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PRIVACY POLICY, T&C'S

Toptots Early Learning SA cc 1999/963554/23

Website Usage & Privacy Policy: Terms and Conditions: https://www.toptots.co.za

Terms and Conditions

Effective date: September 04, 2018

 

Terms and Conditions

 

  1. Definitions
  2. Service conditions and delivery
  3. Hyperlinks, framing, spiders and crawlers
  4. Intellectual Property and restrictions on use
  5. Access and availability of service and links
  6. Submissions / bulletin boards
  7. Rules of conduct for the visitor and customer
  8. Damages, warranty, indemnity
  9. General
  10. Agreement to and termination of agreement
  11. Electronic Communication Legal Notice
  12. Conditions of use and access
  13. Suspension of accounts
  14. General
  15. Privacy Statement
  16. Contact Us

 

  1. Definitions

“Browser” means a computer program which allows a person to surf the internet and access websites;

“Content” means, included but not limited to, software and material;

“Customer” means a visitor who transacts with TOPTOTS via the TOPTOTS website;

“Data” means electronic and manual representations of information in any form;

“Discontinue service” means the withdrawal of the offering or functionality of a service in part or in total;

“ECT” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

“Fee” means a fee which is indicated on the TOPTOTS website.

“Forums” means, including but not limited to, bulletin boards, chat rooms and other public areas found on the TOPTOTS website;

“Internet use” means both external clients and internal officials who have access and use internet facilities;

“Material” means, including but not limited to, text, submissions, images, audio and/or video in whole or in part;

“Office hours” means period between 08:00 and 13:30 from Monday to Friday, excluding public holidays, weekends and TOPTOTS recess periods;

“Privacy statement” indicates how TOPTOTS will respect the privacy of its website users;

“Signature” means any traditional or electronic signature authorized by TOPTOTS in terms of the Companies Act, 71 of 2008 which include but is not limited to, Customer code login;

“Software” means, including but not limited to, any images or files incorporated in or generated by the software or data accompanying such software;

“submissions” means, including but not limited to, notes, images, creative materials, ideas, suggestions, concepts, communication, documents, applications or forms including any data, questions, comments and other information submitted via any of TOPTOTS authorized channels including but not limited to its website via transmission by electronic mail, electronic data or otherwise; and

“Visitor” means a person who uses and/or accesses computer software and/or material via any of the TOPTOTS channels including but not limited to is website.

 

  1. Service conditions and delivery

(1) Service is available anywhere in the world

(2) TOPTOTS strives to make the TOPTOTS website available at all times, but there are eventualities beyond TOPTOTS’ control which has an impact on the availability of the website.

(3) TOPTOTS services provided through partners like Franchisees are dependent on the availability of such partner(s).

(4) Disclosures and submissions requiring no intervention from TOPTOTS officials can be requested or submitted at any time when the relevant TOPTOTS channel (e.g. a Franchisee, a Facebook Page, etc.) is available.

(5) Submissions or requests that require intervention by TOPTOTS Officials may also be submitted at any time that the relevant TOPTOTS channel is available, but internal processing will only be performed during office hours.

(6) The delivery mechanism and delivery events are as follow:

(a) Online disclosure:

  1. Disclosures are done online and can send an email copy to the customer’s email address, (if supplied), as an option.
  2. The service is considered rendered when the disclosure report has been successfully written to the customer’s browser.

(b) Electronic submission of forms:

TOPTOTS will attempt to send an email containing the result of an electronically submitted document or form (in the format of a letter) to the customer if a valid email address is available on the system.

(7) TOPTOTS reserves the right to:–

(a) Introduce new services;

(b) Discontinue services;

(c) Restrict services rendered over the Internet to selected customers or selected groups of customers; and

(d) Refrain from making certain services available on the Internet at its sole discretion without prior notice to a visitor or customer.

(8) When requesting services, TOPTOTS reserves the right to refuse the customer access to a specific service if the customer does not have a mandate and/or is not properly registered at TOPTOTS to perform the action.

(9) TOPTOTS reserves the right to amend its definition of a properly registered mandate and to apply different criteria in deriving, determining or establishing the mandate, depending on the type of service requested.

 

  1. Hyperlinks, framing, spiders and crawlers

(1) No person, business or website may –

(a) Link to any page on this site without the prior written permission of TOPTOTS;

(b) Frame this site or any of the pages on this site in any way whatsoever; or

(c) Use any technology to search and gain any information from this site without the prior written permission of TOPTOTS.

 

  1. Intellectual Property and restrictions on use

(1) The TOPTOTS website consists of content which is derived entirely or in part from content supplied by TOPTOTS.

(2) The content referred to in subparagraph (1) is protected under applicable South African Intellectual Property Acts, Regulations and International Treaties and Conventions.

(3) A visitor or customer may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material.

(4) Any information, content or material on TOPTOTS website and/or channels can be used, transmitted or distributed for private or personal purposes.

(5) Notwithstanding subparagraph (4), the use of information, content or material from TOPTOTS website or channels for business and/or commercial purposes must be used and/or distributed only if such use, transmission and/or distribution is part of the service provision to client(s), and use, distribution and/or transmission of such information, content and/or material must be limited to that specified client(s).

(6) Requests for permission regarding use of any contents which fall within the ambit of the limitations stated above can be made by contacting TOPTOTS in writing by email addressed to Toptots Head Office at info@toptots.co.za

(7) A visitor or customer is also strictly prohibited from creating works and/or software materials derived from or which are based on the contents found on this site.

(8) The prohibition referred to in subparagraph (6) applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

(9) The website contains material which is owned by or licensed to TOPTOTS. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics. Reproduction is prohibited in terms of the South African copyright and trade mark laws, international trade marks and copyright laws and conventions.

(10) All trademarks reproduced on the TOPTOTS website, which are not the property of, or licensed to TOPTOTS, are acknowledged accordingly.

 

  1. Access and availability of service and links

(1) TOPTOTS contains links to other related Internet sites.

(2) No inference or representation can be made implying that TOPTOTS is connected with, operates or controls those linked websites.

(3) Whether or not those linked sites are in fact affiliated with TOPTOTS, TOPTOTS is not responsible for the content on the aforesaid sites.

(4) The linked sites are for a visitor or customer’s convenience only and such visitor or customer’s access thereto is at his/her own risk.

(5) When visiting linked sites, a visitor or customer must refer to that linked site’s individual terms of use and cannot rely on the terms of this agreement.

 

  1. Submissions / bulletin boards

(1) Any submission shall be deemed to be and remain the exclusive property of TOPTOTS, and all visitors and customers agree to this stipulation.

(2) The contents found in various forums held on the TOPTOTS website, shall be deemed to remain the exclusive property of TOPTOTS.

(3) TOPTOTS has the right, but not the obligation to monitor and review submissions submitted by visitors or customers in the forums.

(4) TOPTOTS shall not be responsible for any of the content of those forums.

(5) TOPTOTS further reserves the right to delete, move or edit submissions that, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trade Mark laws or otherwise objectionable.

 

  1. Rules of conduct for the visitor and customer

(1) A visitor or customer with the inclusion, but not the limitation, of the definition, agrees that he/she will not transmit submissions to the TOPTOTS website that –

(a) Use any of the forums for illegal purposes;

(b) Are for spamming and/or malicious intent;

(c) Restrict or inhibit any other visitor or customer from using and enjoying the forums;

(d) are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;

(e) Violate any Intellectual Property rights of any other person by the submission of the content to TOPTOTS website through the forums or other avenues, which allow for such submissions. A visitor or customer by the transmission of content in any manner whatsoever, represents to TOPTOTS that they are the rightful owner of such content transmitted or that the visitor or customer has obtained permission from the rightful owners to submit such content transmitted;

(f) Contain viruses or other harmful content; or

(g) Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

(2) A visitor or customer agrees that he/she shall be solely liable for any damage resulting from any infringement of Copyrights, Trade Marks and other proprietary rights or any other damages resulting from such a submission.

(3) A visitor or customer further indemnifies and holds TOPTOTS harmless against all claims for any damages whatsoever arising from the use of the TOPTOTS    website.

(4) It is a criminal offence in terms of the Companies Act, 71 of 2008 to submit any information that is misleading or has the intention to defraud TOPTOTS or any other person.

(5) Customers who use services of TOPTOTS may be held liable for the information and content submitted by them on behalf of themselves or their clients and can therefore be held criminally liable by the TOPTOTS if the information or content is found to be misleading, fraudulent or has the intention to cause harm to others.

 

  1. Damages, warranty, indemnity

(1) A visitor or customer expressly agrees that the use of the TOPTOTS website or channel is at his/her sole risk.

(2) TOPTOTS does not guarantee or warrant that:-

(a) The TOPTOTS website will be uninterrupted;

(b) The TOPTOTS website and/or its content will be default free and that the defects will be corrected;

(c) Provisions stated within any Act, will get preference above any content as reflected on the TOPTOTS website;

(d) The information, content or material on TOPTOTS website and channels is accurate, and free of errors;

(e) The servers that make the content available are free from viruses and other harmful content; or

(f) Any merchandise provided through the TOPTOTS website.

