We may change these Terms from time to time. If we do, we will take all reasonable steps to let you know about any material changes, either by notifying you on the Site or by sending you an email. If you keep using Top Dog after a change, that means you accept the new terms.
2. Creating an Account
In order to use Top Dog’s services, you will need to register on the Site, choose an account name, and password. The information you provide must be accurate and complete. You may not impersonate anyone else, choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account. You must safeguard your password and supervise the use of your account. Every person must register their own account and you are not entitled to permit anyone other than you to use your account. We will assume that anyone using the site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. If you find out that someone has used your account without your permission, you should report it to firstname.lastname@example.org.
By registering and using the Site you confirm that you have the consent of your parent or legal guardian (where necessary) to register an account and to pay the subscription fee.
Your account will remain active indefinitely as long as you continue to pay the monthly subscription fee (i.e. as long as your debit order remains active). Should you wish to terminate your access to the Site you will need to cancel your debit order. In the event that you pay the subscription fee by way of credit card, your access to the Site and the products and services contained therein will cease until such time as you have loaded your new credit card details.
3. Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
- We have taken all reasonable steps to safeguard the privacy of information provided by you, but we do not make any representations or warranties that the information provided by you, whether personal information, or otherwise, is absolutely safe and secure.
- The information gathered through details submitted via the Site will not be used for anything other than that which is stated in these Terms. Such gathered personal information may be re-used and stored by us for a reasonable period and in order for the completion of any of our related services, including any marketing and advertising of products by ourselves.
- We may collect certain information about your visit, including but not limited to the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the website that linked you directly to the Site. This information is used amongst other things to help improve the Site, analyse trends, and administer the Site.
- We may further collect your progress and performance statistics for internal purposes and for reporting to the relevant educational institutions, if applicable.
- Other than in respect of personal information, if you provide information to us, you agree that such information is not confidential information and that we have unlimited rights to such information and that we may use such information for any purpose within our sole and absolute discretion.
- While using the Site, information about you may be either collected by us or provided by you, such as, without limitation, your name, surname, title, birth date, gender, country of residence, closest city, address, contact numbers, non-personal browsing habits and click patterns, email address and IP address. You consent to such collection of information.
- You agree that we may collate, process, use and store the information referred to above to greet you when you log onto the Site, inform you of facts relating to your access and use of the Site, provide you with periodic information regarding products, services, competitions, special offers and other of our marketing initiatives, our partners or affiliates (“Marketing Initiatives”), to communicate with you, and request information from you and to compile non-personal statistical information about browsing habits, click-patterns and access to the Site.
- If we sell our business or part of it, it will share the information about you which it has collected from your use of the Site, with the purchaser, who may then provide you with information about their products, services and marketing initiatives.
- You acknowledge and agree that by creating customer profile and uploading and sharing such customer profile, for example on websites dedicated to discussion forums, such information is not confidential.
- You hereby provide your consent that we are entitled to collect, maintain, save, compile, share, disclose any information collected from you, subject to the following provisions:
- we shall not disclose any personal information to anyone except as provided for in these Terms;
- we may compile, use and share any information that is not personal information for statistical and research purposes;
- we may disclose personal information to our employees and agents who require such information to carry out their duties or any activity incidental thereto; and
- we shall disclose personal information where the law requires it to disclose such personal information.
- In all other situations, we shall not disclose personal information without giving you prior notice thereof and an opportunity for you to consent thereto.
- Where disclosure has been made to any third party, we undertake to keep records of such third party disclosure and will ensure that all such third parties sign written agreements protecting the confidentiality of such personal information as provided for in the Protection of Personal Information Act 4 of 2013 (“POPI”).
- You agree and recognise that information provided may be susceptible to the provisions of the Regulation of Interception of Communications Act 70 of 2002. As such, we may possess the right to intercept, read, monitor, block, delete, and/or close the information provided to the Site.
- You agree that we may store your personal information in any country outside of South Africa where such country’s data privacy laws are equivalent or stricter than POPI (including the United States of America and the United Kingdom), or where we have concluded suitable agreements with third parties which comply with the relevant provisions of POPI allowing for the storage of personal information.
