Terms of Service

All clauses in these Terms displayed in BOLD are provisions which limit the risk or liability of Learning Lab Apps and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Learning Lab Apps or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to these Terms.

1. DISCLAIMER

1.1. All information provided on the Website or with the Services are provided for information purposes only. You should therefore not rely upon it when making any decisions or when transacting.

1.2. Any reliance you place on any information on the Website or with the Services is strictly at your own risk. Learning Lab Apps will not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the Website or with the Services.

1.3. All information provided on the Website and with the Services is the intellectual property of Learning Lab Apps and are subject to these Terms and applicable laws.

2. INTERPRETATION AND DEFINITIONS

2.1. “Account” means the account created by Users through which Users access the Website;

2.2. “App” means the web application, accessible at https://app.worksheetcloud.com;

2.3. “Fees” means the fees described in clause 9.1;

2.4. “Intellectual Property” means the intellectual property, as defined in clause 20.1

2.5. “Learner” means a child of a Parent under the age of 18 (eighteen) years;

2.6. “Learning Lab Apps”, “us” and “we” means Learning Lab Apps Proprietary Limited (company registration number 2014/041543/07), a private company incorporated in terms of the laws of the Republic of South Africa, with its physical address at 3rd Floor Regus Tower, Eikestad Mall, Stellenbosch, Western Cape, 7599;

2.7. “Parent” means a parent or legal guardian of a child ;

2.8. “Personal Information” means all information about a User that can be used to identify the User;

2.9. “Services” means the services supplied by Learning Lab Apps to Users, which includes the Website and the App;

2.10. “Terms” means these terms in this legally binding agreement that regulate your use of the Services and our relationship with you;

2.11. “User” and “you” means the person making use of the Services being either a Parent and/or Learner, as is applicable;

2.12. “VAT” means value added tax levied in terms of the Value Added Tax Act, 89 of 1991; and

2.13. “Website” means https://www.learninglabapps.com and https://www.worksheetcloud.com, including all sub-domains.

3. WHEN DO THESE TERMS APPLY?

3.1. These Terms will apply when you use the Services as a User to the extent that they are applicable to you. You are required to accept these Terms when browsing the Website or when Users create an Account on the App.

3.2. To make use of any of our Services you must agree to these Terms. We reserve the right to refuse any request for our Services without notice or reason.

3.3. These Terms will also apply to any future services and interaction channels that may be made available by us unless stated otherwise.

4. OTHER APPLICABLE TERMS

Your use of the Services will be regulated by these Terms as well as any other terms that are available on the Website (“the Additional Terms”). The Additional Terms include the privacy policy governing the use of your Personal Information (“the Privacy Policy”) and the general browser terms applicable to the general use of the Website (“the Browser Terms”). If there is a conflict between these Terms and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) these Terms; (2) the Privacy Policy; and (3) the Browser Terms, in so far as the Additional Terms are applicable to you.

5. CHANGES TO THESE TERMS

5.1. We may change or add to these Terms, change or cancel the Services or offer new Services to you from time to time, change the Website or App from time to time, and change or remove the Website or App from time to time, at our discretion. We will notify you of any material changes via email which will contain a link to the updated terms or with a prominent notice on the Website or App. For continued use of the Services, you may be requested, from time to time, to accept new or amended versions of these Terms.

5.2. We will give you 30 (thirty) calendar days’ notice of a material change to these Terms. Should you disagree with the changes made, you can discontinue using our Services.

6. DURATION OF THESE TERMS

Simply, these Terms apply for as long as you use our Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Services.

7. OUR SERVICES

7.1. The Service provides Users access to an interactive and incentive based platform and provides such Users with thousands of online and printable National Curriculum and Assessment Policy Statement (CAPS) and Independent Examination Board (IEB) practice questions, designed by South African teachers for South African learners and parents, so as to help children study for school exams and tests in South Africa.

7.2. Further and more specific details about the Services and the platform are available on the Website.

7.3. The information presented in the Services is not advice and should be used for informational purposes only. Any reliance on the information provided in the Services is at your own risk.

