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.
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 email@example.com
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.
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.
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 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.
You agree not to:
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:
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.
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.
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, 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.
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:
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.
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.
|Enquiries:||email@example.com or +27 11 440-0520|
|Company name:||Top Dog Internet Sales (Pty) Ltd (Reg. No.: 2010/013984/07)|
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: