Terms and conditions
Agreement:
| 1. iKnow sells educational Products and Services which can be utilised in conjunction with private and independent services offered by third parties, such as Tutors. and which include but are not limited to. (hereinafter referred to as the “Products”). |
| 2. For the purposes of this agreement: |
| 2.1. “Tutor”: shall mean any individual or independent entity to use the Products in the performance of private tutor services to Learners; |
| 2.2. “Account Holder”: shall mean the person who has undertaken, both in this agreement and in the Order Form, to make payment of all amounts due to iKnow in respect of iKnow’s provision of the Products, and can also be the Legal Guardian as defined herein; |
| 2.3. “Order Form”: shall mean the Registration Form completed by the Guardian/Account Holder for the purposes of this agreement. The Registration Form is linked to, and read with, the provisions of this agreement; |
| 2.4. “Guardian”: shall mean (a) the parent or guardian of a Learner; or (b) the person who has legal custody of a Learner; or (c) the person that undertakes to perform the duties of a person who is referred to in (a) and (b); |
| 2.5. “Products”: Shall mean educational products and services, sold by iKnow, utilised in conjunction with private and independent services offered by third parties, such as Tutors, inter alia educational programmes, modules, study material & assessments; |
| 2.6. “iKnow”: iKnowthat (Pty) Ltd, a private company, incorporated in term of the Companies Act 71 of 2008, with registration number 2020/274162/07; |
| 2.7. “Learner” any individual or entity utilising the Products; |
| 3. The Guardian undertakes to ensure compliance with the requirements of the South African Schools Act, 84 of 1996 (as Amended) (“the Act”), in as far as same relates to the requirements applicable to the learner and in particular: |
| 3.1. In terms of Section 3 of the Act, it is every Legal Guardian’s responsibility to ensure that every Learner for whom he or she is responsible attends a school once they reach the appropriate age and as such is educated and trained; |
| 3.2. In terms of Section 51 of the Act, the Legal Guardian of a Learner, of compulsory school-going age and who does not attend a public or independent school, must apply to the Head of the applicable Department of Education to register such Learner(s) to receive education at home; and |
| 3.3. The education provided to the Learner will be of a standard not inferior to the standards provided by public schools; |
| 3.4. The Legal Guardian is also required to ensure that the Learner’s progress is assessed in accordance with the applicable laws regulating a Learner’s education; and |
| 3.5. The Legal Guardian will also be required to comply with all other reasonable conditions set out by the Head of the applicable Department of Education. These conditions may differ in each province. |
| 3.6. In the event that the Learner is not resident in the Republic of South Africa, the Legal Guardian hereby undertakes to abide by all relevant legislation and policy pertaining to the Learner’s educational requirements, as may be in effect from time to time in the Learner’s country of residence. |
| 4. The Guardian/Account Holder guarantees and undertakes that: |
| 4.1. The information provided in the Order Form is both true, correct and accurate, and this constitutes a material term of this agreement; |
| 4.2. iKnow reserve the right at all relevant times to request the original, alternatively certified copies of personal documentation to verify the identity and academic records of the parent, guardian, learner and/or account holder, eg. Identity cards/book, birth certificate, school reports and learner support material; |
| 5. Product will only be supplied and posted subsequent to receipt of payment in terms of this agreement, inclusive of courier costs. iKnow is herewith indemnified against all liability should the courier supplier fail to deliver any or all of the Products and assumes responsibility to receive the Products during working hours at the address provided. |
| 6. The Guardian/Account Holder is responsible for thoroughly checking and verifying the Products upon receipt from iKnow. If the content is incomplete or contains errors, the Guardian/Account Holder must inform iKnow accordingly in writing, within seven (7) calendar days from the date of receipt. If no notice is received from the Guardian/Account Holder within the seven (7) day period contemplated above, the Guardian/Account Holder shall be fully responsible and liable for all possible costs that may be incurred in resending Products. |
| 7. All iKnow Products remain the property of iKnow until such Products have been paid for in full. It is understood that iKnow is, in respect of the sale of the Products, only selling the right to utilise the intellectual property contained in any Product that it provides, and ownership of such intellectual property shall at all times remain vested in iKnow. It is specifically agreed that all rights whatsoever to intellectual property contained in iKnow’s Products, whether they are capable of registration or not, and including but not limited to iKnow name, trading name, educational programmes, study material, examinations, assignments, logo and/or image, remain the sole property of iKnow. The Guardian/Account Holder acknowledges and agrees that it will be liable for any damages incurred by iKnow, or alternatively a minimum amount of one hundred thousand Rand (R100 000.00) in the event that the Guardian/Account Holder copies, reproduces or distributes iKnow’s Products and/or lesson material, or allows any other person to do so when under his/her supervision. iKnow also reserves its right to pursue criminal charges against the Guardian/Account Holder in the event of such infringement. |
| 8. The Guardian/Account Holder acknowledges that he/she is fully responsible for all fees and costs with regard to the Products provided by iKnow and accepts the responsibility to pay the full fees and related administration costs on/before the prescribed dates. |
| 9. If the Guardian and the Account Holder differ, the Guardian and the Account Holder hereby undertake to be jointly and severally liable for the payment of all amounts that are, or will be, payable to iKnow. The Account Holder may not be changed until such time as all amounts owing to iKnow by the current Account Holder are paid in full. |
| 10. iKnow retains the right to cancel an order and/or to refuse to supply any Product, including but not limited to access to assessments, in the event: |
| 10.1. The Account Holder fails to make payment in terms of this agreement; or |
| 10.2. The Account Holder owes any money to iKnow in respect of a Learner’s previous order; or |
| 10.3. The Guardian/Account Holder is in breach of any terms and conditions of the agreement. |
| 11. The physical address and the email address (if any) that the Guardian/Account Holder supplies in the Order Form is his/her address for the purposes of delivery of legal notices or any communication with regard to this agreement. The Guardian/Account Holder undertakes to inform iKnow in writing email of any change of address. iKnow shall be entitled to affix notices to the physical premises in the event the recipient is not present and such affixing shall be sufficient Service. |
| 12. The Guardian/Account Holder hereby agrees that the law of the Republic of South Africa shall govern this agreement, and further agrees to the jurisdiction of the Magistrates’ Court and acknowledges that he/she will be liable for all legal costs, including costs on an attorney-and-client scale, if the amounts due for the Products and Services are not paid timeously according to the payment method chosen in the Registration Form. |
| 13. No variations or amendments to this agreement, or waiver of any rights or cancellation thereof will be valid unless placed in writing and signed by both the Guardian/Account Holder and iKnow, or its duly authorised representative. When interpreting this agreement, the terms of any valid amendment or variation shall prevail. |
| 14. No failure on the part of iKnow to enforce any provision of this agreement shall constitute a waiver of such provision or affect in any way iKnow’s right to require performance of any such provision at any time in the future. |
| 15. iKnow, its directors, employees, and service providers will not be responsible for any direct, indirect or consequential losses suffered by the Guardian/Account Holder or Learner, including death, injury of whatsoever nature, losses of profits or data and delays, whether on the basis of contract or delict, that arise from the use of iKnow‘s Products, when used as a home education product or via a Tutor or in any other manner whatsoever. |
| 16. In this agreement reference to one gender shall include the other gender, reference to a legal person shall include natural persons and trusts and vice versa, reference to the singular shall include the plural and vice versa. |
Cancellation and Returns Policy:
| At iKnow, we support your child’s learning journey and wish to see your child complete their academic year with iKnow. However, should you be desirous to return a product or cancel your registration, you may do so, subject to the terms as set out below. This Policy applies to the Products and Services offered by iKnow and does not apply to the services offered by the iKnow Online Platform. Take note that postponement of registration is not allowed and a new agreement must be entered into annually. The cancellation of products and services is final and signify termination of your agreement with iKnow. Future usage of iKnow’s Products and Services, will require de novo registration and agreement conclusion. This Policy forms part of the iKnow Terms and Conditions, and words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in manner. |
| 1. Products and package types: |
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1.1 Registration with iKnow |
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2. Cancellation of a learner’s registration: |
| 2.1. The cancellation process: |
| 1. Send an email to support@iKnow.co.za to request a cancellation. |
| 2. A consultant will email you the cancellation form(s). |
| 3. Complete the cancellation form(s) and send the completed documents to support@iKnow.co.za. |
| 4. If eligible for return, the material will be inspected by iKnow, and the cancellation request will be processed within seven (7) working days. |
| 5. A final statement will be sent to the account holder. |
| 6. All outstanding accounts must be settled. |
| 2.2. Cancellation terms, conditions, and fees: |
| The cancellation fee is dependent on the date on which the client received access to iKnow’s online platforms and/or lesson material either online or in physical format (whichever comes first). The cancellation fees are calculated based on either the subject(s) being cancelled or the full package fee, depending on the cancellation you require. This includes, but is not limited to, the books, e-books, online assessments, online lessons, and more, provided as part of iKnow’s products and services. The cancellation fee excludes all non-refundable items and fees as explained in point 4 of this policy. iKnow cannot accept partial returns. Should your cancellation be eligible for return, all products received must be returned in line with the terms and conditions of this policy. Partial returns will be rejected, and the cancellation policy applied in line with non-returns. |
| 2.2.1. Cancellation form received on/before 31 January of the current academic year. Access to e-books and online platforms will be revoked. Printed material must be returned undamaged and unused within seven (7) days after receiving confirmation from iKnow that the material is eligible for return. No partial returns will be accepted. Single subject changes/cancellations: Material unused and undamaged: Full refund (no cancellation fee). Material used and damaged: Cancellation fee of 40% payable on subject price. Full cancellation: Material unused and undamaged: Full refund (no cancellation fee). Material used and damaged: Cancellation fee of 40% payable on full package price. In the event of the online platforms being accessed or used in any manner or form, this will constitute used material. In such an instance, either the full cancellation of 40% will be applied (in cases where physical products are not returned), or a 10% administrative fee (based on the total package fee) will be levied for the online usage. |
| 2.2.2.1 Cancellations received before printed material is dispatched or access to online material is received by the client. Single subject changes/cancellations: Full refund (no cancellation fee). Full cancellation: Full refund (no cancellation fee). |
| 2.2.2.2 Cancellation received within seven (7) days after client has received access to the online platform(s) and/or lesson material. Access to e-books and online platforms will be revoked. Printed material must be returned undamaged and unused within seven (7) days after receiving confirmation from iKnow that the material is eligible for return. No partial returns will be accepted. Single subject changes/cancellations: Material unused and undamaged: Full refund (no cancellation fee). Material used and damaged: Cancellation fee of 40% payable on subject price. Full cancellation: Material unused and undamaged: Full refund (no cancellation fee). Material used and damaged: Cancellation fee of 40% payable on full package price. In the event of the online platforms being accessed or used in any manner or form, this will constitute used material. In such an instance, a 15% administrative fee (based on the total package fee) will be levied for the online usage. |
| 2.2.2.3 Cancellation form received within eight (8) to thirty (30) days after client has received access to the online platform(s) and/or printed lesson material. Access to e-books will be revoked. E-books are non-refundable. Access to online platforms will be revoked. Printed material must be returned undamaged and unused within seven (7) days after receiving confirmation from iKnow that the material is eligible for return. No partial returns will be accepted. Single subject changes/cancellations: Material unused and undamaged: Cancellation fee of 15% payable on subject price. Material used and damaged: Cancellation fee of 40% payable on subject price. Full cancellation: Material unused and undamaged: Cancellation fee of 15% payable on full package price. Material used and damaged: Cancellation fee of 40% payable on full package price. |
| 2.2.2 Cancellation form received between thirty (30) and ninety (90) days after the client has received access to the online platform(s) and/or printed lesson material. Access to e-books will be revoked. E-books are non-refundable. Access to online platforms will be revoked. The return of printed lesson material cannot be accepted. Single subject changes/cancellations: Cancellation fee of 60% payable on subject price. Non-refundable items are charged in full. Full cancellation: Cancellation fee of 60% payable on full package price. Non-refundable items are charged in full. |
| 2.2.3 Cancellation form received between ninety (90) and one hundred and twenty (120) days after the client has received access to the online platform(s) and/or printed lesson material. Access to e-books will be revoked. E-books are non-refundable. Access to online platforms will be revoked. The return of printed lesson material cannot be accepted. Single subject changes/cancellations: Cancellation fee of 75% payable on subject price. Non-refundable items are charged in full. Full cancellation: Cancellation fee of 75% payable on full package price. Non-refundable items are charged in full. |
| 2.2.4 Cancellation form received after either one hundred and twenty (120) days or after 1 July of the current academic year (whichever comes first). Access to e-books will be revoked. E-books are non-refundable. Access to online platforms will be revoked. The return of printed lesson material cannot be accepted. Single subject changes/cancellations: No refund applicable. 100% of the package price is charged. Full cancellation: No refund applicable. 100% of the package price is charged. |
| 3. Returning products: It is the client’s responsibility to return all products undamaged and in their original condition (unused), in their original packaging, within seven (7) days of receiving confirmation that the products may conditionally be returned in line with this policy. The cost of the return will be for the client’s own account. The package must be sent to the address provided by iKnow. No returns will be accepted prior to authorisation from iKnow. Should the return be rejected, the client may collect the rejected return from the address provided within seven (7) days of the rejection, either in person or via courier. iKnow will not be responsible for the return, the cost of the return, or any loss or damage related to the return. All items must be returned to qualify for the refund as described above. Please note the specific terms and conditions stipulated for returns and that all returns are subject to approval. |
| 4. Non-refundable items: |
| 4.1 Non-refundable items and fees: The following items and fees are non-refundable: The delivery fee (where applicable). E-books |
| 4.2 E-books: E-books cannot be returned, refunded, or replaced should your device not meet the minimum specifications. E-books cannot be returned, refunded, or replaced except where e-book links or e-books themselves are defective: Should you experience any problems in using the link to access, open, or read the e-book, or if the e-book is defective in some other way (missing pages, incorrect book), please report the problem to iKnow no later than one (1) month after the purchase of the e-book. iKnow will investigate the possible cause(s) of the problem and how to rectify it. We may need to liaise with our technical team and/or service providers to assess and rectify the problem, or issue you with a new link, or get a replacement e-book of the same title, whatever the case may be. If the e-book is defective, we will replace it (if such replacement is possible) or provide you with the printed version of the e-book, where possible. |
| 5. Products damaged during delivery or defective products received by the client: If any product is damaged or defective upon delivery, please notify iKnow in writing by sending an email to support@iknowthat.co.za within a maximum of seven (7) days of receipt of the product(s). The notification must include photos of the damaged stock. iKnow will endeavour to replace the product as soon as possible. In the case where a replacement is not possible, the product will be refunded. Third-party products might be subject to inspection by the third party. Failure to report damages and/or defects within seven (7) days will lead to the product(s) not being replaced. |
| 6. Incorrect or missing stock: If any product is not included in the delivery, please notify iKnow in writing by sending an email to orders@iknowthat.co.za within a maximum of seven (7) days of receipt of the product(s). The notification must include the delivery notification and clearly indicate the stock that has not been delivered. Further information might be requested, and it may be subject to investigation. Failure to report missing and/or incorrect product(s) within seven (7) days will lead to the product(s) not being replaced. |
| 7. Downgrade of lesson material (change from printed books to e-books): The downgrade of lesson material is considered a cancellation of the registration. The cancellation and returns policy as stipulated will be in effect from the date on which access to the material or printed books were received by the client. The registration will be cancelled, and the client will need to reregister for the package they wish to register for. iKnow’s sales team will be in contact to assist with the reregistration. |
