Yenza Terms & Conditions of Service
Please read these Terms carefully. By accessing or using Yenza, you agree to be bound by them.
Please read these Terms carefully. By accessing or using Yenza, you agree to be bound by them.
Welcome to Yenza’s Terms and Conditions of Service ("Terms"). Please read the following Terms carefully. By registering for, accessing, browsing, or using the website, you acknowledge that you have read, understood and agree to be bound by the Yenza Privacy and Personal Information Policy and these Yenza Terms and any further notices, terms, conditions, guidelines or disclaimers incorporated into the above mentioned by reference.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE PLATFORM.
Yenza reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Yenza will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Yenza makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
THE PLATFORM IS NOT AVAILABLE TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE PLATFORM BY YENZA.
By using or registering an account for the platform, you represent (a) that you have not been previously suspended or removed from the platform by Yenza; (b) that you are either (i) at least 18 years of age or (ii) you are a minor and have been granted access by a competent person through the licence code system described below; and (c) that your use of the platform is in compliance with all applicable laws and regulations.
Access to the platform for users under the age of 18 ("Minor Users") is only possible through a licence code. Licence codes are issued exclusively to institutions, schools, or competent persons acting on behalf of the minor. By obtaining and distributing a licence code for a Minor User, the competent person confirms their consent to the Minor User’s use of the platform and the processing of the Minor User’s personal information as described in our Privacy Policy. No minor can self-register or access the platform without a licence code issued through this process.
Where access is granted through an educational institution or school group, the institution administrator is responsible for ensuring that appropriate consents have been obtained from the competent persons of all Minor Users within their group before distributing licence codes.
In order to use certain features of the platform, you must register for an account. You may be asked to provide an email address, phone number and password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Yenza will be true, accurate, current, and complete, and that you will keep this information up to date at all times.
If you have reason to believe that your account is no longer secure (for example, in the event of loss, theft or unauthorised disclosure or use of your account credentials), then you agree to immediately notify Yenza at privacy@yenzacareers.com. You may be liable for losses incurred by Yenza or others due to any unauthorised use of your account.
Yenza may permit you to register for or access the platform through certain third-party authentication services ("Integrated Services"). Current Integrated Services include Clever, Snapplify, and identity providers configured by your institution (such as Azure Active Directory). By registering or logging in using an Integrated Service, you agree that Yenza may access your Integrated Service account information as necessary to authenticate you, and you agree to the terms and conditions of that Integrated Service. Yenza does not control the practices of Integrated Services and you are advised to read their privacy policies.
Your privacy is important to Yenza. Please read the Yenza Personal Information & Privacy Policy, hereby incorporated into the Terms, carefully for information relating to Yenza’s collection, use, and disclosure of your personal information.
YOU AGREE NOT TO:
By posting, submitting or distributing user content on or through the platform, you grant Yenza a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display your user content solely to the extent necessary to provide the platform’s services to you and other users. This licence does not grant Yenza the right to exploit your user content for commercial purposes beyond the delivery of the platform’s services, and it terminates when you delete your content or close your account, subject to any retention obligations under our Privacy Policy.
By posting, submitting or distributing user content through the platform, you grant each user of the platform a non-exclusive licence to access and use your user content in any manner permitted or made available by Yenza on or through the platform.
You are solely responsible for your user content and the consequences of posting, creating, or publishing it. You represent and warrant that: (1) you are the creator and owner of, or have the necessary licences, rights, consents, and permissions to use and to authorise Yenza and users to use and distribute your user content as necessary to exercise the licences granted in these Terms; (2) your user content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; and (3) your user content does not slander, defame, libel, or invade the privacy or other rights of any other person.
Yenza may permit (a) the posting and/or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "user postings") and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) ("user Code") (user Postings and user Code, collectively, "user content"). You understand that whether or not such user content is published, Yenza does not guarantee any confidentiality with respect to any submissions.
The platform is owned and operated by Yenza. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the "Website Materials") are protected by copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.
YOU HEREBY ACKNOWLEDGE AND EXPRESSLY CONSENT THAT any content provided, posted, transmitted or shared on the Website or to Yenza in pursuance of the Website or any related services shall be proprietary to Yenza and you hereby consent to such information being used for commercial or "non-commercial" purposes.
The platform may include links or references to other websites or services solely as a convenience to users ("Reference Sites"). Yenza does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them.
ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
Yenza, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Yenza or your use of the Website and remove and discard all or any part of your account, user profile, and user content, at any time. Yenza may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and you agree that Yenza will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Yenza may have at law or in equity. As discussed herein, Yenza does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all user content or other content submitted, by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the platform, (ii) any term of these Terms, (iii) any policy or practice of Yenza in operating the platform, or (iv) any content or information transmitted through the platform, is to terminate these Terms and your account. You may terminate the Terms at any time by deleting your account and discontinuing use of the platform.
You agree to indemnify, defend, and hold harmless Yenza, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners ("Yenza Indemnitees") from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by you or by any Child user associated with you if you are a parent user. Yenza reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Yenza, and you agree to cooperate with Yenza’s defence of these claims. Yenza will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE PLATFORM, AND ALL DATA, INFORMATION, SOFTWARE, PLATFORM MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YENZA, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YENZA OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YENZA AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE PLATFORM OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PLATFORM WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, PLATFORM MATERIALS, SOFTWARE, OR DATA THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS THEREFROM.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL YENZA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH YENZA, EVEN IF YENZA OR A YENZA AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH CASES, YENZA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Yenza may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed to be given twenty-four hours after email is sent, unless Yenza is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of Yenza to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Yenza.
The Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law.
For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than One Hundred Thousand South African Rand (R 100 000.00) either Yenza or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If any provision of the Terms or any guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related guidelines, and any rights and licences granted hereunder, may not be transferred or assigned by you without Yenza’s prior written consent, but may be assigned by Yenza without consent or any restriction.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms, the Personal Information & Privacy Policy and guidelines constitute the entire agreement between you and Yenza relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Personal Information & Privacy Policy or guidelines made by Yenza.
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