Terms and Conditions
Effective as of 1st July 2017
The Terms and Conditions of this Agreement govern your use of both your E Library library-card number and the E Library website. These Terms and Conditions are binding on- and enforceable against all persons that access the Website or any part thereof in terms of section 11(3) of the ECT Act.
If you do not agree to the terms and conditions of this Agreement, you must stop using your library card number and the Website with immediate effect, as further use will automatically bind you to this Agreement. If at any time you do not accept this Agreement in full, you are not permitted to use your library card number or the Website or any part thereof.
We may at any time amend this Agreement without notice. You are responsible for reviewing this Agreement on each occasion that you use your library card and/or this Website and after changes are made, you are deemed to have accepted the amended Agreement.
This Agreement is concluded by:
E Library (Pty) Ltd (Registration Number 2014/077054/07) whose registered office is at Unit 3, Central Office Park, 257 Jean Ave, CENTURION, 0157 (“e-Library”, “we” or “us”) and you, the person, utilising the library card number provided or the Website.
You and E Library agree as follows:
- “Agreement” means these terms and conditions of use, as published and amended from time to time on this Website;
- “Subscription Fee” means the fees payable by you in accordance with the fee schedule set out on the Website. (These fees may change from time to time. If there is an increase in the monthly fee, two calendar months’ notice will be given);
- “ECT Act” means the Electronic Communications and Transactions Act, 25 of 2002 (as amended from time to time), a copy of which is accessible on http://www.polity.org.za;
- “Intellectual Property” means any content, domain names, patent, trademark, service mark, copyright, moral right, right in a design, know-how, software, database, text, graphics, icons and hyperlinks and any other intellectual or industrial property, anywhere in the world whether or not registered;
- “Page” means a website page of E Library or the Website, unless specified otherwise;
- “Library Card” means the library card number provided to you that is used to access the library on the OverDrive platform.;
- “RIC Act” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002 (as amended from time to time), a copy of which is accessible on http://www.polity.org.za;
- “Library” means E Library on the OverDrive platform.
- “User Details” means the contact, personal and similar information of the Subscriber ; and
- “Website” means the website pages relating to E Library accessible at e-Library.co,.za (and such other URLs as may be publicised from time to time).
In this Agreement, technical expressions shall have the relevant meaning commonly attributed to them in the computer software business sector in South Africa; the use of the word “including” and similar expressions will be construed as illustrative and not exhaustive; notwithstanding the fact that hyperlinks in this Agreement to copyright notices and legislation should be deemed part of this Agreement in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational from time to time shall not play a role in determination of the validity and interpretation of this Agreement.
Subscription and use of E Library
2.1 E Library and the Website are only intended for private use, and is specifically limited to Home School families in South Africa. You warrant that you will only use the Library for private purposes.
2.2 We may require you to register before we supply any services via this Website. When you register, you agree to provide true, accurate, up-to-date and complete User Details as required by the relevant registration made available to you via this Website.
2.3 You can purchase a subscription to access and use your library card by following the relevant process on the Website. Should you subscribe to use the relevant Library card (whether prior to or after the expiry of any free trial period) you shall be bound for a minimum usage period of 3 months. Notice can be given in line with the Consumer Protection Act during this 3-month period by notifying e-Library at firstname.lastname@example.org.
2.4 Subscription fees and rates
2.4.1 In consideration for the license to use a library card granted hereunder, you will pay E-Library the annual or monthly Subscription Fees (depending on your payment option) which shall, for the sake of clarity, be payable in respect of each month/year from the date of subscription and you shall be liable in respect thereof regardless of the extent to which you have used your library card.
2.4.2 We have the right to revoke your license to use your library card should you fail to pay the agreed Subscription Fees within the time periods stipulated herein, in which event you will be unable to use your library card to access E Library.
2.4.3 In the event that you fail to pay the due Subscription Fees and as a consequence thereof your license to access the library is revoked, and, at a later stage you elect to reinstate your E Library subscription, you shall be liable for the following:
220.127.116.11 payment of the Subscription Fees for the period between the date on which you stopped paying the applicable Subscription Fees until the date on which your access was cancelled; and
18.104.22.168 the monthly/annual Subscription Fee for the ensuing periods from the date of reinstatement.
2.5 We will not keep a separate record of the contract relating to your specific subscription for E Library, so it will not be available from us. We therefore strongly recommend that you print a copy of this Agreement, both before and after you submit your payment details.
2.6 E Library grants you a non-exclusive and non-assignable licence to access and use the E Library website and library card issued to you in accordance with this Agreement.
2.7 For so long as you pay the Subscription Fee and any other applicable charges, you may utilise your library card to access E Library.
3.1 You agree to:
3.1.1 ensure that your User Details and other information given in relation to your use of your library card and the Website are and are maintained to be true and accurate;
3.1.2 use your library card and the Website for your own lawful private purpose, in accordance with this Agreement and any notice sent by E Library or condition posted on the Website;
3.1.3 ensure that all credentials required to access the library and the Website are kept secure and confidential and to immediately notify E Library of any unauthorised use of your account credentials or any other breach of security. In such instances it shall be your obligation to immediately reset your password and to maintain security;
3.1.4 notify usif, at any time, you become aware of any unauthorised use of the account credentials or any other security-related matter with E Library and the Website, and to co-operate with us to the extent reasonably necessary to rectify the security breach;
3.2 When accessing and using your library card or the Website, you must:
3.2.1 not attempt to undermine the security or integrity of our computing systems or networks or, where our Website is hosted by a third party, that third party’s computing systems and networks;
3.2.2 not use, or misuse your library card or the Website in any way which may impair the functionality of E Library or the Website, or impair the ability of any other user to use E Library or the Website;
3.2.3 not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which E Library or Website is hosted;
3.2.4 not modify, translate, or create derivative works based on the Website, nor reproduce, reverse assemble, decompile or reverse engineer the Website, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming or any files contained in or generated by the Website, nor shall you permit any third party to do so; and
3.2.5 not merge or combine the whole or any part of the Website with any other software or documentation without the prior written consent of E Library.
3.3 E Library’s obligations shall be to provide you with access to the E Library website and to provide you with a library card number (if applicable) to use to access the E Library Account on the OverDrive platform (which access may not necessarily be uninterrupted), including technical support by email as described on the Website.
Payment of Charges
4.1 Payment shall be made in accordance with the payment section on the Website.
Confidentiality, Privacy of Company Data and User Information and Interception of Communications
5.1 We undertake to take all reasonable steps to protect the personal information of users and to comply with all applicable legislation.
5.2 We may electronically collect, store and use, and utilise information you supply to us, and User Details as we request from you via the Website and usage of your library card number, and such other information as we may from time to time reasonably request. You warrant that this information is true and accurate.
5.3 You agree to our use, storage and disclosure of information, and User Details for the following purposes:
5.3.1 We will use your User Details, for exercising our rights and for performing our legal obligations under this Agreement. We may use it to contact you about our other relevant products and services, to conduct research about our subscribers, to provide you with information and to track and record the manner in which you use our website and your library card.
5.4 All other information not dealt with in this clause shall constitute Confidential Information and shall not be disclosed to any other party without the prior written consent of the owner of such information first being obtained.
5.5 Subject to the provisions of the RIC Act you agree to E Library’s right to intercept, block, filter, read, delete, disclose and use all communications which you send or post to the Website and E library and its employees. You acknowledge that this consent and your use of the Website satisfy the “writing” requirement as required in the RIC Act.
Intellectual Property Rights
6.1 All right, title, ownership, benefit and interest in and to, and all Intellectual Property on the Website, the design and content of the Website and any documentation relating thereto remain the property of E Library. All rights to Intellectual Property in respect of the Website are reserved. The exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of the Intellectual Property by any means and in any form, in whole or in part, and to make the Intellectual Property available to the public, and to distribute any copyright protected material on the Website shall remain with E Library.
6.2 You may not use the Intellectual Property and any third-party trademarks that appear on the Website, other than as permitted by express written licence from E Library or by law. In particular, you may not use the marks as meta-tags nor may you sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to E Library. You are required to notify us immediately if you become aware of any infringement of the Intellectual Property and rights thereto.
6.3 The Website may incorporate technical and other protective measures designed to prevent unauthorised and / or illegal access to the website or use of your library card number.
Disclaimers and Liabilities
7.1 We will use reasonable endeavours to ensure that the website will give the functionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the Website does not conform to this undertaking, you should notify us by email at email@example.com.
7.2 We do not warrant:
7.2.1 that the Website or access to the library will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, and server will be free from attack;
7.2.2 that all the information we provide on the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on the Website is correct and complete at the time of the last update to the relevant page;
7.2.3 that the Website or our library will meet your requirements and, for this purpose, it is specifically recorded that access to the website and the library is provided “as is” and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
7.3 Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, E Library (including its directors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss, damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the following:
7.3.1 access to the library or the Website;
7.3.2 access to websites linked (including hyperlinked) to the Website;
7.3.3 inability to access the Website or the library;
7.3.4 inability to access websites linked to the Website;
7.3.5 content available on the Website or library;
7.3.6 downloads and use of content on the Website or library;
7.3.7 any failure to perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
7.3.8 your breach of any of the terms of this Agreement;
7.3.9 use of the library or the Website other than in accordance with this Agreement; or
7.3.10 any other reason not directly related to E Library’s gross negligence.
7.4 To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
7.5 To the extent we are liable, our total liability (and that of any Affiliate, Business Partner or third-party Contractor) shall not exceed the amount of charges actually paid by you to access the library or the Website in the year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 has been calculated to be proportionate to the charges paid by you to access the library and takes into account the fact that it is not within our control how and for what purposes you use the library or our website.
8.1 We may terminate this Agreement at any time by written notice, effective immediately, if you:
8.1.1 materially breach any term of this Agreement and either that breach is incapable of remedy or you have not remedied that breach within 7 (seven) days after receiving written notice requiring you to remedy it; or
8.1.2 fail to pay when due any charges payable to us or stop paying for use of the library;
8.2 Upon termination of this Agreement however caused, we will stop your ability to access the library.
8.3 If we terminate this Agreement in accordance with clause 8.1 we may irretrievably delete your Data from the effective date of termination.
8.4 Any termination of this Agreement will not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force, or the continuance in force, of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after termination.
Notices and Address
If you subscribe to the library (including any applicable free trial period), the following terms and conditions shall apply to you.
9.1 Your communication with us must be by email to our email address contained on the Website.
9.2 Our communication with you shall be via those details provided on registration.
9.3 All legal notices given under this Agreement shall be in writing to the physical address of such party delivered by hand. Legal notices under this Agreement addressed specifically to either of us will be effective on actual receipt by the intended recipient.
10.1 You agree that you are bound to the terms and conditions of this Agreement, which is concluded in Pretoria, South Africa at the time you enter the Website for the first time or after you have accepted this Agreement as required on the Website.
10.2 This Agreement constitutes the entire agreement between you and E Library and supersedes all other documentation, information and other communication.
10.3 Any failure by E Library to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision.
10.4 In the event that any term or condition detailed herein is found to be unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions of this Agreement. The remaining terms and conditions shall remain enforceable and applicable.
10.5 The Website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use of the Website, its content, services and this Agreement.
10.6 We do not recommend or endorse any other entity, including any third parties. No third party is appointed or authorised by us as our servant or agent, nor has any authority, either express or implied, to amend this Agreement, or to enter into any contract, provide any representation, warranty or guarantee with or to you on our behalf, or otherwise make commitments for us in any way whatsoever. You agree that we will not be responsible for any act or omission of any third party.
Disclosures required by Section 43 of the ECT Act
Access to the services, content, software and content downloads available from the Website is classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter 7 of the ECT Act and E Library has the duty to disclose the following information:
11.1 Full name and legal status of website owner: E Library (Pty) Ltd.
11.2 Street Address: Unit 3, Central Office Park, 257 Jean Avenue, CENTURION, 0157, South Africa.
11.3 Postal address: Postnet Suite 470, Private Bag X132, CENTURION, 0046, South Africa.
11.4 Physical address for the receipt of legal notices: Unit 3, Central Office Park, 257 Jean Avenue, CENTURION, 0157, South Africa.
11.5 Official email address of the Website: firstname.lastname@example.org
11.6 The costs associated with the access and use of E Library is available from the Website.
11.7 Alternative Dispute Resolution: Subject to urgent and / or interim relief, all disputes regarding:
11.7.1 access to the Website;
11.7.2 the inability to access the Website;
11.7.3 the services and content available from the Website; or
11.7.4 this Agreement,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
11.8 Cooling off period:
11.8.1 No cooling off period will apply as envisaged by the ECT Act.