Welcome to Chase Education Solutions!

 

These terms and conditions outline the rules and regulations for the use of Chase Education Solutions’ Website, located at chaseeducation.co.za.

 

By accessing this website we assume you accept these terms and conditions. Do not continue to use this website if you do not agree to all of these terms and conditions.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logged on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Amira Learning Inc. Terms & Conditions

 

 

The ordering or acceptance of any Products purchased from Amira Learning Inc. (AMIRA) or its applicable subsidiaries, affiliates or Partners (collectively, “AMIRA”) by any purchaser (each a “Customer”) shall constitute an agreement to these standard terms and conditions set forth herein (the “Terms”). These Terms, together with the terms and conditions published by AMIRA in the AMIRA order form (if applicable to Customer’s purchase) collectively constitute the sole agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both AMIRA and Customer. Any contrary or inconsistent terms to these Terms appearing on purchase orders, acknowledgments, or other documents of Customer or oral stipulations shall not be binding on AMIRA.

1. BILLING, PAYMENT AND CANCELLATION. All amounts owing from Customer to AMIRA with respect to any Products purchased from AMIRA are due immediately on registration to a subscription. A subscription may be cancelled at any time BUT all amounts already paid are non-refundable. A subscription will be deemed cancelled if any payment is not made on the due date.
2. PRICES, AND TERMS.   AMIRA’s list prices and other terms shown are subject to change.
3. CUSTOMER RETURNS.  All Software is sold on a non-refundable basis.
4. TAXES.  Customer is required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the net income of Amira as applicable. AMIRA shall have no liability for any tax required to be billed, collected, and/or remitted by Customer as a result of sales of Products made by Customer, and Customer shall defend, indemnify, and hold harmless AMIRA against all losses, penalties, interest, and expense (including reasonable attorneys’ fees) arising out of any claims relating to such liability for taxes.
5. COMPLIANCE WITH LAWS. Customer shall comply with all applicable laws and regulations applicable to the purchase and use of Products and/or the resale of Products.
6. AMIRA’S INTELLECTUAL PROPERTY RIGHTS.  The intellectual property contained in the Products (and any derivative works based on the Products) is confidential and/or proprietary information of AMIRA or its licensors and is protected by copyright and other intellectual property rights. And that except for the limited license rights expressly provided herein, Amira Learning and its suppliers have and will retain all rights, title and interest in and to the Software (including all intellectual property rights) and all copies, modifications and derivative works thereof (including as may reflect any suggestions or feedback received from Customer). Customer acknowledges that it is obtaining only a limited license right to the Software and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to Customer under this Agreement or otherwise.
7. Confidential Information. Each party (“Receiving Party”) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, documentation or technical information provided by Amira Learning (or its agents), performance information relating to the Software, and the terms and conditions of this Agreement will be deemed Confidential Information of Amira Learning without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 8 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 7.  The Receiving Party’s confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information.  The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment.  The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief.
8. Any software subscribed to under these Terms is to be hosted by or through AMIRA. Any AMIRA software product Customer wishes to self-host would be considered a new transaction, and separate agreements and fees are to be negotiated. In the case of Software Product that are self-hosted in whole or in part, upon expiration or termination of the applicable subscription term, Customer must immediately cease using the Software Product, delete or destroy any copies of the Software Product and, if requested, confirm to AMIRA that the Customer has complied with these requirements.
9. Customer acknowledges that Software Products may include security technology to ensure that they may only be used in accordance with the applicable license rights.
10. Customer may not: (1) re-sell, rent or lease a Software Product or any part of it; (2) copy any part of a Software Product, except where specifically indicated otherwise or for back-up purposes; (3) reverse engineer, decompile or disassemble a Software Product or the software through which it is delivered, or convert it into any other format or medium; (4) use more copies of a Software Product, or deploy a Software Product on more devices or at more sites, than are authorized by these Terms and the applicable the AMIRA order form, or (5) sub-license the Software Products except as permitted by AMIRA in item 12 below.
11. AMIRA acknowledges that Customer will link to the web-based Software Products as a feature in Customer’s product, in which AMIRA gives express and irrevocable authorization to use, therefore, not representing breach in Amira’s Intellectual Property Rights or Confidential Information.
12. As noted in the AMIRA Privacy Policy, the Customer has full ownership of the audio of Customer’s student, as to Customer develop its material and product, as well as to utilize it on Customer’s marketing. It is the Customer’s responsibility to manage any student privacy concerns related to Customer’s use of the data.
13. Customer will own any tangible media (e.g., CD, DVD, tape, etc.) on which Software Product(s) are supplied.
14. In connection with Customer’s use of Software Products, see AMIRA’s K–12 Privacy Policy. Please note that in some instances there are other specific privacy policies that may apply to certain AMIRA Software Products. In such cases, you should refer to the applicable privacy policy for that Software Product(s).
15. To protect the privacy of clients, only the first name and first initial of each client will be provided to Amira Learning.
16. PURCHASE AUTHORIZATION. By ordering Products, Customer represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase. Customer is solely responsible for all purchase decisions, including ensuring the compatibility and suitability of all Products.
17. EQUAL OPPORTUNITY CLAUSE.  AMIRA does not and Customer shall not engage in any discriminatory practices based on race, color, religion, national origin, or physical or mental handicap
18. FORCE MAJEURE. AMIRA shall not be deemed in default of its obligations to Customer to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
19. Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement (or any part thereof) without the advance written information of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Any attempt to transfer or assign this Agreement except if notified under this Section 19 will be null and void.
