Terms and Conditions

1. About Eduplay

Eduplay develops and supplies educational software for families, learners, schools, educational institutions and study centres.

For purposes of these Terms, references to “Eduplay”, “we”, “us” or “our” refer to Eduplay Software and Development (Pty) Ltd, trading as Eduplay.

Website: www.eduplay.co.za

General enquiries: info@eduplay.co.za

Product support: support@eduplay.co.za

Telephone: +27 18 294 5202

Additional company and contact information is available on the Eduplay website.

2. Eligibility to Purchase

You must be legally capable of entering into a binding agreement in order to purchase directly from Eduplay.

Where a product is intended for a child, the purchase should be made by a parent, guardian, school, teacher or other authorised adult.

If you purchase on behalf of a school, business, organisation or other institution, you confirm that you are authorised to make the purchase or accept these Terms on its behalf.

3. Eduplay Products

Eduplay provides educational software covering areas including mathematics, reading, spelling, memory, concentration, logical reasoning, problem-solving and other learning skills.

Product descriptions, recommended ages, included programs, supported platforms, licence quantities and prices may differ between products.

You are responsible for reviewing the relevant product page before purchasing to ensure that the product is suitable for your needs and compatible with the computer or device on which you intend to use it.

Screenshots, illustrations, product packaging and promotional material are provided to assist customers in understanding the product. Minor visual differences may exist between promotional material and the current software version.

4. Once-Off Purchases — No Recurring Subscription

Unless a particular product is expressly described otherwise before you purchase it, Eduplay software is sold on a once-off purchase basis.

Standard Eduplay software purchases do not involve:

• monthly subscription fees;
• annual subscription fees;
• automatic renewals; or
• recurring licence charges.

You will not automatically be charged again simply for continuing to use software that you have validly purchased and licensed.

Additional licences, replacement licences, different products or future optional purchases may carry additional once-off charges.

5. Prices and Payment

Prices are displayed in South African Rand unless otherwise indicated.

The price applicable to your purchase is the price displayed or quoted at the time the order is placed, subject to correction of genuine pricing or technical errors.

Payment must be successfully completed before Eduplay is required to deliver or activate a paid product.

Payments may be processed through third-party payment service providers. Those providers may apply their own terms, security procedures and privacy practices.

Eduplay does not guarantee that every payment method will always be available.

Where a payment is declined, reversed, cancelled, disputed or found to be fraudulent, Eduplay may withhold or suspend delivery or activation until the matter has been resolved.

6. Orders and Order Acceptance

Submitting an online order does not necessarily mean that Eduplay has accepted the order.

An order is regarded as accepted when payment has been successfully received or confirmed and Eduplay has issued the applicable purchase confirmation, software delivery information, licence or activation details.

Eduplay may refuse or cancel an order where reasonably necessary, including where:

• payment cannot be verified;
• incorrect pricing was displayed as a result of an obvious error;
• the requested product is no longer available;
• fraudulent or unlawful activity is suspected; or
• fulfilling the order would breach applicable law.

If Eduplay cancels an order after receiving valid payment and no product has been supplied, the amount paid for the cancelled order will be refunded.

7. Digital Delivery

Many Eduplay products are supplied electronically.

Following a successful purchase, you may receive information by email or through the Eduplay website enabling you to download, install, register or activate your software.

You are responsible for:

• providing a valid email address;
• checking your inbox and, where appropriate, spam or junk folders;
• maintaining a suitable internet connection for downloading the software;
• following the installation and registration instructions supplied; and
• keeping your purchase and licence information reasonably secure.

If you have paid for a product but have not received the expected delivery information, contact support@eduplay.co.za.

8. Software Licence

Purchasing Eduplay software gives you a licence to use the software in accordance with these Terms.

It does not transfer ownership of the software, source code, artwork, content or other intellectual property to you.

Unless otherwise stated for the relevant product or agreed in writing, the licence is:

• non-exclusive;
• limited to the number of computers or devices included with the purchase;
• for the customer's own lawful educational use; and
• subject to the licensing restrictions contained in these Terms.

The number of licences included with a product is shown on the applicable product page, quotation or purchase documentation.

Where a package includes two licences, for example, the software may be registered on up to two eligible computers in accordance with the applicable licence conditions.

Additional computers require additional licences.