- Should you choose to provide us with personally identifiable information through the use of the Site, rest assured that any such information you have voluntarily provided will not be shared with any third-party organisation other than in accordance with these Terms or with your express consent. Should you wish to unsubscribe from our services please send an e-mail to email@example.com.
5. Terms of Sales and Services
Educational programs are displayed on the Site and are described in the most accurate way possible. However, Top Dog does not certify that the descriptions, images or any other content of the Site is accurate, complete, reliable and/or error free.
Prices of the programs are current at the time of display and are subject to change from time to time without notice.
If your payment is not received or declined we cannot hold orders against your account and your order will not be processed.
We accept payment may either be made via in the following ways:
- credit card;
- Electronic funds transfer (“EFT”)
- through payment aggregator (“MyGate”); or
- redemption of loyalty points (“Top Cash”).
Credit card transactions will be acquired for Top Dog via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
7. Rules for Online Conduct
You agree not to:
- access or attempt to access any part of the Site by any means other than through the interface provided by us.
- engage in any activity that interferes with, or disrupts, the Site or the servers and networks that host the Site. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site.
- the Site and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Please note further that deep-linking, embedding or using analogous technology is strictly prohibited.
- frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) belonging to us and our affiliates without our prior written consent.
- attempt to circumvent, disable or interfere with the security related features of the Site or features that prevent or restrict use of copying any content or enforce limitations on the use of the Site or content therein.
You agree to comply with all applicable laws, statutes, ordinances and regulations pertaining to your access to and/or use of the Site, the services, and/or use of your customer profile, or any part of these, and/or your posting of content and material (including text, files, images and photographs).
You may not yourself, or through a third party –
- use the Site for harmful, unlawful or illegal purposes, including, without limitation to:
- impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
- collect, harvest or otherwise obtain Personal Information, (including personal information as this term is defined in POPI), relating to other users;
- create, store and/or send unsolicited commercial communications; or conduct any fraudulent activity including any “pyramid scheme”, “ponzi scheme” or “chain letter”.
- use any customer profile in a manner so as to advertise or promote your or any third party’s products or services and/or impersonate another person;
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Site for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Site;
- collect service listings, descriptions or other information displayed on the Site;
- write and/or develop any derivative of the Site or any other software program based on the Site;
- adapt, modify or enhance the Site. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Site in breach of this clause, such adaptation(s), modification(s) and enhancement(s) hereby vest exclusively in us and you hereby assign all rights in and to, and waive any and all moral rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment we accept;
- without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Site by persons other than you;
- remove any identification, trade mark, copyright or other notices from the Site and/or any personalised item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to us will automatically be incorporated in all customer profiles;
- establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to the Site or any subsidiary pages;
- use the Site and/or any personalised item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programmes or other harmful programmes; and/or penetrate or attempt to penetrate the Site’s security measures.
8. Limitation of Our Liability
WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, AGENTS, CONSULTANTS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER ARISING (WHETHER IN AN ACTION ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE) RELATED TO THE ACCESS TO AND/OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE, ANY PERSONALISED ITEM AND/OR ANY LINKED WEBSITE, THE CONTENT THEREOF, ANY FUNCTIONALITY THEREOF OR INFORMATION CONTAINED THEREIN, EVEN IF WE KNOW OR SHOULD REASONABLY HAVE KNOWN OR ARE EXPRESSLY ADVISED THEREOF.
9. Things We May Do
- modify or withdraw, temporarily or permanently, the Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site; and/or
- Change these Terms from time to time with or without notice to you, and your continued use of the Site (or any part thereof) following such change shall be deemed to be your acceptance of such change.
- We will use all reasonable effort to maintain the Site and will provide services with due care and skill but do not warrant that the services provided may be without fault or disruption. The Site is subject to change from time to time. You will not be eligible for any compensation should your use of any part of the Site be affected in anyway and/or because of a failure, suspension or withdrawal of all or part of the Site due to circumstances beyond our control.
- We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, and/or the removal of any materials from the Site.
- Whilst we have taken reasonable measures to ensure the integrity of this Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Site are free of viruses, Trojans, time bombs, time-locks, phishing programmes or other harmful programs.
- We do not undertake to actively monitor the uploading, reproduction, display, use, distribution or sharing by a user of his/her profile, for example on websites dedicated to discussion forums and/or blogs, nor do we have control over material posted on such discussion forums and/or blogs.
