1 Introduction
Speakeasy Xhosa is an online learning system operated by South African
Languages SAL, under the internet domain www.speakeasyxhosa.co.za which
you can use to improve your knowledge of the Xhosa language in an easy
and efficient manner. Speakeasy Xhosa is available over your internet browser.
With your registration with Speakeasy Xhosa you (the “User”) agree to these general terms and conditions of business (“T&C”). By completing the registration you enter into a valid contract with South African Languages SAL. Please read these T&C carefully, as they make up the legal framework applying to the use of Speakeasy Xhosa.
Speakeasy Xhosa offers some free content and features, but it is not completely cost-free. Services that are only offered for payment are clearly detailed and marked on www.speakeasyxhosa.co.za. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However they are not charged without explicit warning to the User. The User will not be charged for limited, trial use, nor through registration. Speakeasy Xhosa exclusively addresses private individuals or final consumers, so that only they may be registered.
Please take a look at the details on data protection.
2 Scope, Definitions
The T&C apply to all non-commercial Users of Speakeasy Xhosa. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if agreed between the parties and drawn up in writing. The T&C apply both to free services and services against payment provided by Speakeasy Xhosa.
3 Registration and Conclusion of the Contract
3.1 Each User may only register once. The User is obligated to provide complete and truthful information in the sections provided on the registration form. The User agrees to the publication of its User name, its profile information including but not limited to language combinations, SpeakeasyXhosa-Score, online status and date of registration as well as additional information voluntarily provided, including the profile image. The email address will not be published.
3.2 The contract between the User and South African Languages SAL regarding the use of Speakeasy Xhosa is concluded when the User completes and sends the registration form by clicking the respective order button and the User will also be asked to accept the T&C.
3.3 After registration, South African Languages SAL will send the User an automatic confirmation by email. The email contains a hyperlink via which the User can verify that the email address stated is correct. The User undertakes to provide that verification. Until verification is not provided, South African Languages SAL may restrict or prevent access to Speakeasy Xhosa at any time.
3.4 If prices are quoted at Speakeasy Xhosa, they are including all forms of Tax. SpeakeasyXhosa is not a VAT vendor at this time.
4 Free Use of the Basic Functions of Speakeasy Xhosa (Basic Contract)
4.1 Application and registration are free of charge to the User. The use of indicated trial functions at Speakeasy Xhosa is free.
4.2 The contract for using the basic functions (basic contract) of Speakeasy Xhosa is concluded for an unlimited period and may be terminated without notice by either party at any time unless a premium contract with subscription term was concluded. To terminate the contract, the user has to click the “Delete user account” button under the “Profile/settings” menu. After that, the user receives an email with a link the user must click in order to make the cancellation of the registration effective. If the user has a premium contract with a subscription term, the premium contract must first be terminated according to the regulations specified in No. 6 of these terms and conditions. The basic contract can then be terminated after the end of the subscription term in the manner described above.
4.3 The User account will be deleted upon termination of the basic contract. After termination of the agreement, the User cannot claim the release or return of contents that it has posted.
4.4 Fees will be charged for full access to content and functions such as xhosa courses if this is indicated and the User orders or books them.
5 Services and Products Subject to Fees (Premium Contracts)
South African Languages SAL offers services and products for a charge
at Speakeasy Xhosa (“Premium Contracts”).
6 Billing types, Cancellation, Renewal
6.1 Premium Contracts are available according to current offers as subscription or one-off purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the “Purchase” button.
6.2 Premium Contracts with subscriptions are concluded for the time specified in the individual order. The remuneration or the invoice amount for the subscription term is payable on conclusion of the contract. After each subscription term, the contract renews itself automatically according to the term agreed upon (e.g. 3, 6 or 12 months), unless the User cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal.
6.3 Premium Contracts with “one-off purchase” can be signalled limited or unlimited. As long as they are indicated to be limited, these are for a given period and terminate without needing to be cancelled.
6.4 Premium contracts with a subscription term that were concluded via www.speakeasyxhosa.co.za can be terminated by email to cancellation@speakeasyxhosa.co.za. Detailed instructions are provided on the following page under “How can I cancel a subscription”: https://www.speakeasyxhosa.co.za/faq.html. If the user terminates a basic contract contrary to No. 4.2 before terminating the premium contract with subscription term, Speakeasy Xhosa will become unusable. However, the subscription term is not terminated, and further costs may be incurred if the subscription term is not terminated separately, even though the subscribed courses can no longer be accessed due to the termination of the basic contract. The user is not entitled to any refund of usage fees.
