T&Cs

1. INTROUDUCTION
1.1 These terms govern your access as user to the website with domain www.differ.co.za and application “Differ Maths” as downloadable from the Google Play Store at the domain https://play.google.com/store/apps/details?id=za.co.differmaths.maths&gl=ZA, Apple App Store at the domain https://apps.apple.com/us/app/differ-maths/id1534932488 and any associated web pages or applications thereto (hereinafter referred to as “the Application”).

2. DEFINITIONS
2.1 Unless we indicate to the contrary in these terms, any references to any gender includes the other genders, a natural person includes an artificial person and .

2.2 In these terms the words define hereunder shall have the meanings assigned to them hereunder:

2.2.1 “access” means to visit, use, load in a web browser, mobile phone or device or in any form of engagement with the Application;

2.2.2 “content” means all information and data which you may have access to as part of, or through your access to the Application and/or the subscription service to the Application;

2.2.3 “goods” means all goods and services sold and/or promoted by the seller, including but not limited to content downloaded from the Application;

2.2.4 “intellectual property” means collectively the patents, copyrights, moral rights, trademarks, designs, models, brands, names, trade names, trade secrets and any other type of intellectual property, whether registered or unregistered, which Differ Maths own, generate, license, use and/or hold in connection with the Application;

2.2.6 “the parties” means the seller and purchaser collectively;

2.2.7 “the purchaser” means any person, partnership, firm, association, close corporation, company or entity purchasing any goods or making use of the services of the seller;

2.2.8 “the seller” means Differ Maths;

2.2.9 “the Application” means our application downloadable from the Google Play Store at the domain https://play.google.com/store/apps/details?id=za.co.differmaths.maths&gl=ZA and Apple App Store at the domain https://apps.apple.com/us/app/differ-maths/id1534932488 and our website with domain www.differ.co.za

2.2.10 “trademarks” means all trademarks that we own and/or any trademarks, designs, logos, style names and slogans which we own or have the right to use;

2.2.11 “services” refers to any and all services provided by us, including but not limited to the subscription service for the use of the Application;

2.2.12 “you”, “user” and “users” means the users of the Application;

2.2.13 “us”, “we” and “Differ Maths”, means Differ Maths;

2.3 Any reference in these terms to a party shall, if such party is liquidated or sequestrated, be binding upon such party’s liquidator or trustee;

3. APPLICATION

All and any business undertaken by the parties is and shall be subject to the conditions herein and each and every condition shall be deemed to be incorporated in as a condition of any agreement concluded between the parties.

 4. CHANGES AND AMENDMENTS

We are entitled to amend these terms at any time and in any way, in our sole discretion, without notice to you. Such amendments will come into effect immediately andyou will be bound by them. The amended terms will be published on the Application, and it is your responsibility to review these terms on a regular basis to ensure that you are aware of the content of the terms and any amendments thereto.

5. PERSONAL INFORMATION AND PRIVACY POLICY

5.1 We are permitted to request you to submit your personal information to us through the Application, or in any other manner, in order to access certain aspects of the Application and to enable you to make use of the goods and services that we offer.

5.2 You warrant that the personal information you submit is accurate, current and complete. You remain responsible to update any of your personal information provided to us, as soon as it is no longer accurate or complete.

5.3 We are permitted to verify the personal information provided by you to us. You irrevocably consent to the aforesaid verification proces

5.4 We will use your personal information for the following:

5.4.1 To contact you with regards to current or new goods or services;

5.4.2 To inform you of special offers, promotions and competitions;

5.4.3 To improve your experience on the Application, by monitoring statistical data, non-personal browsing habits and to transact with us;

5.4.4 To regulate access to the Application.

5.5 We are entitled to disclose your personal information to our employees and/or third party service providers, who assist us to provide our goods and services and to  interact with you via the Application, E-mail or telephonic communications, and therefore are required to know your personal information in order to ensure that we provide a proper and efficient service to you.

5.6 We will treat your personal information as confidential, and upon your request return or destroy any of your personal information in our possession or control.

5.7 We will not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of personal information to a third party, should we disclose your personal information to a third party, such as a third party service provider used by us, or an entity which operates a website or application or service linked to the Application or anyone else than us. It is your responsibility to familiarize yourself with the privacy policy of such third party.

5.8 You agree that we may intercept, block, filter, read, delete, disclose and use all communications you send or post to us or the Application and to our employees.

5.9 You agree that the consent you provided as referred to in clause 5.8 of the terms satisfies the requirements of consent as specified in the

Electronic Communications and Transactions Act, No. 25 of 2002, and the Communications and Provision of Communication-related Information Act, No. 70 of 2002.

5.10 You agree that we are permitted to make use of cookies to enable us to recognize you and obtain information relating to your visits to the Application.

5.11 The purchaser authorizes the seller herewith to provide any information, supplied by the purchaser to the seller, to any Credit Bureau.

 6. USE OF THE APPLICATION

6.1 You may not access or use the Application for any illegal, unlawful or immoral purposes, or for any purposes as prohibited by these terms.

6.2 You may only access the Application and use the Application if you are a valid subscriber to the Application and by making use of your own valid login details.

6.3 You agree to adhere to generally acceptable internet and e-mail etiquette.

7. LIMITATION OF LIABILITY

7.1 Neither the seller, nor any of its directors, officers, servants, employees, members, contractors, agents or other person for whom in law the seller may be liable, shall be liable for any loss, damage, damages or claim whatsoever, and howsoever arisen, whether direct or indirect consequential, or otherwise suffered by the purchaser,  arising from any cause whatsoever in connection with the supply or delivery of any goods and/or use of the Application.

 7.2 The seller shall not be liable for any reason whatsoever prohibiting the purchaser to access or download any content, goods or services from the Application.

8. INDEMNITY

You hereby indemnify the seller and its directors, officers, employees, servants, agents, contractors or any other person for whom in law the seller may be liable from any loss, damage, damages, liability, claim or demand of any nature whatsoever, due to or arising out of your access to the Application, breach of these terms or any cause in connection with the supply or delivery of any goods, services, information or downloading of content from the Application.

9. COMPLAINTS

Should you have any complaints or are of the view that your rights have been infringed by the seller or any of its employees, you may address a complaint to us in writing by e-mail to hello@differ.co.za

10. THIRD PARTY APPLICATIONS AND WEBSITES

10.1 We do not endorse any applications or websites or the content thereof, linked to the Application. Should you make use of such websites, it is solely your responsibility to familiarize yourself with the content which will govern your relationship with such third parties.

10.2 We are not responsible or liable for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use or reliance on any such linked third party application or website. You agree that where you access linked third party applications or websites, you solely do so at your own risk.

11. GOVERNING LAW AND SERVICE OF LEGAL DOCUMENTS

11.1 Your access to the Application and all of your dealings with the seller shall be governed by The law of the Republic of South Africa.

11.2 Should any dispute arise out of your access to the Application or your dealings with the seller, you consent to the jurisdiction of the South African courts to resolve such disputes.

11.3 We choose our attorneys of record’s address, situated at 29 Hof Street, Malmesbury, Western Cape, for all communication purposes, including in respect of court process, notices, documents and communications of whatsoever nature.

11 .4 You hereby agree that you choose your physical addresses, as at the time of subscribing to the Application, as your to which all notices, legal process and post are to be sent.

11.5 You agree that we may serve documents relating to court process, notices, and documents and communications of whatsoever nature on you using your e-mail address as provided to us by you. The service of such notices on you via e-mail shall be deemed to have been served on you by no later than 24 hours after such notices or communications were sent.

11.6 The purchaser shall pay all legal costs incurred by the seller on an attorney own client scale in taking any legal action against the purchaser for the enforcement of any of its rights.

12. GENERAL AND SOCIAL MEDIA COMPETITIONS

12.1In order to participate in a competition hosted by the Seller, a participant should comply with the following

12.1.1 Be at least 18 years of age;

12.1.2 Reside within the Republic of South Africa;

12.1.3 Entered with a valid e-mail address and cellphone number,whichever is requested by the Seller.

12.2 By participating in the competition you automatically agree that we will not be liable for any loss, damages, costs or claims in connection with the competition or
arising from the acceptance, possession or use of any prize awarded by us.

12.3 At all times winners will be randomly selected from the pool of qualified participants.

12.4 Once a decision is made regarding whom the winner is, such decision is final.

12.5 Prizes can not be exchanged for cash or any other item.

12.6 Should it not be possible for us to provide the prize as advertised, an alternative prize of equal value will be provided, subject to our discretion.

12.7 In order to claim the prize, the winner must provide proof of identification to us.

12.8 The winner will be announced within 24 hours of determining the winner, which announcement will be made telephonically or via e-mail to the specific participant.

12.9 We may disqualify a winner if we do not receive a response accepting the prize from the winner within 72 hours of notifying the winner.

12.10 If the winner does not accept the prize within 72 hours, the aforesaid participant will forfeit his/her prize and we may select and announce a new winner
within 24 hours.

12.11 Should you be the winner, you agree that your name may be published on the Application and all social media accounts of Differ Maths.

12.12 We are not responsible for any incorrect information submitted by participants. It is the responsibility of all participants to ensure that entry information provided is accurate and up to date.

12.13 We are not responsible for any lost data, due to network errors or any electronic failures beyond our control.

12.14 We are entitled to amend, suspend or terminate the competitions for reasons beyond our control.

13. PRICING

13.1 All prices displayed on the Application, relating to subscription are valid and effective for the day that they were viewed.

13.2 We reserve the right to change, without prior notice, to discontinue or change pricing or specifications of goods or services offered on the Application without incurring any liability whatsoever.

13.3 All goods and services displayed on the Application, or on which a quotation is made, are subject to availability.

13.4 Where goods or services that were selected on the Application, cannot be delivered by us, for whatsoever reason, you will be provided  with the opportunity to reselect from goods or services available at the time of your selection.

13.5 All prices, whether on the Application, or social media, are inclusive of Value Added Tax (VAT).

14. MAKING USE OF THE APPLICATION

14.1 By subscribing to the Application, you submit, represent and warrant that you are over the age of 18 (eighteen) years, and that you are authorized to such subscription and make payment therefore in whatsoever manner you have indicated payment shall be made.

14.2 The Application can only be purchased through Google Play Store, Apple App Store and their supported pay portals.

14.3 The *monthly/ *three monthly/ *six monthly and *yearly subscription price shall be paid on date of subscription and thereafter on the same day as which you subscribed, of every following *month/ *three months/ *six months or *year. *depending on your choice.

14.4 If you subscribed to the Application and such subscription is cancelled or amended by yourself, you shall be liable for the subscription fees for the period for which you have subscribed.

14.5 It is at our discretion to suspend any given product line.

14.6 The seller cannot be held responsible for any damages suffered due to a suspension of a product line.

 15. DELIVERY

15.1 Delivery takes place by way download of application from the Google Play Store or the Apple App Store to purchaser’s device and/or by way of direct download from the application to the device on which the purchaser is using the application.

15.2 The seller shall not be held liable for any reason whatsoever prohibiting the purchaser from downloading any goods, services or content from the Application.

15.3 You warrant that the seller will not be liable for any damages arising out of the download any goods or services provided by seller, including but not limited to a corrupted file downloaded by you, or arising from a software virus attached to the downloadable link or goods.

15.4 We or the third party service provider delivering the goods and/or services provided by us, shall not be held liable for any loss or damage, damages suffered by any person, as a result of any act or omission by us or the third party service provider in the process of delivering the goods and/or services.

16. BREACH

16.1 In the event of the purchaser breaching any conditions of these terms or of the agreement of sale entered between the parties, the seller shall, without prejudice to any rights which the seller may have in law, have the right to:

16.1.1 Cancel to agreement between the parties, without having to give prior notice to the purchaser;

16.1.2 Remove and repossess all the goods delivered to the purchaser, or downloaded from the Application by the purchaser, if possible, and recover any damages which the seller suffered as a consequence of the cancellation of the agreement between the parties;

16.1.3 Claim from the purchaser payment of the outstanding subscription payments due, which outstanding amount shall immediately become due and payable;

16.1.4 Suspend further use of the Application and exercise of any rights that the seller may have in terms of the agreement with the purchaser.