(3) The TOPTOTS website is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.

(4) Neither TOPTOTS nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this website. A customer using the TOPTOTS website acknowledges that such information and materials may contain inaccuracies or errors and therefore expressly exclude liability for any such inaccuracies or errors.

(5) A visitor or customer acknowledges and confirms TOPTOTS indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use TOPTOTS sites.

(6) A visitor or customer acknowledges that the provisions of this paragraph shall apply to all the contents of the TOPTOTS website.

(7) The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action.

(8) If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

  1. General

(1) This agreement, the terms, conditions and operating rules for the TOPTOTS website, constitute the entire agreement between the parties with respect to the subject matter hereof.

(2) The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

(3) Any dispute arising from these terms and conditions shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa.

(4) The paragraph headings used herein are for convenience only and shall be of no legal consequence.

(5) TOPTOTS may at any time revise these terms and conditions by updating the postings.

(6) A visitor or customer is bound by such revisions and should therefore periodically visit this agreement to review the current terms and conditions to which he/she is bound.

(7) TOPTOTS shall have the exclusive right to change or discontinue any aspect or feature of the TOPTOTS website without prior notice to the visitor or customer.

 

  1. Agreement to and termination of agreement

(1) The use of or access to the TOPTOTS website and/or channels constitutes a visitor or customer’s acceptance of terms and conditions hereof, which together with TOPTOTS’s Privacy Policy, are binding on such visitor or customer and takes effect on a date which such visitor or customer first makes use of, or access to the TOPTOTS channel or when clicking on the button confirming that he/she has read the terms and conditions before logging into any channel.

(2) If a visitor or customer does not accept all the terms and conditions in full, such visitor or customer must exit the site immediately and not make use of the website.

(3) TOPTOTS has the exclusive discretion to terminate the agreement at any time.

(4) After a visitor or customer has exited the site as aforesaid such visitor or customer must destroy all content, whether materials or software, obtained from the site and all copies thereof.

(5) In the event of a visitor or customer failing to exit the site as aforesaid TOPTOTS has the right to claim any indirect, direct, incidental, special or punitive damages caused to TOPTOTS from such visitor’s or customer’s unauthorized access and/or use of the TOPTOTS website.

(6) A visitor or customer indemnifies TOPTOTS against any claims for damages of whatsoever nature caused to another party by such visitor or customer unauthorized use and/or access of the sites.

 

  1. Electronic Communication Legal Notice

(1) This email including attachments, is confidential, may be privileged and is intended solely for the use of the addressee. If you are not the intended recipient do not disclose, distribute or retain it, and please notify the sender immediately and then delete this email. Email is not necessarily secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. It is your responsibility to ensure that emails are virus free. No one may conclude a contract on behalf of the TOPTOTS via email without express written confirmation by a duly authorized representative of TOPTOTS.

TOPTOTS accepts no responsibility for any loss or damages arising in any way from the use of this email as a means of communication. Views and opinions expressed in this email are those of the sender unless clearly stated otherwise.

 

  1. Conditions of use and access

(1) In order to make use of TOPTOTS services, a person must register as a customer using the “Customer Registration” facility on the TOPTOTS website.

(2) A customer must ensure that all the details provided by him/her for his/her registration are true and correct at all times as TOPTOTS shall not be liable for any expenses, costs or damages incurred as a result of incorrect details. These requirements may change from time to time and it is the responsibility of the customer to regularly update his/her own customer information.

(3) A customer is responsible for securing his/her customer login password and such customer login password may not be disclosed to unauthorized persons, as such customer will be held responsible for all transactions performed with his/her login and password. In cases where TOPTOTS officials assist a customer in creating the login and password details, customers need to ensure that they keep record of that information.

(4) A customer must immediately notify TOPTOTS in writing of any unauthorized use of his/her password or of any other breach of security.

(5) When a person registers as a customer, he/she consents to receiving communications from TOPTOTS electronically.

 

  1. Suspension of accounts

(1) TOPTOTS reserves the right to suspend any TOPTOTS customer account if it suspects any corrupt, illegal or fraudulent activity is linked to that TOPTOTS account.

(2) TOPTOTS reserves the right to investigate any suspected corrupt, illegal or fraudulent activity in relation to a customer account, without prior notice and keep such TOPTOTS customer account suspended until the investigation is finalized.

(3) A customer whose account has been suspended has the right to make representations to TOPTOTS, requesting reasons for such suspension of the account and to also provide proof and or reasons for the legitimacy of any suspected illegal, corrupt or fraudulent activity.