20. SOLVENCY. By ordering and accepting delivery of Products, Customer represents to AMIRA that Customer is solvent and will make payment in full when due for such Products in accordance with the applicable invoice. In the event that the Customer orders and/or accepts delivery of any Products while insolvent, Customer shall immediately return all such Products to AMIRA, and any and all Products en route to Customer at such time shall be returned immediately upon Customer’s receipt thereof. Events which shall be deemed to establish Customer’s insolvency include, but are not limited to, the filing of a bankruptcy petition by or against Customer and/or Customer’s admission of its inability to pay its debts when due.
21. CLAIMS. All claims relating to any shipment and/or applicable invoice and/or Products must be made in writing within 30 days of the date of the invoice.
22. INDEMNIFICATION. To the extent allowed by law and subject to the right of Customer to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Customer will indemnify, defend and hold harmless AMIRA, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities or expenses that arise from a breach of these Terms or from improper, illegal or unauthorized use, distribution or operation of the Products. All indemnification or responsibility under this agreement is limited to the value of U$32,210 under this agreement as of the Order Form above.
23. DISCLAIMER OF WARRANTIES AND INDEMNITIES; LIMITATION OF LIABILITY. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND AMIRA EXPRESSLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS AMIRA AND ITS PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS’ FEES AND EXPENSES) INCURRED IN DEFENDING ANY CLAIM, JUDGMENT OR PROCEEDING RELATING TO OR ARISING OUT OF: (I) CUSTOMER’S BREACH OR ALLEGED BREACH OF ITS REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREEMENTS CONTAINED IN THESE TERMS; AND/OR (II) THE DISTRIBUTION, RESALE AND PROMOTION OF PRODUCTS BY CUSTOMER. AMIRA SHALL HAVE NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE ARISING FROM THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, AMIRA’S FAILURE OR ALLEGED FAILURE TO FILL ORDERS BY CUSTOMER IN WHOLE OR IN PART. AMIRA DOES NOT GUARANTEE THAT ANY SOFTWARE PRODUCTS WILL BE DELIVERED ERROR-FREE OR UNINTERRUPTED. AMIRA DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND SOFTWARE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. AMIRA SHALL NOT BE LIABLE FOR ANY DAMAGES TO COMPUTERS, COMMUNICATION SYSTEMS, DATA OR SERVICES THAT MAY ARISE AS A RESULT OF THE USE OF SOFTWARE PRODUCTS. IN NO EVENT SHALL AMIRA BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMIRA AND CUSTOMER’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER DURING THE MOST RECENT TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
24. SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind.
25. GOVERNING LAW; JURISDICTION AND VENUE. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS THEREOF, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. THE JURISDICTION AND VENUE FOR ACTIONS RELATED TO THE SUBJECT MATTER HEREOF WILL BE THE STATE AND UNITED STATES FEDERAL COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA, AND BOTH PARTIES HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
26. EXPORT.  Import duties, taxes and customs clearance fees relating to Products shipped outside the United States will be borne by Customer. Export laws and regulations of the United States apply to all Products. Customer agrees that export control laws govern its use of the Software Products and related services (including technical data) and any Software Products deliverables provided to Customer by AMIRA, and Customer agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). For Products exported outside the United States, Customer agrees that it will not import or allow a third party to import such Products into the United States.
27. CERTAIN DEFINITIONS.  ”Product(s)” professional development products, CDs, DVDs, videos, other audio/ video/multimedia products, subscription services, software licenses and any other products that Customer may acquire from AMIRA. Products may include either Software Products, Print Products, other Physical Products or both. ” Software Product(s)” means non-tangible, digital versions of Products. “Physical Product(s)” means any Product versions that are not Software Products, including Print Products books, other printed materials, and the physical media (CDs, DVDs, videos, other audio/ video/multimedia products) that carry copies of any Software Product(s) delivered to Customer, and any other physical copies of Products.

Cookies

 

 

We employ the use of cookies. By accessing this website, you agreed to use cookies in agreement with Chase Education Solutions’ Privacy Policy.

 

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

 

 

Unless otherwise stated, Chase Education Solutions and/or its licensors own the intellectual property rights for all material on the website. All intellectual property rights are reserved. You may access this from the website for your own personal use subject to restrictions set in these terms and conditions.

 

You may not:

• Republish material
• Sell, rent or sub-license material
• Reproduce, duplicate or copy material
• Redistribute content

This Agreement shall begin on the date hereof.

 

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Chase Education Solutions does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Chase Education Solutions, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Chase Education Solutions shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

 

Chase Education Solutions reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

You hereby grant Chase Education Solutions a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

 

 

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organisations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

 

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

 

We may consider and approve other link requests from the following types of organisations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

 

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Chase Education Solutions; and (d) the link is in the context of general resource information.

 

These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

 

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to info@chaseeducation.co.za. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

 

Approved organisations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Chase Education Solutions’ logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability

 

 

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

 

Your Privacy

 

Please read Privacy Policy

Reservation of Rights

 

 

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

 

 

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

 

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

 

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

 

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.