- You acknowledge that because information is transmitted via the Internet, such information, irrespective of whether it constitutes personal information, may be susceptible to monitoring and interception. Accordingly, you are discouraged from transmitting to the Site any information that may be viewed as confidential and/or of a sensitive nature and you bear all the risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof.
- We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. You may not utilise the Site in any manner which may compromise the security of the Site in any manner whatsoever, which shall include without limitation, delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site, which is expressly prohibited.
10. Third Party Links
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and further accept that we do not endorse and are not responsible or liable in any way whatsoever, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including but without limitation to, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us and you assume all risk with respect to its use.
11. Intellectual Property
All content included on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trade mark and copyright law) as well as international copyright laws. The compilation of all content on the Site is our exclusive property and is protected by copyright law. All software used on the Site is our property or that of our software suppliers and is protected by copyright law. The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Site registered and unregistered Trademarks belong to us. Nothing contained on the Site, except as expressly stated in the Terms, shall be construed by you as the granting of any license or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content suppliers. You further acknowledge that we and/or our content suppliers are the proprietors of all the content and Trademarks on the Site, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
12. Forum Discussions
You are allowed to participate in forum discussions once you have registered. Content or material posted on the forum are exclusively licensed to Top Dog by the users to distribute, publish, store or deal with in any other manner as Top Dog deems fit and you waive all claim and moral rights attached to such content or material. Any content or material posted on the forums can be edited and/or removed by Top Dog at their sole and absolute discretion.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND FORUMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER TOP DOG, NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, SERVICE PROVIDERS OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE). YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY US, OUR AFFILIATED COMPANIES, ITS OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US FOR INFRINGEMENT OF ANY RIGHT, WHETHER THE CLAIM OR ACTION ARISES FROM DELICT OR CONTRACT, OR ANY INFRINGEMENT OF WHATSOEVER NATURE, ARISING OUT OF OR PURSUANT TO THE EXERCISE BY YOU OF YOUR RIGHTS OR THE FULFILMENT OR BREACH BY YOU OF ANY OF YOU OBLIGATIONS UNDER THESE TERMS OR ANY OTHER REQUIREMENTS THAT WE MAY IMPOSE FROM TIME TO TIME, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE SITE, AND SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION INSTITUTED AGAINST US.
YOUR USE OF THE SITE, THE EDUCATIONAL PRODUCTS AND SERVICES AND/OR YOUR CUSTOMER PROFILE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION WITH THE UPLOADING, REPRODUCTION, DISPLAY, USE, DISTRIBUTION OR SHARING BY YOU OF YOUR CUSTOMER PROFILE.
We grant you a limited license to access the Site, which is non- exclusive and non- transferrable. This license does not permit any of the following:
- resale or commercial use of the Site or its contents;
- collection and use of any product listings, descriptions, or prices;
- collection and use of the content for any use other your own personal use;
- derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or
- any use of data mining, robots, or similar data gathering and extraction tools.
Except as explicitly stated otherwise, any notices shall be sent by you by way of email to firstname.lastname@example.org. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose. You hereby agree that we shall use the email address provided by you are your address to receive all information, notices, documents and legal process. Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account or other content contained in your account. We will not be liable to you or any third party for doing so.
Jurisdiction and Choice of Law
These Terms shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South Gauteng High Court in the event of any dispute.
Notwithstanding that any provisions of this agreement be illegal or unenforceable, the remaining provisions of this agreement shall continue to be of full force and effect.
This agreement continues the whole agreement between the parties.
16. About Us
Official Company name: Top Dog Internet Sales (Pty) Ltd (Reg. No.: 2010/013984/07)
Top Dog Site Address: mytopdog.co.za
Postal address: —
Description of the main characteristics of the products or services offered by Top Dog:
'An online educational instruction offering a range of education, personal development and fun products for all ages including corporates, operating in South Africa through its site (“the Site”) and our users (“you, your”). Top Dog offers various products and services that include video lessons, interactive tests, mock papers, summaries, tutorials,, study guides, answering techniques,
Code of Conduct to which we subscribe and how that code of Conduct may be accessed electronically: