Exclusion of liability
You expressly agree that the use of the Site is entirely at your own risk. The Site and all its contents are provided on an “as is” basis, and Imbeko makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site. Imbeko does not warrant that the Site’s functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Imbeko has no control over the acts or omissions of any User and that Imbeko makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Imbeko is not responsible for the performance or conduct, whether online or offline, of any User of the Site. Imbeko expressly disclaims any and all liability whatsoever for any losses, claims, and/or damages arising from and/or in any way related to the Site.
Users of the Site transact between themselves. Imbeko will not be involved in any User interactions. Imbeko is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after User interaction.
You understand and agree that Imbeko has no control over the acts or omissions of any User on or off the Site and that Imbeko makes no representations or warranties about the quality of the services provided by any User. You understand and agree that Imbeko is not responsible for the performance or conduct, whether on or off the Site, of any User. Imbeko expressly disclaims, and each User expressly releases Imbeko from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the site.
Imbeko shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the website and/or its content. In no event shall Imbeko’s total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the amount paid by you to Imbeko.
Imbeko, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Imbeko is expressly advised thereof.
You agree to access and use the Site entirely at your own risk. You agree that Imbeko can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify Imbeko of any irregularities, to act on any instruction purporting to originate from you. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Imbeko’s safety policy, when interacting with other Users.
Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:-
- The full name and legal status of the website owner is The New Social Project(NPC)
- Imbeko’s website is imbeko.org and its email address is email@example.com
- Main business: Arranging and managing private tutoring services
- The costs associated with the access and use of the Imbeko website are free.
- Cooling off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling off provisions of the ECT Act do not apply to this website
- Users may lodge complaints concerning the Imbeko website through the “Contact Us” service provided on this website.
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- access to the Imbeko website
- the inability to access the Imbeko website
- the services and content available from the Imbeko website
- these terms and conditions
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.