16.2 The purchaser is in default if:

16.2.1 The purchaser fails to pay the subscription price on due date thereof;

16.2.2 The purchaser is in breach of any of these terms and conditions;

16.2.3 The purchaser, if applicable, is found guilty of an offence based on dishonesty;

16.2.4 Facts or information concerning the purchaser’s financial position came to the seller’s attention, and if, in the discretion of the seller, it appears that the financial risk to the seller is greater than what was originally the case.

 17. CANCELLATION AND REFUND

17.1 Cancellations are being governed by the terms and conditions of Google or Apple, which can be accessed.

Google:https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en

Apple: https://support.apple.com/en-za/HT202039

17.2 No refunds will be given.

18. RISK AND OWNERSHIP

18.1 Upon subscribing to the use of the Application, risk of such use, including risk of any goods or services downloadable from the Application, passes to the purchaser.

18.2 In the event of service delivery or goods being undertaken by a third party service provider, risk in the goods or service ordered shall pass to the purchaser upon payment of the purchase price/subscription price by purchaser, which is also deemed as time of acceptance of the order by purchaser.

18.3 Ownership will be retained and vested in the seller, at all material times and the purchaser will only purchase the right to access the Application and download goods and make use of services provided by the Seller through its subscription services.

18.4 Any services provided or goods downloaded from the Application, at all material times remains solely the property of the seller.

19. MISCELLANEOUS

19.1 In the event of any amount payable by the purchaser not being paid in full on or before the due date, the total amount owing by the purchaser shall immediately become due and payable.

19.2 Payment of the subscription price, or any part thereof, may not be withheld by the purchaser pending the settlement of any claims or disputes, of whatsoever nature.

19.3 No extension of time or other relaxation or indulgence which the seller may grant to the purchaser shall in any way prejudice any of the seller’s rights hereunder.

19.4 Any provision in these terms which is or may become illegal, invalid or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability and shall be treated and severed from these terms, without invalidating the remaining provisions of these terms.

19.5 Should you breach any of these terms, we may, without further notice to you, terminate your access to the Application, and/or prohibit future access by you to the Application, and/or take legal action against you, without incurring any liability to you, and all of our rights in this regard are expressly reserved.

19.6 We will not accept any subscriptions where an inadvertent and obvious error is present in the prices of the subscription or services or the description of any of the goods or services on the Application or on any promotional material, or any goods or services provided by us.

19.7 The actual goods downloaded may be subject to variations in appearance from the images displayed on the Application.

19.8 The purchaser will not be entitled to assign, cede or transfer any rights or obligations acquired in terms of any agreement with the seller or any order in whole or partly to any party or person without prior written consent of the seller.

19.9 No failure or delay on the part of the seller in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege.

19.10 The purchaser accepts and acknowledges that no previous contracts or agreements entered into with the seller forms part of this agreement. No specifications, quotations, advertisements, brochures, technical data or subscriptions previously supplied by the seller forms part of this agreement, unless the seller gives written consent thereto.

20. GENERAL DETAILS OF DIFFER MATHS

20.1 Website address: www.differ.co.za

20.2 Address for receipt of legal documents and notices: 29 Hof Street, Malmesbury, Western Cape

20.3 Email address: hello@differ.co.za

20.4 Governing terms of use: the terms herein as per the Application

21. INTELLECTUAL PROPERTY

21.1 All intellectual property rights, in all materials which form part of the Application are owned by the seller, or alternatively the seller is the lawful user thereof.

21.2 Any unlawful use of copyrighted items displayed on the Application, is prohibited and constitutes an unlawful infringement of the intellectual property rights of the seller and/or such trademark or copyright owner.

22. WARRENTIES

22.1 The seller cannot guarantee that add-on services and goods will match previous ordered goods or services.

22.2 Any request for the use of services and materials supplied by the Application shall be attended to as soon as possible by us, although we cannot be held liable for any damages suffered if delivery of services or goods or products cannot be attended to at the time request by you.