FAQs

FAQs


Terms & Conditions

1. LEGALLY BINDING AGREEMENT

BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THE TERMS AND CONDITIONS SET OUT BELOW. IF THE USER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE.

ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT BELOW BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN LEARNING WAREHOUSE (PTY) LIMITED TRADING AS LEARNING WAREHOUSE (‘’LEARNING WAREHOUSE’’) AND THE USER, WHICH AGREEMENT SHALL GOVERN THE USE OF THIS WEBSITE.

THE AGREEMENT BETWEEN THE USER AND LEARNING WAREHOUSE IS CONSTITUTED BY THESE TERMS AND CONDITIONS, THE TERMS AND CONDITIONS OF SALE AND THE PRIVACY NOTICE, ALL OF WHICH ARE PUBLISHED ON THIS WEBSITE.

2. PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008

2.1. IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE WEBSITE TERMS AND CONDITIONS ARE DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.

2.2. IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE WEBSITE TERMS AND CONDITIONS, PLEASE CONTACT LEARNING WAREHOUSE ON 086 110 6365 OR EMAIL HELLO@LEARNINGWAREHOUSE.CO.ZA.

2.3. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:

  • LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF LEARNING WAREHOUSE AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE;
  • ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;
  • INDEMNITIES IN FAVOUR OF LEARNING WAREHOUSE; OR
  • AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.

2.4. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.

3. DEFINITIONS AND INTERPRETATION

3.1. In this agreement, the following terms will have the meanings assigned to them in this clause:

  • ‘’CPA’’ means the Consumer Protection Act, 2008, as amended from time to time;
  • ‘’ECT Act’’ means the Electronic Communications and Transactions Act, 2002, as amended from time to time;
  • “Intellectual Property Rights” means all patents, trademarks (registered or unregistered), service marks, design rights, copyright, trade or business names, know-how, confidential or proprietary information, databases, software or code, or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any part of the world;
  • ‘’Learning Warehouse’’ means Learning Warehouse (Pty) Limited, trading as Learning Warehouse;
  • “you/the User” means any person accessing and using this website;
  • ‘’user account’’ means a profile created by a User on this website, which can be accessed by a user by inputting their username and password;
  • “user agreement” means the binding agreement constituted by the User’s acceptance of the terms and conditions contained herein, as amended from time to time;
  • “User Generated Content” means any information, images, comments, posts or other content created, uploaded, shared, published or distributed by a User using this website, either directly or indirectly;
  • ‘’username’’ means the unique identifier created by a User to enable this website to identify him or her when he or she wants to access their user account;
  • “Website” means the website found at www.learningwarehouse.co.za, and includes any sub-pages, content, display elements and other components making up the website, but excludes any links to external websites not associated with Learning Warehouse;

3.2. Any reference in this user agreement to:

  • the singular includes the plural and vice versa;
  • ‘’person/s’’ includes natural and juristic person/s;
  • any one gender includes the other genders;

3.3. Clause headings have been inserted for reference purposes only and must not be taken into account when interpreting this user agreement.

3.4. Terms not specifically defined in clause 3.1 will be given their normal grammatical meaning, and any terms, acronyms, or phrases known in the information communication and technology industry will be interpreted in accordance with their generally accepted meaning in that industry.

3.5. Any reference to ‘’days’’ means business days, which excludes Saturday, Sunday and South African public holidays.

3.6. When calculating any number of days for the purposes of this user agreement, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.

3.7. If the due date for performing any obligation or exercising any right in terms of this user agreement is a day which is not a business day, then the due date will be the next business day.

3.8. If any obligation or act is to be performed on a particular day, it must be performed by 16h00 on that day.

3.9. No provision in this agreement must be interpreted to the disadvantage of a party because that party introduced or caused that provision to be included in this user agreement.
3.10. The word “include” means “include without limitation”.

3.11. A requirement that any request, claim, demand or other communication made in terms of this user agreement must be in writing will be met it is in the form of a data message as defined in the ECT Act, and is accessible in a manner usable for subsequent reference.

3.12. All amounts quoted on this website include value-added tax (VAT), unless explicitly stated.

4. DISCLOSURE OF INFORMATION IN TERMS OF SECTION 43 OF THE ECT ACT

4.1. The following information is disclosed in terms of section 43(1) of the ECT Act:

  • Website owner: Learning Warehouse (Pty) Limited, trading as Learning Warehouse
  • Legal status of website owner: A private company with limited liability duly incorporated in South Africa
  • Registration number: 2013/002510/07
  • Registered office address: Block 1, Prism Office Park, 11 Ruby Close, Fourways 2021.
  • Directors: Jo Judnick-Wilson
  • Physical business address: Block 1, Prism Office Park, 11 Ruby Close, Fourways 2021, South Africa (at which address Learning Warehouse chooses as its domicilium citandi et executandi for the purposes of accepting delivery and service of all documents and process in terms of this User Agreement);
  • Telephone number:086 110 6365
  • Website address:http://www.learningwarehouse.co.za
  • Email address: hello@learningwarehouse.co.za
  • Learning Warehouse is not a member and/or does not subscribe to any self-regulatory or accreditation bodies.
  • Learning Warehouse does not subscribe to any code of conduct.

5. NO OFFER

5.1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.

5.2. Unless specific arrangement is made prior to engaging with the website or placing an order, the goods and services advertised on this website are available to South African clients and delivery addresses only.

6. ACCESS AND USE OF THIS WEBSITE

6.1. Subject to your compliance with these terms and conditions, Learning Warehouse grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this website and the content published herein.

6.2. This license does not entitle you to resell or otherwise make commercial use of this website or any content published therein, including any product listings, descriptions, or prices; or to create any derivative use of any content published herein.

6.3. No content published on this website may be reproduced, sold, or otherwise exploited for any commercial purpose without the prior written consent of Learning Warehouse.

6.4. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visit to this website and/or other sites on the internet.

6.5. Users may opt out of the DoubleClick cookie for interest-based advertising by visiting www.aboutads.info.

7. AVAILABILITY OF THE WEBSITE

8.1. The website may only be used by Users who are 18 years of age or older, unless they are assisted by or under the supervision of their parent or guardian.
8.2. Users warrant that they shall not, when accessing and using this website:

  • intentionally access or intercept any data contained in this website without authority or permission;
  • interfere with any data contained in this website in such a way which causes such data to be modified, destroyed or otherwise rendered ineffective;
  • take any action that imposes or may impose an unreasonable or disproportionately large load on the Learning Warehouse’s web servers and/or which impairs the functionality of the website;
  • use any device or computer program which is designed primarily to overcome security measures used on this website to protect data, or perform any act with regard to a username, password, access code or other similar data with the intent to unlawfully utilise such item to gain access to or interfere with data on this website;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for user generated content) from the website without Learning Warehouse’s prior written permission;
  • impersonate any other person or use a false or unauthorised username or password so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
  • make available or upload content not owned or licensed to the User;
  • make use of the website to collect, harvest or otherwise obtain personal information relating to other users;
  • use, apart from the search facility provided on the website, any application including but not limited to any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or any content contained herein, without the prior written consent from Learning Warehouse;
  • cache any data on this website unless:
    • the purpose of the caching is to make the onward transmission of the content from the website more efficient;
    • the cached content is not modified in any manner whatsoever;
    • the cached content is updated at least every 12 (twelve) hours; and
    • the cached content is removed or updated when so required by Learning Warehouse.

8.3. Learning Warehouse may, in its sole discretion, refuse further access or use of the website to any person who contravenes the provisions of clause 8.2.

8.4. The acceptable use provisions contained in this clause may be in addition to any further acceptable use provisions relating to any specific services offered by Learning Warehouse on this website.

9. USER GENERATED CONTENT

9.1. User generated content may be posted on the website directly by a User and is not pre-screened or approved by Learning Warehouse. Learning Warehouse has the right but not the obligation to monitor and edit or remove any activity or content on the website.
9.2. Learning Warehouse does not accept responsibility, under any circumstances, for any user generated content but does however reserve the right, in its sole and absolute discretion, to delete any user generated content that is found to be unlawful or in contravention of these terms and conditions.
9.3. Learning Warehouse does not endorse any opinion, statement, recommendation, comment, reply, review or advice expressed in any user generated content and expressly disclaims any and all liability to any person who places any reliance thereon or otherwise acts in accordance therewith.

9.4. Any user generated content that is posted or transmitted by the User to or via the website shall be deemed to be non-confidential and non-proprietary. The User hereby grants Learning Warehouse a non-exclusive, royalty-free perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

9.5. Users who post user generated content hereby warrant that they own or are otherwise authorised to exercise the rights to such content, and that any content posted will be accurate and will not cause injury or harm to any person or entity.

9.6. Users hereby indemnify Learning Warehouse against all claims resulting from user generated content that is found to be infringing or harmful.

9.7. Users shall not post, distribute or transmit to or from the website any material, including but not limited to text, images, video and audio clips that:

  • is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
  • consists of or contains commercial solicitation, political campaigning, chain letters, mass mailings, or any form of unsolicited or bulk communications;
  • constitutes hate speech or is likely to provoke violence;
  • is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;
  • constitutes or encourages conduct that would be considered a criminal offence, or condones or encourages unlawful activity;
  • is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and/or
  • otherwise infringes the rights of any other person.

9.8. If a person believes that any user generated content published or transmitted on or from the website does not comply with the standards set out in these terms and conditions, or that such content infringes any of their rights, they must immediately contact the Learning Warehouse at hello@learningwarehouse.co.za.

10. DISCLAIMERS

10.1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. LEARNING WAREHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.

10.2. SUBJECT TO CHAPTER 7 OF THE ECT ACT, LEARNING WAREHOUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY USERS OR ANY OTHER PERSONS AND RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE.

10.3. SUBJECT TO CHAPTER 7 OF THE ECT ACT AND TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, LEARNING WAREHOUSE DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE USE OF THIS WEBSITE IN ANY MANNER.

10.4. LEARNING WAREHOUSE HAS NO CONTROL OVER ANY USER GENERATED CONTENT AND/OR ANY OTHER THIRD PARTY INFORMATION, ADVERTS, FEATURES OR OTHER MATERIALS (‘’THIRD PARTY CONTENT’’) PUBLISHED ON THIS WEBSITE OR ACCESSIBLE ON OR FROM THIS WEBSITE. LEARNING WAREHOUSE DOES NOT EXAMINE OR EDIT ANY THIRD PARTY CONTENT AND/OR DOES NOT ACT AS AN AGENT FOR ANY THIRD PARTY IN THIS REGARD. AS SUCH AND TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, LEARNING WAREHOUSE DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY THIRD PARTY CONTENT.

11. INDEMNITY

11.1. USERS INDEMNIFY LEARNING WAREHOUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, ISPs, AGENTS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION, APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH THE USERS’ BREACH OF THIS AGREEMENT, THEIR IMPROPER USE OF THE WEBSITE OR ANY CONTENT OR SERVICES OFFERED BY THE WEBSITE OR THEIR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

12. ELECTRONIC COMMUNICATIONS

12.1. Users agree to the use of electronic communications in order to place orders and/or enter into contracts with Learning Warehouse, and to the electronic delivery of notices and electronic retention of records of transactions initiated or completed through the website.
12.2. Electronic communications, including e-mail, SMS and instant messages, sent by Users to this website or to Learning Warehouse shall be deemed to be received only when acknowledged or responded to by or on behalf of Learning Warehouse.

12.3. Electronic communications sent by Learning Warehouse to Users shall be deemed as received when the complete communication enters an information system designated or used for that purpose by the User and is capable of being retrieved and processed by the User.

13. MONITORING AND INTERCEPTION OF DATA MESSAGES

13.1. In order to provide a relevant and secure service, and where required to do so under law, Learning Warehouse may monitor and/or intercept electronic communications which are sent to the website, although it has no duty to monitor as a matter of general practice.
13.2. Users acknowledge that they are aware of such potential monitoring and/or interception and they consent thereto.

13.3. Where Learning Warehouse is required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-Related Act, 2003, any interception of communications shall be strictly carried out in accordance with the requirements of that Act.

13.4. The User acknowledges that Learning Warehouse serves merely as a conduit and/or host of user generated content on this website (where applicable) and Learning Warehouse has no knowledge of, nor interest in, user generated content hosted or published by it on this website.

14. DATA PROTECTION AND SECURITY

14.1. While Learning Warehouse takes reasonable security precautions in line with generally accepted industry standards to protect the data on this website, no liability will lie for damage caused by the malicious use of this website or by destructive data or code being introduced or passed on to the User through the use of this website.

14.2. The following acts in connection with this web site are expressly prohibited:

  • Gaining or attempting to gain unauthorised access to this website or any web page that forms part of this website;
  • Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or
  • Any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.

14.3. Learning Warehouse shall pursue the prosecution of and claim compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.

14.4. All usernames and passwords allocated to a User are personal to the User and the User shall be liable for any loss or damage sustained by the User, Learning Warehouse or any third party as a result of any actions by the User or any other person to whom the User has disclosed their username and password. The User shall advise Learning Warehouse immediately should any other person gain access to its username and/or password.

14.5. The User authorises Learning Warehouse to act on any request or instruction given by it and/or which purports to have been sent by the User, even if it subsequently transpires that any such request or instruction has been fraudulently submitted by another person, unless the User has notified Learning Warehouse upon becoming aware of any such fraudulent conduct and before Learning Warehouse has acted on the request or instruction.

14.6. If any security violations are reasonably believed to have occurred in connection with any User’s account, Learning Warehouse will notify a user immediately and take any reasonable steps to suspend the account and/or change the relevant details.

14.7. Learning Warehouse employs normal back-up procedures for data entered into and/or used with this website. In the event of any loss or damage to data entered into and/or used with this website, Learning Warehouse will use reasonable commercial efforts to restore the lost or damaged information from the latest back-up of such information maintained by it. Learning Warehouse shall not be responsible for any loss, destruction, alteration or disclosure of information caused by no fault on its part.

15. INTELLECTUAL PROPERTY PROTECTION

15.1. All intellectual property rights in all content, images, software, source code, databases and other original material contained in this website, which is not attributed to a third party, is held by or licensed to Learning Warehouse, who hereby asserts and reserves all such rights, including its moral rights.
15.2. Learning Warehouse grants to Users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content on this website for their personal and non-commercial purposes only.

15.3. Any use of the content or any other part of this website which is protected under copyright must also be accompanied by the following notice: “© Learning Warehouse [insert year in which content is copied]. All rights reserved.”

15.4. If a User believes that this website in any way infringes a third party’s intellectual property rights, they must notify Learning Warehouse immediately, specifying the full details of the alleged infringement.

15.5. Users wishing to use any content for their own commercial purposes may only do so with the prior written permission of Learning Warehouse.

16. ADVERTISING, PROMOTIONS AND COMPETITIONS

16.1. This website may contain third party advertising. Third party advertisers are responsible for ensuring that advertising material submitted for inclusion in this website complies with all applicable laws and regulations.
16.2. LEARNING WAREHOUSE ACCORDINGLY EXCLUDES, TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, ANY RESPONSIBILITY OR LIABILITY FOR ANY ERROR OR INACCURACY APPEARING IN THIRD PARTY ADVERTISING MATERIAL.

16.3. This website may, from time to time, run competitions and other promotions. These will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.

17. HYPERLINKS, DEEP LINKS, FRAMING & METADATA

17.1. The express permission in writing of Learning Warehouse, which may be subject to conditions, is required before any deep-linking to or framing of this website, any of its pages and/or any of the content contained on this website is carried out by any person.

17.2. Permission to link to this website is given by Learning Warehouse without assumption of any liability. Learning Warehouse reserves the right to withdraw permission granted to link to this website at any time and for any reason.