8. YOUR ACCOUNT AND INFORMATION

8.1. In order to access the Services, a Parent must create an Account by providing Personal Information to Learning Lab Apps of the Parent and his/her Learner. Once an Account is created, you, being both the Parent and Learner will be a User for purposes of these Terms.

8.2. By creating an Account, the User acknowledges and agrees that all information provided to Learning Lab Apps, including the Personal Information, is their and any Learner’s own.

8.3. The User is solely responsible for the safekeeping of their Account access credentials. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we assume that the person using the Website or Services is the relevant Parent and/or Learner.

8.4. Users are not allowed to share their Account with any other Users. Only Users may use their Account to access the Website, App and Services and such Users may only use their Account and the Services for their own personal purposes. Users are strictly prohibited from sub-licensing or commercially exploiting their Account or the Services.

8.5. It is in the interest of all Users to familiarise themselves with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.

8.6. You must inform us immediately if there has been, or if a User suspects, any breach of security, confidentiality or of an Account, and update your Account access credentials.

9. CANCELLATION AND SUSPENSION

9.1. Memberships purchased, as referred to in clause 9.1, shall renew automatically at the end of each membership period.

9.2. A Parent may terminate their membership to the Services by means of activating the ‘Pause Membership’ option in their Account, subject to the further terms and conditions provided in clause 10.3.

9.3. A User may terminate their automatic renewal membership in the following manner and subject to the following terms:

9.3.1. Monthly membership: A Parent may cancel their membership at any time and retain access to the App and Services until the end of the month in which such Parent requested cancellation. Learning Lab Apps will not be obligated or required to refund any Fees paid by the User as a result of such termination.

9.3.2. Annual membership: A Parent may cancel their membership at any time and retain access to the App and Services until the end of the year in which such Parent requested cancellation. Learning Lab Apps will not be obligated or required to refund any Fees paid by the User as a result of such termination.

9.4. At any time, and without cause, we may cancel or suspend your Account or access to the Website and/or use of the Services in our sole discretion, without any liability if you are in breach of these Terms.

9.5. In addition, Learning Lab Apps may cancel your Account, terminate these Terms, suspend Learning Lab App’s obligations if:

9.5.1. we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms;

9.5.2. you have used the Website to breach the intellectual property rights of any third party or the Intellectual Property of Learning Lab Apps;

9.5.3. you have not used your Account or the Services for 3 (three) years and are therefore considered to be an inactive User; or

9.5.4. you have suspended any payments due by you in terms of these Terms to us.

9.6. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.

9.7. Upon termination of these Terms:

9.7.1. you must make all reasonable efforts to delete all parts of the Services and any Intellectual Property held by you in any format whatsoever;

9.7.2. you must immediately cease all use of the Services;

9.7.3. we will delete your Account and you will no longer be able to access any portion of the Website, App or Services that requires an Account; and

9.7.4. we will remove your payment information from our systems but will retain your Personal Information generated as a result of the Services for a reasonable period in line with the Privacy Policy.

10. PROMOTIONAL CODES

10.1. We may, at our discretion, make promotional codes available to you, providing a discounted fee.

10.2. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.

11. FEES

11.1. Memberships for the Services can be purchased on either a monthly or annual basis. Relevant information on the particular memberships available to Users, as well as related fees for the Services are available on the Website and are inclusive of VAT, unless stated otherwise (“the Fees”).

11.2. The Fees are subject to change from time to time, however, changes to the Fees will not apply to Services already purchased.

11.3. Other fees that may be applicable:

11.3.1. taxes;

11.3.2. cancellation fees.

12. PAYMENTS

12.1. Payment: Payment of the Fees is required before a User can use the Services. You, as the Parent, warrant that you are authorised to use the relevant billing details provided when paying the Fees, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are enough funds to cover the Fees when they are billed, and you acknowledge that Learning Lab Apps will not be liable for any overdraft fees that you might incur.

12.2. Payment Method: Learning Lab Apps make provision for payment of the Fees by means of Electronic Funds Transfer (“EFT”) and via card payment.

12.3. Payment via EFT: Fees can be paid via EFT by the Parent, the relevant information for such payment to be made available to the Parent upon creating an Account and subscribing for a membership. Learning Lab Apps will not have access to your credit card or payment information. It is important to note that in order to avoid delays in activating of memberships, Parents are requested to send proof of payment to the following email address and to use the unique reference code when making payment: [email protected]

12.4. Payment via third party payment gateway: Fees can be paid via credit or cheque card via a dedicated third party payment gateway and in terms of which:

12.4.1. to make payment of the Fees, you will be directed to a third party payment gateway to provide your credit card or other payment information via a secure connection. All payments for Fees via this option will be via the third party payment gateway and Learning Lab Apps will not have access to your credit or cheque card information; and

12.4.2. Users agree to adhere to the terms and conditions stipulated by any third-party payment gateway that may be used by us and agree to pay any fees that may be charged by such third party.

12.5. Under no circumstances will Learning Lab Apps be responsible for any fees incurred by you to any third parties resulting from any payment via EFT, a third party payment gateway or any other third parties.

12.6. Transaction records: we will make all documentation relating to transactions between you, a Parent, and us available to you on your Account and via email.

12.7. Changes to Fees: the Fees may change from time to time, subject to us giving you 30 (thirty) calendar days’ notice of such change.

12.8. Taxes: all Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under applicable laws, the Parent is responsible for any applicable taxes, whether they are listed on the transaction documents or not.

12.9. Failed purchase: should payment for the Fees be unsuccessful, the Parent will be notified of this and will be able to attend to payment again. In the event of a failed purchase, a User will be unable to access the Services until the Fees have been successfully paid. If the Fees remain unpaid, Learning Lab Apps reserves the right to terminate your access to the Services and shall notify you of such termination via email.

12.10. Additional charges: if you, as the Parent, cancel a payment by giving instruction to your bank to return your funds, and they do so, or your billing details provided are no longer valid, you will be liable to us for any penalty which we incur to that bank or other payment processor.

12.11. Foreign currency: If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations, and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.

13. REFUNDS

13.1. Cooling off: Users may cancel the Services purchased from Learning Lab Apps within 7 (seven) calendar days of purchasing the Services, reckoned from the date of payment of the Fees, unless the User has already started to receive the Services (i.e. you have used the Services during this period). We will not refund any Fees in terms of this clause 13.1 if you have used the Services or if you request a refund after 7 (seven) calendar days of making payment of the Fees.

13.2. Given the nature of the Services, we do not generally offer a refund or credit on Fees once you have used the Services unless required under applicable consumer protection laws.

13.3. A User’s access to the App and Services will be immediately cancelled upon confirmation of cancellation as referred to in clause 13.1.

13.4. Dissatisfaction with the Services:

13.4.1. If you have used the Services and are dissatisfied with them and would like to request a refund or credit on your Fees, you must contact us at [email protected] within 7 (seven) calendar days of making payment of the Fees.

13.4.2. Learning Lab Apps will assess all requests on their merits, considering the digital nature of the Services, the types of problems you encountered and your use of the Services.

13.4.3. Refunds in terms of this clause 13.3 will be granted at the sole discretion of Learning Lab Apps, taking all circumstances into account.

13.5. All refunds granted will be paid to the Parent’s payment card used for making payment of the Fees within 30 (thirty) calendar days of the refund being granted.

14. CHANGES TO THE SERVICES

14.1. Learning Lab Apps shall inform Users of any material changes to the Services by manner of email or prominent notice on the Website and/or App. Continued use of the Website and/or App after this notice has been displayed shall be deemed as your acceptance of the changes.

14.2. Should any changes to the Services result in a User having less functionality from the Services, the notice will be sent 30 (thirty) calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.

15. ACCEPTABLE USE POLICY

15.1. Users may specifically not use the Services for the direct benefit of their own clients. The Services are made available for the personal, non-commercial use of the registered User only.

15.2. Some devices may not support the use of our Website and/or App. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Website, including internet access capabilities.