(4) TOPTOTS will reactivate a suspended TOPTOTS customer account only once it has been satisfied that no corrupt, illegal or fraudulent activity is linked to that customer account.

(5) TOPTOTS reserves the right to verify any TOPTOTS customer account before reactivating such account.

 

  1. General

(1) A customer may at any time inquire on the progress of his/her request by contacting the TOPTOTS Customer Contact Centre (email: info@toptots.co.za.)

(2) If a customer is dissatisfied with the service rendered/not rendered by TOPTOTS, he/she may lodge a complaint by email with the TOPTOTS Customer Contact Centre who will forward such complaint to the business unit concerned within TOPTOTS.

(3) A customer referred to in subparagraph (2) must lodge such a complaint within 14 (fourteen) working days of receiving notice from TOPTOTS that such service was rendered unsatisfactorily or not rendered at all.

 

  1. Privacy Statement

Toptots has a Privacy Statements the key principles of which are summarized as follows (copies of the Toptots Privacy Statement may be obtained on request by email to info@toptots.co.za.)

TOPTOTS is committed to protecting the privacy of our customers’ personal information. This policy explains how we gather and use the information that we collect from TOPTOTS website located at www.toptots.co.za or any other channel. This policy may change over time. Amendments to this statement will be posted at this URL and will be effective on the date and time it was posted. Your continued use of this site following the posting of any amendment to this Policy shall constitute your acceptance thereof.

Information Collected

As you navigate within our website, we will be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or email address) or by using data-tracking software which records your IP address and tells us what parts of the website you have browsed.

Use of Information

  1. This information is used to enhance your site experience, or to apply special benefits. Your personal information will not be sold to third parties for email marketing or telemarketing campaigns.
  2. The information may be used by TOPTOTS or designated site partners to send you information that we think will be useful to you.
  3. Due to the technology behind the TOPTOTS site, your personal information may also be shared with designated site partners in order to reduce the number of registrations you need to make on the TOPTOTS site. This is an effort to make use of the www.toptots.co.za site more convenient for you.
  4. You may opt-out of receiving future mailings from TOPTOTS and other entities by following the instructions set forth in the opt-out section below.
  5. Personal information about you, whether obtained through collection or tracking, may be used to contact you again either by online electronic communication (such as email), or by regular mail or telephone. We will also be collecting and tracking information about activities on our website on an aggregate (i.e., group basis). We will not know or keep track of precisely who you are as you use the site. The data is used to track what areas of the site are most frequently used to help us improve the site in the future. When we share such information with other companies, it is not traceable to any particular user and will not be used to contact you again.
  6. Non-personal demographic and profile data is used to tailor your experience on our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.
  7. We may share your information (as described above) with our business partners to provide you with products or services that you have requested or to provide you with promotional offers that we believe will be of interest to you. Our business partners include all of our affiliated companies as well as other selected businesses with which we have a relationship and which have agreed to adhere to our strict standards for providing quality products and services, responding to your needs, and protecting customer information. We may also employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance (including direct and targeted marketing), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but cannot use it for other purposes.
  8. In certain circumstances, we may share your customer information with trusted service providers that need access to your information to provide operational or other support services. We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.

Use of IP Address

We may use your IP Address to help diagnose problems with our server, and to administer our website.

Use of Cookies

When you view our website we might store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a website as easily as possible. We use cookies for remembering user names, to identify users and their preferences, tracking click streams and for load balancing. Because of our use of cookies, we can deliver faster service, consistent, updated results and a more personalized site experience. You have the option of setting your browser to reject cookies. However, doing this will hinder performance and negatively impact your experience on our site.

Children

We do not specifically collect online contact information from children nor do we target or sell products for purchase by children.

Security

This website has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to insure the safety of your personal information.

Other Website Links

This website contains links to other websites. TOPTOTS is not responsible for the privacy practices or the content of such websites. If you want to know the privacy policies of the other websites, please refer to the organization sponsoring such website.

Consent

By visiting TOPTOTS site, you expressly consent to the collection and use by TOPTOTS of personally identifiable information according to this Privacy Policy.

Choice to Opt Out

You may opt-out of receiving communications from TOPTOTS or our site partners by sending an email to info@toptots.co.za

Correct / Update

TOPTOTS may allow its users the ability to correct or update online information previously provided by the users. Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.

 

  1. Contact Us

If you have any questions about the terms and conditions, the practices of this site, or your interactions with this website, you can contact us at info@toptots.co.za.  Please also send all your technical queries to info@toptots.co.za.  

 

 

 

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