17.3. Hyperlinks contained on this website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. Learning Warehouse does not control or edit the content of any websites or pages linked to, and Learning Warehouse disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site. Use of such websites or pages linked to is accordingly exclusively at the risk of the User.

17.4. Users may not use any meta tags or any other “hidden text” which is the same as or similar to Learning Warehouse’s name or any of its trademarks, or to the names or trademarks associated with any of its proprietary products and services, without the express written consent of Learning Warehouse.

18. GOVERNING LAW

18.1. The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.
18.2. This website is owned, hosted and maintained within the Republic of South Africa.

18.3. When using this website and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Johannesburg, South Africa.

19. DISPUTE RESOLUTION

19.1. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.
19.2. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.

19.3. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.
19.4. The arbitration shall be held in Johannesburg at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

19.5. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

20. AMENDMENT OF THESE TERMS AND CONDITIONS

20.1. Learning Warehouse reserves the right, at any time, to amend any of the terms and conditions set out herein.
20.2. An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.

20.3. Any amendment made to this agreement shall become binding and enforceable from the date of publication.

20.4. The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and before proceeding to use it further.

20.5. If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately.

21. TERMINATION OF THIS AGREEMENT

21.1. Learning Warehouse reserves the right, in its sole and absolute discretion, and with prior notification, to terminate this agreement if:

  • Learning Warehouse, in its sole discretion, regards any action or inaction by a User as an abuse of the website or any of the services or content associated with the website; and
  • Where events beyond the reasonable control of Learning Warehouse, including technical failures, prevent the continuing provision of this website.

21.2. In the event of a breach of any of the terms and conditions of this agreement by either party, then the other party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages:

  • to enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or
  • to cancel this agreement.

21.3. In the event of any breach by either party, and the other party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.

22. GENERAL

22.1. Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.
22.2. In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

22.3. This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and Learning Warehouse.

22.4. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.

These terms and conditions were last updated on 12 October 2015 and this version supercedes all previous versions published on the website before this date.

1. THE PURPOSE OF CLICKERS

The Participate Technologies ResponseCard Clicker is an easy-to-use student response system that obtains immediate feedback from every student in a classroom. Some ways that your instructor might use clickers are:
1. Create interactivity among students in large classes
2. Create an interactive environment for group activities in class
3. Deliver in-class surveys, assessments, testing or quizzes with immediate feedback
4. Take attendance

2. WHAT ARE RESPONSECARD CLICKERS?

ResponseCard Clickers, also called Clickers are a handheld device that students use to respond to questions posed by the instructor. A receiver plugged into the classroom computer (or instructor’s laptop) that picks up the students’ answers. TurningPoint Software is used to create multiple choice questions, and tabulate and display student responses. This technology can be used to support a variety of teaching activities.

3. HOW DO I KNOW IF MY INSTRUCTOR IS USING CLICKERS IN CLASS?

Your instructor will inform you in class if he or she is planning to use the clicker technology. If you are not sure, contact your instructor to find out.
* Not all classes require a clicker.

4. HOW MUCH IS A CLICKER?

There are 3 models available;
• Refurbished ResponseCard Clicker RFLCD (standard multiple choice response options)
• New ResponseCard Clicker RFLCD (standard multiple choice response options)
• QT Device (querty keypad response options)

5. WHERE CAN I BUY A CLICKER?

You may purchase a new or used clicker from participating campus bookstores;
• Learning Warehouse Online Store
• Bookmark
• Kourse Publishing
• Wizebooks

6. WHAT IS THE RETURN POLICY? CAN I RETURN MY CLICKER IF I DROP THE COURSE?

Should you no longer need your clicker you should speak to the bookstore from where you have purchased your keypad regarding their returns policy. If the device is found to be faulty within the warranty period and qualifies for replacement please return in to the bookstore from which you purchased the device and they will issue a new device.

7. CAN I RESELL MY CLICKER?

Yes, some of the campuses bookstores may offer to buy the clicker from you alternately, you are also free to resell the clicker to other students. If you sell your clicker to another student please inform the new owner that they should re-register their clicker before use.

8. CAN I USE THE SAME CLICKER IN OTHER COURSES?

Yes. You only need one clicker. The same clicker can be used for multiple classes in a semester and may be used in your whole academic career or until you leave the University of Pretoria.

9. I AM HAVING PROBLEMS WITH MY CLICKER, WHAT DO I DO?

If you are having technical problems with your clicker, or have questions about its use please speak to your class lecturer, alternately email: support@participate.co.za

10. WHERE DO I REGISTER MY CLICKER?

It is imperative to register your clicker so that your participation in class can be tracked. Students can register their clicker devices via Click-up. Your lecture will provide more details in class.

11. WHAT’S THE WARRANTY FOR THE CLICKERS? HOW LONG DO THE BATTERIES LAST?

Participate Technologies warrants its new devices for a period of twelve (12) months and refurbished devices for a period of three (3) months for any material or workmanship defect in the product as well as for any failures related to normal product use. This warranty does not extend to batteries or any product component, which has been subject to misuse, deliberate destruction, or alteration.
ResponseCard RF LCD / RF clicker devices are powered by two flat lithium batteries. The average battery life is 6 to 12 months.
The QT Device is powered by two standard AA batteries. The average battery life is 6 to 12 months.

12. CAN I SHARE MY CLICKER WITH ANOTHER STUDENT?

No, each student should only carry his or her own clicker. Possession of a clicker not registered to you is considered a breach of Academic Honesty and will be dealt with severely.

13. CHANGING THE CHANNEL ON MY CLICKER

Because the clicker system may be used is in multiple lecturer halls/classes, they are required to run on different channels, the channel that is being used during the lesson will be identified by your lecturer.
To change the channel on the RFLCD clicker once there are no flashing lights and the LCD screen on the clicker has switched off, you will select the channel button located on the bottom left of the clicker, you will then enter the number of the cannel you would like to change the clicker to e.g. if the channel is 21 then press the 2 button and then the 1 button after you have initially pressed the channel button. You will complete the sequence by pressing the channel button again. (Example: Channel > 21 > Channel) If you are using the QT Device (querty Clicker) simply select the channel button and enter new channel, then OK

14. WHAT BATTERIES DOES MY CLICKER TAKE AND HOW DO I KNOW IF THE BATTERY IS DEAD?

The clicker will turn off automatically once you selected your answer. When you select a new answer the LCD screen with light up again. In the event that the LCD screen does not light up it is possible that the battery may be flat and you will be required to replace the batteries
• The RFLCD clicker takes two Calculator batteries (CR2023 Lithium battery)
• The QT Device takes two Standard AAA batteries

15. HOW TO BEST LOOK AFTER MY CLICKER?

Although the clickers are designed to be able to take a few knocked, drops and kicks, we recommend you take a few precautionary steps to protect your clickers and help lengthen the lifespan and usage of the device.
1. Don’t keep the clicker somewhere, were the buttons may be constantly pressed, leaving the device on the whole time and draining the battery. A dead battery is your responsibility
2. Don’t leave the clicker in extreme temperatures
3. Handle clicker with care
4. As the clicker may hold weighting to your grades, and is against the academic code, we recommend you do not lend your clicker to friends or other people.
5. Have a spare set of batteries.
6. The RFLCD clicker can be used with a lanyard and be carried around your neck, lowering the possibility of loss and theft.

1. LEGALLY BINDING AGREEMENT

BY PLACING AN ORDER FOR GOODS AND/OR SERVICES ON THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THESE TERMS AND CONDITIONS OF SALE.

ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN LEARNING WAREHOUSE (PTY) LIMITED (‘’LEARNING WAREHOUSE’’) AND THE USER.

THE AGREEMENT BETWEEN THE USER AND LEARNING WAREHOUSE IS CONSTITUTED BY THESE TERMS AND CONDITIONS OF SALE, READ TOGETHER WITH THE WEBSITE TERMS AND CONDITIONS AND THE PRIVACY NOTICE PUBLISHED ON THIS WEBSITE.

2. PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008

2.1. IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE TERMS AND CONDITIONS OF SALE HAVE BEEN DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.

2.2. IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE, PLEASE CONTACT LEARNING WAREHOUSE BY EMAIL: HELLO@learninglarehouse.co.za.

2.3. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:
• LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF LEARNING WAREHOUSE AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE;
• ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;
• INDEMNITIES IN FAVOUR OF LEARNING WAREHOUSE; OR
• AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.
2.4. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.

3. NO OFFER

3.1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.

3.2. Unless specific arrangement is made prior to engaging with the website or placing an order, the goods and services advertised on this website are available to South African clients and delivery addresses only.

4. DESCRIPTION OF GOODS AND SERVICES

4.1. While Learning Warehouse takes reasonable efforts to ensure that the description and pricing of goods advertised on this website are as accurate as possible, it does not warrant that such information is accurate, complete, and error-free. If goods ordered are not as described on this Website, the User must return the goods to Learning Warehouse who shall refund the User for the full price paid for such goods together with the costs of returning same to Learning Warehouse.

5. PRICING

5.1. Prices on this website are always quoted in South African Rand (ZAR) and inclusive of Value Added Tax (VAT).

5.2. Prices published on this website will be updated from time to time and Users are required to check for any updates to prices of goods and/or services before any order is placed.

5.3. Learning Warehouse cannot confirm the price of any goods or services until an order is placed with it. However, Learning Warehouse will not charge a price higher than the one displayed on the website for any goods or services unless the price, as displayed, contains an inadvertent and obvious error.

5.4. Learning Warehouse will not be bound by any errors in pricing which result from technical problems on the website or by the unlawful modification of data on the website by unauthorized persons.

5.5. Learning Warehouse shall take reasonable steps to inform any affected Users about any pricing errors on the website as soon as they are discovered.

5.6. Where Learning Warehouse advertises or promotes any goods or services offered at reduced prices, the price published on the website after the advert or promotion has been published or announced will be the price of the goods already reduced as advertised or promoted.

5.7. The costs of delivery and/or any other costs associated with any transaction will be displayed separately in the confirmation of the User’s order before checkout.

6. COMMENCEMENT OF SALE AGREEMENT AND REVIEW OF TRANSACTION

6.1. An agreement of sale will only come into effect when the User electronically submits a properly completed order for goods or services on the website and confirmation of that order is dispatched by Learning Warehouse to the User.

6.2. The addition of any goods or services by the User to their shopping basket and/or wish list without completing the necessary checkout process on the website will not constitute a valid order.

6.3. Users will always be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finally placing any order on the website. Should a User, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the User may cancel the transaction within 14 days of receiving the goods or in the case of services, within 14 days of the agreement being concluded. If a transaction is cancelled as aforesaid, the User shall return the goods or stop using the services and Learning Warehouse shall refund all payments made by the User.

6.4. An order received via the website will only be processed by Learning Warehouse once payment has been authorised or received, as the case may be.

7. PAYMENT

7.1. Payment for purchases made via the website can be made by credit card or electronic fund transfer (EFT) into Learning Warehouse’s designated bank account, details of which are sent to the user when this payment option is selected.

7.2. In compliance with section 43(5) of the ECT Act, Learning Warehouse uses the services of PayFast (Pty) Ltd.to process credit card payments. PayFast (Pty) Ltd. For more information on PayFast (Pty) Ltd please visit https://www.payfast.co.za

7.3. Learning Warehouse does not process or store User’s credit card details.

7.4. Where payment is made via EFT, confirmation of payment must be received by Learning Warehouse within 5 days from the date that an order is confirmed. No orders will be processed until confirmation of payment has been received.

7.5. Learning Warehouse reserves the right to request further information from a User in order to verify any order placed or for the processing of any payment due.

8. USER’S COOLING-OFF RIGHTS IN TERMS OF SECTION 44 OF THE ECT ACT

8.1. A User will be entitled to cancel, without reason and without penalty, any transaction for the supply of goods within 7 days after the date of the receipt of the goods; or of services within 7 days after the date of the conclusion of the agreement.

8.2. The only charge that may be levied on the User is the direct cost of returning the goods.

8.3. If payment for the goods or services has already been made by the User, they shall be entitled to a full refund of such payment within 30 days of the date of cancellation.

8.4. A User will not be entitled to cancel a transaction in terms of clause 8.1 when the transaction is for:
• foodstuffs, beverages or other goods intended for everyday consumption by the User;
• audio or video recordings or computer software which has been unsealed by the User;
• newspapers, periodicals, magazines and books;
• accommodation, transport, catering or leisure services booked for a specific date or which need to be used within a specific period; or
• any goods made to the User’s specifications, or which are clearly personalised, or which by reason of their nature cannot be returned, or which are likely to deteriorate or expire rapidly.

9. DELIVERY

9.1. Learning Warehouse shall take all reasonable efforts to ensure that goods or services ordered by Users are delivered within a reasonable time and in good order. However, as Learning Warehouse is reliant on third parties to deliver goods and services ordered on the website to Users, it cannot guarantee delivery times.

9.2. Delivery time estimates are calculated from the date and time when the goods leave the Learning Warehouse warehouse, which is usually within one working day of an order being confirmed.

9.3. Deliveries are done on business days only. Weekend and after hours deliveries are subject to an additional surcharge and may be organised by special request only (this option is not available online, the User may phone the Learning Warehouse customer support team to organise).

9.4. Learning Warehouse will not be responsible for any loss or delays caused by delayed or non-delivery resulting from incorrect delivery information being given by the User during the checkout process.

9.5. Delivery charges presented during the order checkout process are final. Delivery charges provided anywhere else on the website are for estimate purposes only and are subject to change at any time without notice.

9.6. In terms of section 46(1) of the ECT Act, Learning Warehouse must execute an order within 30 days after the date on which an order placed by a User has been confirmed, unless an alternative delivery date has been specifically pre-arranged and agreed upon between Learning Warehouse and the User.

9.7. If Learning Warehouse fails to execute any order within the 30 day period, or within such other period that has been specifically agreed to with the User, the User may cancel the agreement with 7 days’ written notice to Learning Warehouse, and Learning Warehouse shall refund all monies received from the User.

9.8.Apart from any liability that may arise in terms of clause 9.7, Learning Warehouse shall not otherwise be liable for any direct or indirect loss of whatsoever nature sustained by any User as a result of the late or non-delivery of any item ordered which is not due to any fault on the part of Learning Warehouse.

9.9. Standard Delivery takes 2 to 3 days to major centres and 3 to 6 days to regional areas.
Herewith the estimated costs;
• Johannesburg and Pretoria Flyer – R35 (ex Vat)
• Johannesburg and Pretoria Parcel – R55 (ex Vat)
• Gauteng (ex JHB & PTA) Flyer – R45 (ex Vat)
• Gauteng (ex JHB & PTA) Parcel – R60 (ex Vat)
• Main Centres (ex JHB & PTA) – R60 (ex Vat) up to 2kg / R80 (ex Vat) up to 5kg
• Regional Areas – R60 (ex Vat) up to 2kg / R80 (ex Vat) up to 5kg PLUS R60 surcharge up to 5kg’s.
9.10. Orders not yet dispatched from the Learning Warehouse warehouse may be cancelled by the User by emailing Learning Warehouse at orders@learninglarehouse.co.za or calling the office, and will be refunded without additional cost. Cancellations done after the order has been dispatched will be subject to the Learning Warehouse Returns Policy.

10. QUALITY STANDARDS AND SAFETY

10.1. Learning Warehouse shall take all reasonable efforts to ensure that goods sold on the website are:
• Reasonably suitable for the purposes for which they are generally intended;
• of good quality, in good working order and free of any defects;
• useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
• compliant with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
10.2. Subject to clause 10.5, if any goods sold by Learning Warehouse do not comply with any of the requirements and/or standards set out in clause 10.1, the User may, for a period of 6 (six) months after the delivery of any such goods, return the goods to Learning Warehouse, without penalty and at Learning Warehouse’s own risk and expense.

10.3 Upon the return of any goods by the User in terms of clause 6.8, Learning Warehouse shall, at the direction of the User, either repair or replace the failed, unsafe or defective goods, or refund the price paid by the User for the goods.

10.4 If goods are repaired by or on behalf of Learning Warehouse and, within (3) three months after that repair, the failure, defect or unsafe feature has not been remedied; or a further failure, defect or unsafe feature is discovered in the goods, or any component thereof, Learning Warehouse must replace the goods or refund the price paid for the goods to the User.

10.5. Learning Warehouse shall not be liable to the User in terms of clauses 10.2 and 10.4 if:
• the goods were altered by or on behalf of the User contrary to instructions given by Learning Warehouse and/or the manufacturer of the relevant goods;
• the goods comply with a public regulation;
• the unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time they were supplied to the User;
• the User did not comply fully with instructions given to him or her for the use or consumption of the relevant goods;
• it would be unreasonable to expect Learning Warehouse to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in marketing such goods to Users.
10.6. Should a User wish to purchase goods for a particular purpose, the User must specifically inform Learning Warehouse in writing of that particular purpose, or advise Learning Warehouse in writing of the use to which the User intends to apply to goods purchased from the website. Learning Warehouse reserves the right to refuse to sell certain goods to a User which Learning Warehouse believes, in its sole discretion, does not meet the particular purpose for which the User wishes to purchase such goods.

10.7. Where Learning Warehouse has expressly informed Users that particular goods advertised on the website for sale are in a specific condition and a User has agreed to purchase the goods in that condition, or the User has knowingly acted in a manner consistent with accepting the goods in that condition, then Learning Warehouse will not be held liable for any defects or shortcomings in such goods which are normally associated with the specific condition that the goods were sold in.

10.8. Any complaints regarding the standard and quality of the product or products bought by consumers through the website should be directed to Learning Warehouse at hello@learninglarehouse.co.za

11. LIMITED OR NO STOCK

11.1. If Learning Warehouse is unable to perform in terms of the agreement on the grounds that the goods or services ordered are no longer available, Learning Warehouse shall immediately notify the User via email of this fact and/or shall publish such notice on the website.

11.2. Any payments already made by the User for goods that are no longer in stock or that cannot be delivered by Learning Warehouse will be refunded to the User within 30 days after the date of such notification.

12. REFUND POLICY

12.1. Should a User be eligible for a refund in accordance with these terms and conditions, the User shall receive a full refund through an electronic funds transfer into a nominated bank account.

12.2. In the event that the User selects to receive a refund for any order that has been cancelled, the User will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement.

13. RETURNS POLICY

13.1. The Learning Warehouse Returns Policy is listed below:
• 0 to 7 days from delivery, wrong Order – Free
• 0 to 1 month from delivery at customer request e.g. wrong size, don’t like it – but still in its original packaging and in a resalable condition. Customer will pay for delivery back to Learning Warehouse.
• 0 to 6 months from delivery, defective product – Dependant on the situation, the User may need to pay for delivery back to Learning Warehouse, after assessment if defect is found to be a manufacturer error, Learning Warehouse will reimburse delivery fees and replace or refund the product.
13.2. No goods may be returned by the User without prior approval and arrangement with Learning Warehouse. This can be done through order@learninglarehouse.co.za

13.3. Where goods are to be returned at the User’s own expense, the User may elect to deliver the goods either directly to the Learning Warehouse warehouse in person or through the use of a suitable courier company. Alternatively the User may request Learning Warehouse to collect such goods from the User at the User’s cost.

13.4. Unless otherwise agreed, all goods to be collected from the User will be collected from the address to which the goods were originally delivered. Such collections shall be made within 30 days of the order being cancelled.

14. GOVERNING LAW

14.1. The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.

15. DISPUTE RESOLUTION

15.1. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.

15.2. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.

15.3. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.

15.4. The arbitration shall be held in Johannesburg at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

15.5. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

16. AMENDMENT OF THESE TERMS AND CONDITIONS

16.1. Learning Warehouse reserves the right, at any time, to amend any of the terms and conditions set out herein.

16.2. An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.

16.3. Any amendment made to this agreement shall become binding and enforceable from the date of publication.

16.4. The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and placing any order.

16.5. If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately and should not place any orders.

17. TERMINATION OF THIS AGREEMENT

17.1. In the event of a breach of any of the terms and conditions of this agreement by either party, then the other party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages:
• to enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or
• to cancel this agreement.
17.2. In the event of any breach by either party, and the other party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.

18. GENERAL

18.1. Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.

18.2. In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

18.3. This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and Learning Warehouse.

18.4. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE OF SALE AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY PLACING AN ORDER WITH LEARNING WAREHOUSE ON THE WEBSITE AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.

These terms and conditions were last updated on 14 December 2015 and this version supersedes all previous versions published on the website before this date.

Privacy Notice

BY ACCESSING AND USING THIS WEBSITE (http://www.learningwarehouse.co.za), THE USER CONSENTS TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY LEARNING WAREHOUSE (PTY) LTD ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE.

1. INTRODUCTION

Learning Warehouse (Pty) Ltd collects uses and, in some circumstances, shares the personal information of Users in and through this website.

1.1 Learning Warehouse (Pty) Ltd respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
1.2. The purpose of this Privacy Notice is to provide Users with information about the information processing activities of Learning Warehouse (Pty) Ltd and the manner in which their rights are protected.
1.3. This Privacy Notice shall serve as a blanket notification to Users about Learning Warehouse (Pty) Ltd’s processing activities, which will remain valid for a 36 month period. Users will not be notified separately on each occasion that Learning Warehouse (Pty) Ltd processes the same personal information in the same way over the 36 month period.
1.4. Learning Warehouse (Pty) Ltd may amend the provisions of this Privacy Notice to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.
1.5. The provisions of this Privacy Notice must, as far as possible, be incorporated into the agreement between Learning Warehouse (Pty) Ltd and Users of this website.

2. DEFINITIONS AND INTERPRETATION

2.1. In this Privacy Notice, the following words bear the following meanings:
2.1.1. ‘’consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
2.1.2. ‘‘direct marketing’’ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
2.1.3. ‘’information officer’’ means Jo Judnick-Wilson;
2.1.4. ‘‘operator’’ means an outside third party who processes personal information for or on behalf of Learning Warehouse (Pty) Ltd in terms of a contract or mandate;
2.1.5. ‘’personal information’’ means any information linked to a User or information that can identify a User, including but not limited to:
2.1.5.1. information relating to a User’s race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth;
2.1.5.2. information relating to a User’s education or their medical, financial, criminal or employment history;
2.1.5.3. a User’s identity number, e-mail address, physical address, telephone number, location information or online identifier;
2.1.5.4. a User’s biometric information, including fingerprints, DNA or retina scans;
2.1.5.5. a User’s personal opinions, views or preferences;
2.1.5.6. correspondence sent by a User, which is of a private or confidential nature;
2.1.5.7. the views or opinions of others about a User; and
2.1.5.8. the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
2.1.6. ‘’POPI’’ means the Protection of Personal Information Act, including any regulations or codes of conduct promulgated under it;
2.1.7. ‘’PROATIA’’ means the Promotion of Access to Information Act 2 of 2000;
2.1.8. ‘’process or processing’’ means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
2.1.8.1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
2.1.8.2. dissemination by means of transmission, distribution or making available in any other form; or
2.1.8.3. merging, linking, as well as restriction, degradation, erasure or destruction of that information;
2.1.9. ‘’special personal information’’ means information relating to a User’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life, biometric information or criminal record;
2.1.10. ‘’User’’ means a visitor or user of this website, or any of the content or services associated with this website;
2.1.11. ‘’the website’’ means the website or any part thereof which is accessible from http://www.learningwarehouse.co.za
2.2. Any reference in this Privacy Notice to:
2.2.1. the singular includes the plural and vice versa;
2.2.2. any one gender includes the other genders, as the case may be;
2.2.3. an act, regulation or other law is to the version of that law in force at the effective date of this notice and includes any amendment or re-enactment made to that law after the effective date of this notice.
2.3. When calculating any number 1of days for the purposes of this notice, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
2.4. The word “include” means, “include without limitation”. Use of the word ‘’include’’ or ‘’in particular’’ is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
2.5. A requirement that any notice, request, demand or other communication made in terms of this Privacy Notice must be in writing will be met it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference.

3. RESPONSIBLE PARTY

3.1. Learning Warehouse (Pty) Ltd will be the party who will be collecting and processing a User’s personal information and as such is designated as the ‘’responsible party’’ for the purposes of this Notice.
3.2. Learning Warehouse’s contact details are as follows:
3.2.1. Physical address: Block 1, Prism Office Park, 11 Ruby Close, Fourways 2191;
3.2.2. Telephone number: 086 110 6365;
3.2.3. Email address: hello@learningwarehouse.co.za
3.2.4. Website address: www.learningwarehouse.co.za
3.3. Learning Warehouse (Pty) Ltd may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.

4. WHAT PERSONAL INFORMATION IS COLLECTED

4.1. Learning Warehouse (Pty) Ltd may collect the following personal information from the User:
4.1.1. Initials, first name, surname;
4.1.2. Identity number and/or date of birth;
4.1.3. Child/children’s names, gender, date of birth and/or due date if child still to be born;
4.1.4. Physical and postal address;
4.1.5. Email address;
4.1.6. Telephone and cellphone numbers;
4.1.7. information relating to a User’s race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth;
4.1.8. a User’s personal opinions, views or preferences;
4.1.9. correspondence sent by a User, which is of a private or confidential nature;
4.1.10. the views or opinions of others about a User; and
4.1.11. A User’s credit information and history.
4.2. The supply of personal information by the User to Learning Warehouse (Pty) Ltd is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing Learning Warehouse (Pty) Ltd from concluding or performing any contract with the User, or preventing Learning Warehouse (Pty) Ltd from complying with one or more of its obligations in law.
4.3. There is no applicable law, which directly requires or authorises Learning Warehouse (Pty) Ltd to collect a User’s personal information.

5. PURPOSE/S FOR COLLECTION AND PROCESSING OF PERSONAL INFORMATION

5.1. Learning Warehouse (Pty) Ltd shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of Learning Warehouse’s business.
5.2. Such purposes may include the following:
5.2.1. to enter into a contract with a User;
5.2.2. to perform any obligations under a contract with a User;
5.2.3. to comply with a legal obligation;
5.2.4. to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.5. to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.6. to process personal information for credit reporting purposes;
5.2.7. to process personal information for direct marketing purposes (unless the User has opted out of receiving any direct marketing material);
5.2.8. to present content to the User in the most effective way for them and their viewing device and browser;
5.2.9. to customise and display content including, but not limited to products, articles, listings and advertisement to the User in a way that Learning Warehouse (Pty) Ltd feels may interest the User or be most beneficial to them;
5.2.10. to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by Learning Warehouse (Pty) Ltd with such content;
5.2.11. to enable the User to voluntarily participate in interactive features on the website;
5.2.12. to notify the User about changes to the website;
5.2.13. To contact the User regarding their orders and/or deliveries.

5.3. If Learning Warehouse (Pty) Ltd intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.

6. COLLECTION DIRECTLY FROM USER

6.1. Learning Warehouse (Pty) Ltd shall, as far as possible, always collect personal information about a User directly from the User, except in the following circumstances:
6.1.1. where personal information is collected from a public record, or from another source if the User has already made the information public;
6.1.2. where the User has given their written consent to Learning Warehouse (Pty) Ltd to collect their information from another source;
6.1.3. where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
6.1.4. where the collection of personal information from another source is necessary to maintain Learning Warehouse’s legitimate interests or those of any third party it intends sharing the information with;
6.1.5. where the collection of personal information directly from the User would prejudice the purpose for the collection;
6.1.6. Where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
6.2. If Learning Warehouse (Pty) Ltd collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
6.3. The User hereby consents to Learning Warehouse (Pty) Ltd requesting and obtaining credit information pertaining to the User from any reputable credit reporting agency or institution for the purpose of concluding any transaction for the sale of goods or services to the User on this website.
6.4. Personal information may be collected from or supplied by the User in any of the following ways:
6.4.1. during the process of registering as a member on this website;
6.4.2. provided by the User as part of their profile pages on the website;
6.4.3. when subscribing to a service, entering into a competition or promotion, or participating in a survey offered on this website;
6.4.4. when posting a comment, review, reply or recommendation on this website;
6.4.5. when requesting further services or information from Learning Warehouse (Pty) Ltd;
6.4.6. when contacting Learning Warehouse (Pty) Ltd to report a problem with the website or for any other reason;
6.4.7. When completing any forms on the website.
6.5. The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and Learning Warehouse (Pty) Ltd is entitled to copy, distribute or otherwise use such information without limitation.

7. COOKIES

7.1. “Cookies” are small text files transferred by a webserver to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
7.2. Learning Warehouse (Pty) Ltd uses Cookies on this website to:
7.2.1. distinguish one User from another on the website;
7.2.2. remember the User’s last session when they return to the website;
7.2.3. estimate the website’s audience size and usage patterns;
7.2.4. store information about the User’s preferences, which allows Learning Warehouse (Pty) Ltd to customize the website and content according to the Users individual preferences; and
7.2.5. Speed up searches on the website.
7.3. The provisions of this clause are only applicable to Cookies used by Learning Warehouse (Pty) Ltd. In some instances, third-party service providers may use Cookies on the website. Learning Warehouse (Pty) Ltd cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefor.
7.4. The User has the right and ability to either accept or decline the use of Cookies on their computer’s web browser, whether they are logged in as a member, or simply casually visiting the website. However, declining the use of Cookies may limit a User’s access to certain features on the website.

8. GENERAL CONDITIONS FOR PROCESSING PERSONAL INFORMATION

8.1. Learning Warehouse (Pty) Ltd shall comply with all laws, contracts or regulations when it processes a User’s personal information.
8.2. Learning Warehouse (Pty) Ltd shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
8.3. Learning Warehouse (Pty) Ltd shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
8.4. Similarly, if Learning Warehouse (Pty) Ltd needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
8.5. Learning Warehouse (Pty) Ltd shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
8.6. If there are any alternative ways to achieve the identified purpose/s without processing personal information, Learning Warehouse (Pty) Ltd shall not process that personal information.
8.7. Learning Warehouse (Pty) Ltd shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
8.8. Learning Warehouse (Pty) Ltd shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
8.9. Once Learning Warehouse (Pty) Ltd has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or Learning Warehouse (Pty) Ltd is required by law to retain the information for a longer period of time.
8.10. If Learning Warehouse (Pty) Ltd no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.

9. DISCLOSURE AND SHARING OF PERSONAL INFORMATION

9.1. Learning Warehouse (Pty) Ltd may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any sale or other transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of Learning Warehouse (Pty) Ltd.
9.2. The information shared and the categories of third party operators with whom it is shared is set out below:
9.2.1. Delivery and courier service providers (User’s address, contact name and telephone number may be supplied);
9.2.2. Payment Gateway Provider (User’s full names, credit card details);
9.2.3. Bulk email delivery providers (User’s email addresses).
9.2.4. Learning Warehouse (Pty) Ltd may also share aggregated information about Users of this website and their usage patterns. For example, Learning Warehouse (Pty) Ltd may provide a third party advertiser with information such as ‘’an average of 28% of new female visitors aged between 25 and 35 clicked on a certain page’’. Learning Warehouse (Pty) Ltd may also use such aggregated information to help advertisers target specific audiences.
9.2.5. Other than as stated in clause 9.1 and 9.3, Learning Warehouse (Pty) Ltd shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.

10. USER’S RIGHTS IN RELATION TO THE PROCESSING OF THEIR PERSONAL INFORMATION

10.1. Users shall have the following rights in relation to the processing of their personal information:
10.1.1. to access and correct any personal information held by Learning Warehouse (Pty) Ltd about them;
10.1.2. to object to the processing of their information; and
10.1.3. To lodge a complaint with the Information Regulator.
10.2. Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in Learning Warehouse’s PROATIA manual.