15.3. The use of our Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location.

15.4. You must respect our Services and our Intellectual Property in utmost good faith and use it only as we intend it to be used. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, but these will likely be good grounds:

15.4.1. copying or distributing any of the content on our Website and/or App without our explicit consent to do so;

15.4.2. the content of the Services are intended to be used only by registered Users and you acknowledge that you shall not provide access to, make available or disseminate the Services or the content thereof (and any related Intellectual Property) to any person(s) other than those Users registered on your Account;

15.4.3. providing any untrue or incorrect information to us;

15.4.4. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website and/or App, including the security features or reverse engineering our Website and/or App;

15.4.5. infecting our Website and/or App with any software, malware or code that may infect, damage, delay or impede the operation of our Website and/or App or which may intercept, alter or interfere with any data generated by or received through our Website and/or App;

15.4.6. using malicious search technology, including, but not limited to, spiders and crawlers;

15.4.7. framing our Website or any pages or deep linking to any pages of our Website and/or App and or engaging in any other conduct in a way to suggest that you are the owner of any Intellectual Property in our Services;

15.4.8. allowing any third party to use your Account in any manner other than as permitted by these Terms; or

15.4.9. using the interactive sections of our Website and/or App to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, abusive, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws.

15.5. Learning Lab Apps’ retains the right to temporarily deactivate certain portions of, or an entire, User Account should it be found that a Learner fails to comply with the acceptable use policy as per this clause 15, with continued unacceptable behaviour resulting in grounds for cancellation of such User’s, as per clause 9.4 and these Terms.

16. CONSENT REQUIRED FOR MINORS

16.1. In terms of South African law, any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement.

16.2. Any User of the Website who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use our Website, App and/or Services .

16.3. We accept no responsibility for invalid consent being provided by a User. Any legal action taken against a minor as a result of their use of our Website, App and/or Services is independent from Learning Lab Apps and we will not be a party to any such legal action.

17. ELECTRONIC MESSAGES AND COMMUNICATION

17.1. We will primarily use email and electronic notices on the Website and/or App as our communication tool for all communications relating to our Services or these Terms. This may also include the use of SMS (short message services), registered mail or telephone.

17.2. Please note that by accepting these Terms and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws, including the Protection of Personal Information Act, 4 of 2013 and the General Data Protection Regulation ((EU) 2016/679). This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.

18. SOCIAL MEDIA INTEGRATION

18.1. The Website and/or App may allow you to create an Account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram.

18.2. If you proceed to use our Services in such context, then the relevant social media websites’ rules will also apply, and you agree to such integration.

19. THIRD PARTY SITES

19.1. We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Website and/or App does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.

19.2. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.

20. INTELLECTUAL PROPERTY RIGHTS

20.1. You acknowledge and agree that all right, title and interest in, and to, any of our Intellectual Property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times.

20.2. You agree that you will not acquire any rights of any nature in respect of that Intellectual Property by using our Services.

21. WARRANTIES AND REPRESENTATIONS

Subject to applicable laws:

21.1. we give no guarantee of any kind concerning the content or quality of our Services and our Services are not to be considered as advice of any kind, nor a guarantee of Learner’s increased success rates;

21.2. we do not give any warranty (express or implied) or make any representation that our Services, the Website or App will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose; and

21.3. we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Services and/or the information, images or audio contained on the Website or App. Our Services are used at your own risk.

21.4. You warrant to and in favour of us that:

21.4.1. you have the legal capacity to agree to and be bound by these Terms; and/or

21.4.2. IN THE CASE OF ALL LEARNERS, YOU HAVE THE CONSENT OF YOUR PARENT IN CASES WHERE YOU ARE YOUNGER THAN 18 (EIGHTEEN) YEARS OLD;

21.4.3. IN THE CASE OF PARENTS, YOU ARE 18 (EIGHTEEN) YEARS OR OLDER; and

21.4.4. these Terms constitute a contract valid and binding on you and enforceable against you.

21.5. Each of the warranties given by you will:

21.5.1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;

21.5.2. continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and

21.5.3. be deemed to be material.