9. Computer-Bound Licences

Certain Eduplay Windows software licences are linked to the computer on which the software is registered.

Once such a licence has been registered to a particular computer, it is generally intended for use on that computer and may not automatically be transferred to another computer.

Changes including the following may affect an existing registration:

• replacing the computer;
• formatting or reinstalling the operating system;
• replacing a hard drive;
• significant hardware changes; or
• other changes that cause the software to identify the machine as a different installation.

Customers should therefore take care before formatting, replacing or substantially modifying a licensed computer.

Where a new licence is required because a computer has been replaced, reformatted or materially changed, a replacement or additional licence may need to be purchased.

Any replacement licence pricing or concession offered by Eduplay will be subject to the applicable product, customer type and terms in effect at the time.

10. Home and Private-Use Licences

Products sold with licences described as private use, home use or similar are intended primarily for use by the purchasing household.

Unless specifically authorised by Eduplay, a private-use licence may not be:

• resold;
• rented;
• commercially distributed;
• shared with unrelated households;
• installed on more computers than the purchased licence quantity allows; or
• used to provide commercial access to the software to third parties.

Schools, tutoring centres, study centres, training facilities and other organisations should obtain the appropriate institutional licences.

11. School and Institutional Licences

Schools, educational institutions, study centres and similar organisations may purchase Eduplay software and licences under separate quotations or institutional pricing.

Unless the relevant quotation states otherwise:

• school licences are purchased on a once-off basis;
• there are no recurring annual licence fees merely for continued use of validly licensed software;
• each computer requiring the software must have the required licence;
• licences are associated with the licensed computers;
• institutional licences may not be transferred to private individuals; and
• additional or replacement computers may require additional or replacement licences.

Specific pricing, discounts, promotional offers, future licence pricing or other arrangements contained in an Eduplay quotation form part of the relevant transaction.

If a quotation contains terms that specifically differ from these general Terms, the specific terms of the accepted quotation will apply to that transaction to the extent of the difference.

12. Installation and System Requirements

Customers are responsible for checking the applicable product information and system requirements before purchasing.

System requirements may include requirements relating to:

• operating system;
• available storage space;
• memory;
• screen resolution;
• audio hardware;
• internet access for downloading or registration; and
• other hardware or software dependencies.

Eduplay cannot guarantee that software will operate correctly on hardware or operating systems that do not meet the applicable requirements.

The continued availability or compatibility of third-party operating systems, devices or technologies is outside Eduplay's control.

13. Registration and Activation

Some Eduplay software requires registration or activation before all functionality becomes available.

You agree to provide accurate information where reasonably required for registration or support.

Licence codes, registration codes and activation information may not be:

• sold separately;
• publicly distributed;
• shared with unauthorised persons;
• used to circumvent licence limits; or
• manipulated in an attempt to obtain additional unauthorised installations.

Eduplay may refuse or disable an activation where there is reasonable evidence of fraud, licence abuse or unauthorised copying, subject to applicable law.

14. Software Updates and Changes

Eduplay may from time to time:

• correct errors;
• release updated installers;
• improve compatibility;
• modify software features;
• update educational content; or
• discontinue older versions.

A once-off software purchase does not automatically entitle the customer to every future product, major new edition or separately sold upgrade unless this is expressly included with the purchase.

Eduplay will, however, honour any rights or remedies required by applicable law.

15. Educational Purpose

Eduplay software is intended to support learning and skills development.

Although Eduplay aims to provide educationally useful and appropriate material, results will differ between learners.

Eduplay does not guarantee:

• a particular school result or academic mark;
• improvement by a particular percentage;
• admission to a school or educational programme;
• successful completion of a curriculum;
• that the software will replace a teacher, tutor or professional educational assessment; or
• that every product will be equally suitable for every learner.

Parents, guardians and educators remain responsible for determining how the software should be used as part of a learner's broader education.

16. Refunds, Cancellations and Incorrect Purchases

Eduplay wants customers to purchase products that are suitable for their needs.

Because many Eduplay products are digital products that can be downloaded, installed, registered or activated shortly after purchase, refund requests are considered according to the nature of the product, whether it has already been supplied or activated, the circumstances of the request and applicable South African law.

Change-of-mind requests

Where permitted by law, Eduplay may decline a change-of-mind refund after digital software, a licence code or activation has already been supplied or used.

Customers are therefore encouraged to check:

• the product description;
• recommended age or grade;
• included programs;
• language;
• platform;
• system requirements; and
• number of licences

before completing a purchase.

Defective or incorrectly supplied products

Nothing in these Terms removes any rights you may have under the Consumer Protection Act, the Electronic Communications and Transactions Act or other applicable South African law.

If software supplied by Eduplay is materially defective, substantially different from what was ordered or cannot be used as represented because of a fault attributable to Eduplay, please contact support@eduplay.co.za so that we can investigate and provide an appropriate remedy where required.

Depending on the circumstances and applicable law, the remedy may include technical assistance, replacement, correction or refund.

Duplicate or incorrect transactions

If you believe that you have been charged twice, received the wrong product or made an accidental duplicate purchase, contact Eduplay as soon as reasonably possible.

Refunds approved by Eduplay will normally be returned through the original payment method where practicable.

17. Technical Support

Eduplay provides reasonable support for legitimate customers experiencing problems with installation, registration or operation of supported products.

When requesting support, we may ask for information reasonably necessary to identify:

• the customer;
• the product purchased;
• proof of purchase;
• the computer or operating system;
• the registration or licence concerned; and
• the technical problem being experienced.

Support does not include an obligation to repair or configure unrelated third-party hardware, operating systems, networks or software.

18. Promotions and Special Offers

Eduplay may run promotions, discounts, bundles, referral campaigns or other special offers.

Promotional offers:

• may be available for a limited time;
• may apply only to selected products;
• may have eligibility requirements;
• may not always be combined with other offers; and
• may be subject to additional conditions disclosed with the promotion.

Eduplay may withdraw or amend a promotion prospectively, but this will not affect a qualifying purchase already completed under the promotion.

Any advertised saving or comparison is based on the relevant standard product prices or package composition applicable when the promotion is offered.

19. Eduplay Agent Codes

Approved Eduplay Agents may receive unique agent or referral codes.

Where a customer uses a valid agent code with a qualifying purchase, the customer may receive the promotional benefit described by Eduplay for that campaign.

The use of an agent code does not normally increase the standard advertised package price.

Agent commission arrangements are between Eduplay and the approved Agent and are governed by the applicable Eduplay Agent programme terms.

A customer has no claim to an Agent's commission.

Eduplay may refuse an agent-code benefit where the code:

• is invalid or expired;
• has been used fraudulently;
• does not apply to the selected product;
• does not meet the conditions of the applicable promotion; or
• has otherwise been misused.

20. Intellectual Property

All intellectual property associated with Eduplay remains the property of Eduplay or the relevant rights holder.

This includes, where applicable:

• software;
• program code;
• educational content;
• exercises;
• databases;
• graphics;
• characters;
• animations;
• audio;
• video;
• photographs;
• product names;
• logos;
• trademarks;
• website content; and
• documentation.

Except for the limited right to use legitimately purchased software, no intellectual-property rights are transferred to the customer.

21. Prohibited Use

You may not, except where expressly permitted by law:

• copy or distribute Eduplay software unlawfully;
• provide unauthorised copies to other persons;
• resell software or licence codes without written authorisation;
• share a licence across more computers or devices than permitted;
• remove copyright or proprietary notices;
• bypass, disable or interfere with licence or registration controls;
• reverse engineer, decompile or attempt to extract source code except where this right cannot lawfully be restricted;
• use Eduplay systems to carry out unlawful activity;
• attempt unauthorised access to Eduplay servers, systems or accounts; or
• interfere with the proper operation or security of the Eduplay website or services.

22. Website Use

You may use the Eduplay website for lawful personal, educational and commercial enquiry purposes.

You must not:

• deliberately introduce malware or harmful code;
• attempt to gain unauthorised access to the website or underlying systems;
• scrape or systematically extract substantial website content without permission;
• impersonate another person;
• submit fraudulent information;
• interfere with website availability; or
• use the website in a manner that violates applicable law.

Eduplay may restrict access where reasonably necessary to protect the website, customers or systems.

23. Customer Information and Privacy

Eduplay processes personal information in accordance with our Privacy Policy and applicable South African data-protection law, including the Protection of Personal Information Act (POPIA).

Our Privacy Policy explains the types of personal information we may collect, why we process it, how we protect it and the rights available to individuals.

The Privacy Policy should be read together with these Terms and Conditions.