11. FURTHER PROCESSING

11.1. Learning Warehouse (Pty) Ltd shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:
11.1.1. where the User has consented to such further processing;
11.1.2. where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between Learning Warehouse (Pty) Ltd and the User;
11.1.3. where the further processing activities are linked to or compatible with the original purpose;
11.1.4. where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
11.1.5. where the further processing is necessary to enforce any law;
11.1.6. where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
11.1.7. where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
11.1.8. Where the further processing is necessary for historical, statistical or research purposes.
11.1.9. Learning Warehouse (Pty) Ltd shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.

12. ACCURACY, CORRECTNESS AND COMPLETENESS OF PERSONAL INFORMATION

12.1. Learning Warehouse (Pty) Ltd shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
12.2. However, if a User is aware of any personal information in Learning Warehouse’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to Learning Warehouse’s information officer at hello@learningwarehouse.co.za to update or correct the relevant information.
12.3. If a User has contested the accuracy of any personal information being used by Learning Warehouse (Pty) Ltd, it shall immediately stop using that information until its accuracy has been verified.
12.4. Learning Warehouse (Pty) Ltd reserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.
12.5. Where personal information that has been shared by Learning Warehouse (Pty) Ltd with a third party is subsequently updated or corrected, Learning Warehouse (Pty) Ltd shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.

13. SECURITY SAFEGUARDS

13.1. Learning Warehouse (Pty) Ltd is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
13.2. Learning Warehouse (Pty) Ltd takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
13.3. Learning Warehouse (Pty) Ltd shall ensure that in any contracts entered into with third party operators who process personal information on Learning Warehouse’s behalf, include the following obligations:
13.3.1. the operator shall not process any personal information without Learning Warehouse’s knowledge and authority;
13.3.2. the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
13.3.3. the operator shall establish and maintain adequate security measures, which are the same or offer similar protection over the personal information as that employed by Learning Warehouse (Pty) Ltd;
13.3.4. the operator shall notify Learning Warehouse (Pty) Ltd immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
13.3.5. if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
13.3.6. if an operator is legally obliged to disclose any personal information processed by them on Learning Warehouse’s behalf to other parties, it must notify Learning Warehouse (Pty) Ltd beforehand to enable Learning Warehouse (Pty) Ltd and/or individual Users to protect their rights if necessary.
13.4. Users must maintain the secrecy of any passwords used to gain access to this website and should change such passwords regularly.
13.5. Learning Warehouse (Pty) Ltd shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.

14. NOTIFICATION OF BREACH OF SECURITY

14.1. If personal information about a User is inadvertently leaked or Learning Warehouse’s security has been unlawfully breached by any unauthorised party, Learning Warehouse (Pty) Ltd shall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.
14.2. Learning Warehouse (Pty) Ltd shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.

15. DECISIONS BASED ON PERSONAL INFORMATION PROCESSED

15.1. If Learning Warehouse (Pty) Ltd is required to make a decision about a User using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the User an opportunity to request access to that record.
15.2. Learning Warehouse (Pty) Ltd shall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.
15.3. Learning Warehouse (Pty) Ltd shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to the User to enable them to make representations.
15.4. If Learning Warehouse (Pty) Ltd has made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receive notice or becomes aware of the error or inaccuracy of that information.

16. LINKED THIRD PARTY WEBSITE

16.1. This website may contain links or references to other websites, including those of advertisers (“third party websites“) which are not under Learning Warehouse’s control.
16.2. The provisions of this Privacy Notice are not applicable to third party websites and Learning Warehouse (Pty) Ltd shall not be responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.

17. DIRECT MARKETING

17.1. The User hereby consents to the processing of their personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS’s or electronic mail.
17.2. Where a User is a pre-existing customer of Learning Warehouse (Pty) Ltd shall be entitled, without the User’s consent, to sending electronic communications to the User for the purpose of marketing similar products or services offered by Learning Warehouse (Pty) Ltd.
17.3. The User may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from them or when each subsequent electronic communication is sent to them by Learning Warehouse (Pty) Ltd.
17.4. The User can opt out of receiving further marketing communications by un-checking certain boxes on the forms used on the website to collect their personal information, or by contacting Learning Warehouse (Pty) Ltd at hello@learningwarehouse.co.za.

18. CHILDREN’S PERSONAL INFORMATION

18.1. Learning Warehouse (Pty) Ltd shall not process any personal information relating to a person under the age of 18 years unless it has obtained consent from that person’s parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to Learning Warehouse (Pty) Ltd processing such information according to the further provisions of this Privacy Notice.

19. CROSS BORDER TRANSFER OF PERSONAL INFORMATION

19.1. Subject to clause 19.2, Learning Warehouse (Pty) Ltd does not intend sharing a User’s personal information with a third party in another country.
19.2. Learning Warehouse (Pty) Ltd may transfer personal information to another country in the following circumstances:
19.2.1. the transfer is necessary for the performance of a contract that Learning Warehouse (Pty) Ltd has with the User;
19.2.2. the transfer is necessary for the implementation of pre-contractual measures taken in response to the User’s request;
19.2.3. the transfer is necessary for the conclusion or performance of a contract with a third party, which is for the benefit of or in the interest of the User;
19.2.4. the transfer is otherwise for the benefit of the User; or
19.2.5. the User has consented to the transfer of their information.
19.3. If Learning Warehouse (Pty) Ltd is required to transfer personal information from South Africa to a third party in a foreign country, it shall ensure that the third party is subject to a law, binding code of conduct or contract which effectively upholds principles for the reasonable processing of personal information which are substantially similar to the data protection offered in the Republic of South Africa.

20. RETENTION OF INFORMATION

20.1. Learning Warehouse (Pty) Ltd will keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:
20.1.1. It is required by law to keep a record of such information for a longer period of time; or
20.1.2. It needs to keep a record of such information for another lawful purpose; or
20.1.3. It has a contractual obligation to keep a record of such information; or
20.1.4. The User has consented to their information being kept for a longer period.
20.1.5. Learning Warehouse (Pty) Ltd may, if it has de-identified personal information, kept such information for historical, statistical or research purposes. Learning Warehouse (Pty) Ltd shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.

21. RETURNING, DESTROYING OR DELETING PERSONAL INFORMATION

21.1. Where Learning Warehouse (Pty) Ltd is no longer authorised to retain a record of any personal information, it shall either:
21.1.1. ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
21.1.2. return the information to the User or transfer it to a third party, if requested by the User in writing to do so.

22. CONSENT

22.1. The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Notice.
22.2. The User acknowledges and agrees that such consent has been given voluntarily after the User has read and understood the provisions of this Privacy Notice, in particular, regarding the following:
22.2.1. the types of personal information to be processed;
22.2.2. the specific processing activities to be undertaken;
22.2.3. the specific purpose/s for such processing; and
22.2.4. the possible consequences for the User that may arise from such processing.
22.3. Should a User wish to withdraw any consent previously given by the User, they must notify Learning Warehouse’s information officer in writing.

23. LODGING AN OBJECTION

23.1. A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
23.2. If a User wishes to object to the processing of their personal information, they must send written notice of their objection to Learning Warehouse’s information officer, together with their reasons for doing so.

24. CHOICE OF LAW

24.1. This Privacy Notice shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

25. AMENDMENT OF THIS PRIVACY NOTICE

25.1. Learning Warehouse (Pty) Ltd reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Notice from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.
25.2. It is the User’s obligation to periodically check the provisions of this Privacy Notice for any such changes, updates, additions, removals or amendments.
25.3. The User’s continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Notice will be considered notice of the User’s acceptance to abide by and be bound by this Privacy Notice, as amended.

CONTACT

For more information on your rights to privacy over your information, or the information processing activities of Learning Warehouse (Pty) Ltd, please do not hesitate to contact us directly on hello@learningwarehouse.co.za.