22. LIMITED LIABILITIES

22.1. To be clear:

22.1.1. we will not be liable for any loss arising from your use of the Services or any reliance on the information presented on the Website, App or in the Services or provided by Learning Lab Apps as part of the Services;

22.1.2. we will not be liable to you for any loss caused by using our Services or your liability to any third party arising from those subjects. This includes but is not limited to:

22.1.2.1. any interruption, malfunction, downtime, off-line situation or other failure of the Website or App, system, databases or any of its components;

22.1.2.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website or App; and

22.1.2.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website or App, or third-party systems or programming defects;

22.1.3. we will not be liable if any material available for downloading from the Website or App is not free from infection, viruses and/or other code that has contaminating or destructive properties;

22.1.4. the Website or App may include inaccuracies or typo’s – in such instances we can’t be held liable and can’t be forced to comply with offers that are genuinely (and/or negligently) erroneous;

22.1.5. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and

22.1.6. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.

22.2. If any matter results in a valid claim against Learning Lab Apps, Learning Lab App’s liability will be limited to the Fees paid by the User in respect of the Services supplied under these Terms.

23. INDEMNITY

You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from negligence, intent, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives or any other action or omission of any nature.

24. FORCE MAJEURE

Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, pandemics, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications, electricity and internet service providers).

25. ARBITRATION

25.1. Any dispute which arises out of or pursuant to these Terms (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.

25.2. The parties shall jointly appoint an arbitrator within 14 (fourteen) calendar days of either party demanding arbitration from the other Party, failing which either party shall be entitled to approach the Secretariat of the Arbitration Foundation of South Africa (“AFSA”) to recommend an arbitrator to preside over the arbitration proceedings, which recommendation will immediately be deemed to have been accepted by the parties as soon as such recommendation is made to either party and the arbitration process may immediately commence.

25.3. Unless otherwise agreed, the rules of Commercial Arbitration as stipulated by AFSA will apply to such arbitration.

25.4. That arbitration shall be held:

25.4.1. with only the parties and their representatives present;

25.4.2. at Cape Town.

25.5. The provisions of this clause 25 are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.

25.6. The arbitrator’s award shall be final and binding on the Parties and incapable of appeal.

26. LEGAL DISCLOSURE

26.1. Website and App owner: Learning Lab Apps Proprietary Limited (trading as “Learning Lab Apps”), company registration number 2014/041543/07.

26.2. Legal status: Learning Lab Apps is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa.

26.3. Directors: Adrian Lance Marnewick; Dereck Alan Marnewick.

26.4. Description of main business of Learning Lab Apps: The main business provides Users a platform with thousands of online and printable National Curriculum and Assessment Policy Statement (CAPS) and Independent Examination Board (IEB) practice questions intended to assist children study and prepare for school exams and tests in South Africa.

26.5. Email address: [email protected]

26.6. Website address: https://www.learninglabapps.com/.

26.7. Physical address: 3rd Floor, Regus Tower, Eikestad Mall, Stellenbosch, Western Cape, 7599 .

26.8. Registered address: 3rd Floor, Regus Tower, Eikestad Mall,
Stellenbosch, Western Cape, 7599.

26.9. Postal address: PO Box 13015, N1 City, N1 City, Western Cape, 7463.

27. GENERAL

27.1. Suspension of the Website and/or App: we may temporarily suspend the Website and/or App for any reason, including repairs or upgrades to the Website or other systems. Learning Lab Apps will take reasonable efforts to notify Users of such suspensions in advance.

27.2. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.

27.3. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.

27.4. Law and jurisdiction: these Terms and all obligations connected to them or arising from them shall be governed and interpreted in terms of the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts.

27.5. Good faith: the parties shall in their dealings with each other display good faith.

27.6. Breach: if either party to these Terms breaches any material provision or term of these Terms and fails to remedy such breach within 14 (fourteen) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party’s right to claim damages.

27.7. No waiver: the failure of Learning Lab Apps to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of Learning Lab Apps’s right to enforce any such provision or right in any other instance.

27.8. No assignment: the User will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of Learning Lab Apps.

27.9. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

27.10. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

27.11. Severability: 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 severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.

27.12. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.

27.13. Notices:

27.13.1. Learning Lab Apps selects 3rd Floor, Regus Tower, Eikestad Mall, Stellenbosch, Western Cape, 7599 as its physical address and [email protected] as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.

27.13.2. You hereby select the email address specified in your Account as your address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing Learning Lab Apps with 7 (seven) calendar days’ notice in writing.

27.13.3. Service via email shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.