24. Third-Party Services

Eduplay may use or link to third-party services, including:

• payment providers;
• hosting services;
• email services;
• social-media platforms;
• application stores;
• operating-system providers; and
• other technology services.

Third-party services are governed by their own terms and privacy policies.

Eduplay is not responsible for failures, outages or changes to third-party systems that are outside our reasonable control, although we will take reasonable steps to assist customers where such issues directly affect an Eduplay purchase or service.

25. Availability of the Website and Services

We take reasonable steps to keep the Eduplay website and relevant services available and functioning correctly.

However, we do not guarantee that the website will be uninterrupted or error-free at all times.

Temporary interruptions may occur because of:

• maintenance;
• hosting outages;
• network failures;
• security incidents;
• software updates;
• third-party service failures; or
• circumstances beyond our reasonable control.

Where practicable, Eduplay will work to restore affected services within a reasonable period.

26. Limitation of Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.

Subject to applicable law, Eduplay will not be liable for indirect, incidental or consequential loss arising solely from circumstances outside our reasonable control.

Eduplay is also not responsible for loss caused by:

• failure to meet published system requirements;
• unauthorised installation or copying;
• modification of the software by someone other than Eduplay;
• malware or faults originating from the customer's computer or network;
• failure of third-party hardware, operating systems or services;
• loss of data resulting from the customer's failure to maintain reasonable backups; or
• use of the software contrary to supplied instructions or these Terms.

Any limitation contained in these Terms applies only to the extent permitted by the Consumer Protection Act and other applicable South African law.

27. Unauthorised or Fraudulent Activity

Eduplay may investigate suspected fraudulent purchases, payment disputes, unauthorised licence use or deliberate attempts to circumvent licensing controls.

Where there is reasonable evidence of unlawful or fraudulent activity, Eduplay may, subject to applicable law:

• refuse the transaction;
• suspend an affected licence;
• prevent further activation;
• preserve relevant records;
• contact the payment provider; or
• report the matter to the appropriate authorities.

28. Changes to Products and Pricing

Eduplay may change future product prices, package composition, licence pricing, promotions and available products at any time.

Such changes do not alter a completed purchase retrospectively.

A customer who has already completed a valid purchase remains entitled to the product and licence purchased, subject to these Terms and any specific terms applicable to that transaction.

29. Changes to These Terms

Eduplay may update these Terms from time to time to reflect changes to:

• our products;
• our website;
• our licensing model;
• technology;
• payment or delivery methods; or
• applicable law.

The latest version will be published on the Eduplay website together with the date on which it was last updated.

Changes will not retrospectively remove rights that a customer already acquired under a completed transaction.

30. Governing Law

These Terms and any transaction with Eduplay are governed by the laws of the Republic of South Africa.

Nothing in these Terms prevents a consumer from exercising any rights or using any complaint or dispute-resolution mechanism available under applicable South African consumer law.

31. Resolving Complaints and Disputes

If you experience a problem with an Eduplay purchase, licence or service, we encourage you to contact us first so that we can attempt to resolve the matter directly.

Product and technical support:

support@eduplay.co.za

General enquiries:

info@eduplay.co.za

Please provide enough information for us to identify the relevant transaction and understand the problem.

Nothing in this section prevents a consumer from approaching the National Consumer Commission, a consumer court, an ombud or other competent authority where applicable.

32. Severability

If any part of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent necessary to comply with applicable law.

The remaining provisions will continue to apply.

33. No Waiver

If Eduplay does not immediately enforce a provision of these Terms, that does not mean that Eduplay has waived the right to enforce it later.

34. Entire Agreement

These Terms, together with:

• the applicable product description;
• the Privacy Policy;
• any accepted quotation;
• any specific promotional terms; and
• any other terms expressly agreed in writing

form the agreement applicable to the relevant Eduplay transaction.

Where specific written terms for a school, institution or other transaction conflict with these general Terms, the more specific agreed terms will apply to that transaction to the extent of the conflict.

35. Contact Eduplay

Questions about these Terms and Conditions can be directed to:

Eduplay Software and Development (Pty) Ltd
Trading as Eduplay

Website: www.eduplay.co.za
General enquiries: info@eduplay.co.za
Product support: support@eduplay.co.za
Telephone: +27 18 294 5202

© Eduplay Software and Development (Pty) Ltd. All rights reserved.