siyavula Practice system.
- No correspondence will be entered into for disputing or calling into question the position of any user on the leaderboard.
- If You have any queries, suggestions or complaints about Our Website, the content on it, or the services We offer please contact Us by emailing [email protected].