6.5 Premium contracts with subscription term that were concluded via the Apple App Store or the Google Play Store have to be terminated via the Apple App Store or the Google Play Store for technical reasons. Termination must occur no later than 48 hours before the extension of the subscription. Detailed instructions are provided on the following page under “How can I cancel a subscription: https://www.speakeasyxhosa.co.za/faq.html If the user terminates a basic contract contrary to No. 4.2 before terminating the premium contract with subscription term, Speakeasy Xhosa will become unusable. However, the subscription term is not terminated, and further costs may be incurred if the subscription term is not terminated separately, even though the subscribed courses can no longer be accessed due to the termination of the basic contract. The user is not entitled to any refund of usage fees.
6.6 The right to termination due to cause remains intact.
6.7 South African Languages SAL has the right to cancel Premium Contracts at any time without giving reasons with the termination taking effect at the end of the respective term. Basic functions may be terminated at any time.
7 “Money-back Guarantee” for Premium Contracts
7.1 The User is entitled to terminate a premium contract at any time with
immediate effect. If the User terminates a premium contract within the
first 7 days after concluding the contract, the usage fee paid will be
repaid completely less the refund fee charged by payment processor and
bank. This does not apply for renewals of Premium Services.
8 Payment Methods
8.1 Usage fees for premium services are payable in advance.
8.2 The User may effect payment by using one of the payment methods specified such as credit card, direct debit, bank transfer etc.
8.3 When the User achieves access using a voucher code or a course pass, they will have access to the relevant premium service for a limited time. There therefore is no further charge and no corresponding bill. The length of this time depends upon what is specified by the code or pass.
8.4 Billing takes place digitally, a paper billing will not occur. The invoices will be accessible on the website and can be found at http://account.speakeasyxhosa.co.za/ and can be viewed at any time.
9 Content and Accessibility of the Language Portal and Liability
9.1 South African Languages SAL strives to ensure that the language portal
functions properly at all times. However, South African Languages SAL does
not guarantee uninterrupted access.
9.2 For providing its service, South African Languages SAL uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by South African Languages SAL, the User must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by South African Languages SAL.
9.3 Claims for damage on the part of the User are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of South African Languages SAL, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
9.4 In the event of infringement of essential contractual obligations, South African Languages SAL shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health.
9.5 The restrictions as set forth under Sections 9.3 and 9.4 shall also apply to the benefit of South African Languages SAL’s legal representatives and vicarious agents if claims are asserted against them directly.
10 Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names
Unless content is expressly labelled as creative commons all texts, images
and other works created by South African Languages SAL and distributed
within the context of the language portal are protected by copyright and
any use outside of the language portal requires South African Languages
SAL’s prior approval.
11 User Generated Content
11.1 Through the interactive use of Speakeasy Xhosa, South African Languages SAL offers each User the opportunity to transfer self-generated contents (such as images, translations or texts) to South African Languages SAL and to post them at Speakeasy Xhosa so that they may be accessible to the public.
11.2 The User hereby grants South African Languages SAL a perpetual, worldwide, non-exclusive, free and transferable right to make such content available to the public and to modify it in and to all content, like vocabulary listings, manuals, advises transferred to and published on Speakeasy Xhosa.
11.3 South African Languages SAL may at anytime remove or delete any content published by the User in its own discretion.
11.4 Being of age and proper registration via a User account is a prerequisite for posting contents. All contents transferred and, if applicable, posted by Users can be traced back to the self-chosen User name.
11.5 The User accepts that the opportunity to post contents is only granted for personal, non- commercial use. Therefore, the User is not entitled to post such content with which it intends to pursue commercial interests, in particular advertising.
11.6 The User itself shall ensure that its registration information cannot be misused by third parties. In this context the User is particularly obligated to block all third-party access to its registration information. At the consequence of being held personally liable, the User is also responsible for ensuring that the contents it has posted at South African Languages SAL are free from viruses, worms, Trojans or other programs that could jeopardise or impair the operability or the existence of the language portal or the websites of other Users.
11.7 The User warrants that the content transferred by the User does not infringe on any third party’s intellectual property rights and that the content can be used in accordance with Section 11.2. This includes any moral rights of any people pictured, mentioned or else referred to in the content.
11.8 South African Languages SAL reserves the right to exclude the User from its offer or to limit the User option to publish content if this agreement is breached. Furthermore, the User warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor – in addition – are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals.
11.9 The rights granted to South African Languages SAL by the User and the preceding warranties and releases shall not expire upon termination of the User relationship.
12 Final Provisions
12.1 Agreements between South African Languages SAL and the User shall
be subject to the laws of the Republic of South Africa.
12.2 The Parties agree to exclude those provisions of the South African international civil law, that may cause the exclusive application of any other jurisdiction.
12.3 The Parties agree on the exclusive jurisdiction of the courts at the place of business of South African Languages SAL, if the User does not have a residence in Germany.
12.4 Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
12.5 South African Languages SAL reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by South African Languages SAL, changes of Speakeasy Xhosa or upon legal changes or changes due to technical requirements. This includes South African Languages SAL offering new services. The modified T&C shall be sent to the User in advance by email. If the User does not object to the modified T&C within a period of six weeks, they are deemed to be accepted. If the User objects, South African Languages SAL may close the User’s account and receive a refund for any the rest of the respective term. South African Languages SAL shall separately point out these legal consequences in the email with the modified T&C.
13 Additional Provisions Applicable for Residents of the United States of America
13.1 If the User is a resident of the United States of America the provisions
of this Section 14 shall be applicable in addition to the provisions above
or where in conflict with the provisions above, the User may choose which
provisions shall be applicable.
13.2 Registration and Conclusion of the Contract
The following addition provisions shall apply:
3.5 The User agrees and acknowledges that the User will never access or use another person’s account without permission.
3.6 The User agrees and acknowledges that the User will not transfer their account to another person or entity without South African Languages SAL’s prior written approval.
3.7 [Reserved]
3.8 If the User selects a Username or similar identifier for their account, South African Languages SAL reserves the right to remove or reclaim it if South African Languages SAL, in its sole discretion, believes it is inappropriate or violates the rights of a third party (including, but not limited to any applicable trademarks).
13.3 Content and Accessibility of the Language Portal and Liability
The following shall replace and supersede Section 9 of the T&C:
9.1 [Reserved]
9.2 [Reserved]
9.3 For providing its service, South African Languages SAL uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by South African Languages SAL, the User must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by South African Languages SAL. The User is solely liable for any loss or damage incurred by the User, South African Languages SAL or any third party caused by the User’s failure to use up-to-date technologies when accessing Speakeasy Xhosa.
9.4 [Reserved]
9.5 The content on Speakeasy Xhosa (excluding User Generated Content as defined below) and the trademarks, service marks and logos on Speakeasy Xhosa are owned or licensed to South African Languages SAL, subject to copyright and other intellectual property rights under the law.
9.6 The User agrees (a) not to modify any part of Speakeasy Xhosa, except with the express and prior written consent of South African Languages SAL; (b) not to download or copy any account information for the benefit of any other party; (c) not to collect or make any use of any product listings, descriptions or prices; not to resell or make any commercial use of Speakeasy Xhosa or its contents; not to reproduce, duplicate, copy, sell, resell or otherwise exploit Speakeasy Xhosa for any commercial purpose without express written consent of South African Languages SAL; not to use any meta tags or any other “hidden tag” utilizing the Speakeasy Xhosa name or any South African Languages SAL trademarks without the express written consent of South African Languages SAL.
9.7 The User agrees not to circumvent, disable or otherwise interfere with security-related features of Speakeasy Xhosa or any associated websites and/or tablet and/or mobile applications or features that prevent or restrict use or copying of any content or enforce limitations on Speakeasy Xhosa’s use.
9.8 The User agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Speakeasy Xhosa in a manner that sends more request messages to the Speakeasy Xhosa and/or South African Languages SAL servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, South African Languages SAL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. South African Languages SAL reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from Speakeasy Xhosa, nor to use the communication systems provided by Speakeasy Xhosa (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any Speakeasy Xhosa Users with respect to their content. In all use of Speakeasy Xhosa and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.
13.4 Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names
The following additional provisions shall apply:
If the User is a copyright owner or an agent thereof, is located within the United States and its territories, and believes that any content on Speakeasy Xhosa infringes upon the User’s copyrights, the User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing South African Languages SAL’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit South African Languages SAL to contact the User, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
South African Languages SAL‘s designated Copyright Agent to receive notifications of claimed infringement is mentioned in the imprint. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to South African Languages SAL customer service at:
info@speakeasyxhosa.co.za
.
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