Apex Academic Centre · Legal
General Terms & Conditions
Website and umbrella terms
These General Terms & Conditions govern your use of Apex Academic Centre's websites and your overall relationship with us. Please read them together with the Client Terms, Tutor Terms and our Privacy Policy.
These General Terms govern your use of Apex’s websites and the overall relationship between you and Apex. They sit above, and should be read with, our Client Terms & Conditions, Tutor Terms & Conditions, Tutor Code of Conduct and Privacy Policy. Where a more specific document covers a matter, that document applies to that matter.
1About These Terms
1.1
These General Terms apply when you access or use any Apex website or service. They are an umbrella: the detailed terms for tutoring are in the Client Terms & Conditions (for Parents and Clients) and the Tutor Terms & Conditions (for Tutors), and data matters are dealt with in the Privacy Policy. Those documents are incorporated into these General Terms by reference.
1.2
If there is any conflict, the more specific document prevails for its subject matter: the Client Terms for the Client relationship, the Tutor Terms for the Tutor relationship, and the Privacy Policy for data protection.
1.3
By using our websites or services, you agree to these General Terms.
2Who We Are (Supplier Information)
2.1
This information is provided in accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”):
Full name and legal status: Apex Academic Centre (Pty) Ltd, a private company incorporated in the Republic of South Africa;
Registration number: 2021/689399/07;
Registered office: 346 Jan Smuts Avenue, Craighall, Johannesburg, Gauteng;
Principal operating address: 55 Richards Drive, Halfway House, Midrand, 1685;
Email: support@apexacademiccentre.co.za;
Websites: apexacademiccentre.co.za and app.apexacademiccentre.co.za.
3What We Do
3.1
Apex is a South African tutoring business. It offers online, in-person and hybrid tutoring across a range of curricula and grades, home-schooling support, and educational resources. Apex sources and screens Tutors, who are independent contractors, and acts as their agent in facilitating Lessons for Students. Apex is not a school and does not itself provide the Lessons.
3.2
Online Lessons are delivered, scheduled and recorded through Apex’s Custom LMS.
4Tutoring Services
4.1
If you are a Parent or Client purchasing tutoring, the Client Terms & Conditions apply to that purchase, including the provisions on fees, payment, scheduling, cancellations and refunds, child safety, and recording. If you are a Tutor, the Tutor Terms & Conditions and the Tutor Code of Conduct apply to you.
4.2
Please read the document relevant to you before registering or purchasing.
5Educational Resources And Digital Products
5.1
Licence. When you obtain a resource from Apex (such as a study guide, past paper, workbook or video), Apex grants you a limited, non-exclusive, non-transferable licence to use it for your own personal, academic purposes only.
5.2
Restrictions. You may not copy, redistribute, resell, publish or share Apex’s resources, or strip or alter any notice on them, without Apex’s prior written consent.
5.3
Digital goods and refunds. To the extent permitted by law, digital resources are non-refundable once they have been accessed or downloaded. Nothing in this clause limits any right you have that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (“CPA”) or ECTA.
6Using Our Websites
6.1
When using our websites, you may not:
distribute any content from the websites without our prior consent;
use any automated means (such as crawlers, spiders or scrapers) to access or extract data from the websites;
frame the websites or any of their pages;
link to the websites other than to the homepage, or deep-link in a way that suggests you own our intellectual property; or
use the websites for any unlawful purpose, or in a way that damages, disables or impairs them.
6.2
Availability. Apex aims to keep its websites and services available, but availability may be affected by factors beyond its control. Apex may modify, suspend or discontinue any part of its websites or services, and will give notice where reasonable to do so.
7Intellectual Property
7.1
All intellectual property on or used in connection with Apex’s websites and services (including content, resources, trade marks, logos, designs and software) belongs to Apex or its licensors and remains their property. You acquire no rights in it except the limited licence in clause 5.
8Privacy And Recording
8.1
Apex processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and its Privacy Policy, which forms part of these terms and is available on our websites. The Privacy Policy explains what we collect, how we use it, how we protect children’s information, and your rights.
8.2
Online Lessons are recorded automatically through Apex’s Custom LMS. Recording consent, including the specific parental consent required for a minor, is dealt with in the Client Terms and the Privacy Policy.
9Payments
9.1
Where you pay for Services or resources, payment is handled as set out in the Client Terms. Local (Rand) payments are processed through Yoco and international payments through Peach Payments. Where a third-party payment provider is used, that provider’s terms also apply, and Apex is not responsible for fees or penalties charged by that provider.
10Limitation Of Liability
10.1
Apex does not guarantee any particular academic outcome. To the extent permitted by law, Apex is not liable for any indirect, incidental or consequential loss arising from the use of its websites or services. Nothing in these terms limits or excludes any liability that cannot lawfully be limited or excluded, including under the CPA or ECTA, for death or personal injury caused by negligence, or for harm to a child.
11Governing Law And Disputes
11.1
These terms are governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts. The parties will first try to resolve any dispute informally and in good faith before escalating it. Nothing in these terms prevents a consumer from exercising any right under the CPA, including approaching the National Consumer Commission, the National Consumer Tribunal, or a court with jurisdiction.
12Changes To These Terms
12.1
Apex may revise these terms from time to time on reasonable notice, by email or by a prominent notice on its websites. Continued use of the websites or services after the notice is treated as acceptance of the change. Please review the terms periodically.
13General
13.1
These terms, with the documents they incorporate, are the whole agreement between you and Apex on their subject matter. If any provision is invalid or unenforceable, it is severed and the rest remains in force. A failure to enforce a provision is not a waiver. These terms may be accepted electronically, and electronic communications and signatures are valid in terms of ECTA. These terms are intended to be in plain and understandable language as contemplated by section 22 of the CPA.
14How To Contact Us
14.1
Apex Academic Centre (Pty) Ltd, registration 2021/689399/07. Registered office: 346 Jan Smuts Avenue, Craighall, Johannesburg. Operating address: 55 Richards Drive, Halfway House, Midrand, 1685. Email: support@apexacademiccentre.co.za.