Returns and Repairs

RETURNS – WRONG ORDER OR DAMANGED/FAULTY PRODUCTS

In the unlikely event that you haven’t received what you ordered, or if the product you ordered arrives damaged, please contact us as soon as possible, and not longer than 7 days after receipt of your order. We’ll make it a priority to correct and ensure it to be as hassle free as possible.

STEP 1 – CONTACT

Please email orders@learningwarehouse.co.za with the following information in the email:

1. Your order number (LWXXXX)
2. A contact number
3. Explain the reason for the return. If the wrong order has been delivered please do not open the product, or tamper with its original packaging. If the product has been opened you may be liable for the purchase of the product.
4. If the product is damaged (or if the wrong product has been delivered) please could you include a photo of the product in concern, this would be helpful.

STEP 2 – PICK UP/DELIVERY

Depending on the reason for the return and the time since your received the product, either we will arrange a courier to pick up or the return of the product back to our Learning Warehouse office (Fourways, Johannesburg) will be your responsibility.

Please note that in most cases a full refund will only be given if the product(s) arrive at the learning warehouse offices in a resalable condition so please ensure care is taken when repacking the product(s).

STEP 3 – PROCESSING

Once the product(s) arrive at learning warehouse we will process the return. This may take up to 3 days to complete. In the case of the wrong product being delivered, your correct order will be dispatched without delay.

STEP 4 – REFUND/REPLACEMENT

If you are eligible for a refund we will do so via EFT into an account of your choice. Please note EFT refunds may take up to 7 working days to reflect in your account.

If you are eligible for a replacement product, a new one will be shipped to you.
If your product requires maintenance or fixing, we will then be in contact with you as to the amount of time required; this will vary depending on the product.

DOES A RETURN COST ME ANYTHING?

This depends on the type of return and the time it has taken you to contact us from when the delivery was made and the reason why the product is being returned.
1. 0 to 7 days from delivery, wrong Order – Free
2. 0 to 1 month from delivery at customer request e.g. wrong size, don’t like it – but still in it’s original packaging and in a resalable condition. Customer will pay for delivery back to learning warehouse.
3. Defective product – This varies depending on the situation.
4. International – Customer will pay for delivery back to Learning Warehouse.

WHERE DO I SEND MY RETURN?

ATTN: Learning Warehouse Returns
Learning Warehouse Head Quarters
Building No. 1,
Prism Business Park,
Ruby Close,
Fourways,
Sandton
2068

To check out click here
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Refunds

How will I know that my refund has been processed?
We will send you an email notifying you of your refund as soon as it has been processed.
Note EFT refunds may take up to 7 working days to reflect in your account

To check out click here

How it Works

When confirming an order you have the option to have it shipped to a destination of your choice or you can choose to collect your order from our offices in Fourways, Johannesburg.

We use a third party provider to deliver our orders; we currently use the services of The Courier Guy to ship all our online national orders. The shipping cost will be automatically added to your cart, unless you have chosen to collect.

Shipping costs are calculated according to the product dimensions and/or weight and the area it is being shipped too. Our website is integrated with The Courier Guys shipping system, so you will easily be able to adjust your shipping needs.

To check out click here
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Shipping Costs

Standard Delivery takes 2 to 3 days to major centres and 3 to 6 days to regional areas.
Herewith the estimated costs;
• Johannesburg and Pretoria Flyer – R35 (ex Vat)
• Johannesburg and Pretoria Parcel – R55 (ex Vat)
• Gauteng (ex JHB & PTA) Flyer – R45 (ex Vat)
• Gauteng (ex JHB & PTA) Parcel – R60 (ex Vat)
• Main Centres (ex JHB & PTA) – R60 (ex Vat) up to 2kg / R80 (ex Vat) up to 5kg
• Regional Areas – R60 (ex Vat) up to 2kg / R80 (ex Vat) up to 5kg PLUS R60 surcharge up to 5kg’s.

To check out click here
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International Shipping

INTERNATIONAL ORDERS AND SHIPPING

If you are located outside of the borders of South Africa We can arrange for international shipping. Please email orders@learningwarehouse.co.za and we can get you a quotation including shipping, and the respective duties and customs that may be applicable.

To check out click here
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Delivery Times

HOW LONG WILL IT TAKE FOR MY ORDER TO ARRIVE

This will be based on the shipping method you select. On average orders are dispatched from our offices within 24 hours and take 1 to 3 working days to deliver to main centres. Please note the courier company only operates during working hours, Monday to Friday.

WHEN DO YOU DELIVER?

The courier company operates during working hours, Monday to Friday.

To check out click here
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Order Tracking

WHERE IS MY ORDER?

When your order leaves are offices, you are sent an email to notify you, this email will contain the waybill number and link to The Courier Guy’s website for easy tracking. Please let us know if you didn’t receive this. If you would like us to track your order for you please email us at orders@learningwarehouse.co.za

WILL THE COURIER CALL BEFORE DELIVERY?

We do pass on all customer requests to our courier company, but we cannot guarantee that the driver will be able to call you before he delivers your parcel. If the home address provided will not have someone there during office hours to receive the parcel, perhaps consider shipping it to your place of work.
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Standard shipping/courier terms

• These are door-to-door delivery services. We do not deliver to Post boxes.
• All delivery times are estimates only.
• Someone will have to sign for the parcel on delivery.
• Deliveries are normally made between 9am and 5pm.
• Unfortunately it is not possible to provide a more accurate time for your delivery.
• It is not possible to guarantee that a courier will contact you during the delivery cycle.

CAN I CHANGE THE DELIVERY ADDRESS AFTER  I HAVE ORDERED?

Yes, if your parcel is still in the Learning Warehouse then there should be no additional delay to your delivery. However if your new shipping address is to a new centre, then additional delivery fees may apply.

To change the delivery address please urgently contact us at orders@learningwarehouse.co.za

To check out click here
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Order Collections

CHOOSE TO COLLECT YOUR ORDER

You can choose to collect your order from our offices in Fourways, Johannesburg. Please select ‘Collect order’ in shipping options.

HOW WILL I KNOW WHEN TO COLLECT MY ORDER?

Once your order has been packed you will be sent an email to let you know that your order is ready for collection. This email also has our office address. Please don’t arrive at Learning Warehouse before you have received this email. Generally your order will be ready for collection with 24hrs of placing your order.
If you need your order in a hurry, please email us at orders@learningwarehouse.co.za and we will be sure to help you out!

WHERE AND WHEN CAN I COLLECT MY ORDER?

We’ll send you an email the minute your parcel is ready for collection. Please note collections can be made between 08:30 and 17:00 Monday to Friday.

Our address is:
Learning Warehouse Head Quarters
Building No. 1,
Prism Business Park,
Ruby Close,
Fourways,
Sandton
2068

Find us on google maps here

To check out click here
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Grouping Orders and Packing

CAN YOU SHIP MY ORDER IN DIFFERENT BOXES?

Unfortunately not, if you would like the orders shipped in separate boxes, two separate orders would need to be placed.

CAN YOU SHIP MY 2 SEPARATE ORDERS TOGETHER?

If you’ve placed two separate orders and would like them shipped together please get in touch with us before your order is shipped at orders@learningwarehouse.co.za. Where possible, if our team notices multiple orders for the same person/address we’ll ship them together for you.

CAN I BUY MULTIPLE ITEMS IN 1 ORDER AND SEND THEM TO MULTIPLE PEOPLE?

Unfortunately not, you would need to place individual orders.

To check out click here

Payment Options

You can pay for your order by credit card or via EFT.

PAYING WITH A DEBIT CART

As long as your debit card meets the following criteria, it will be accepted.
1. Has the Visa or MasterCard Logo.
2. Is a credit, cheque or debit card.
3. Cash cards will not be accepted.
4. Registered for 3D Secure. If receive One Time Pins (OTPs) via SMS or email from your bank, use online banking services, then you will be fine.
5. If not, then you will need to register with your bank either online or in the branch.

PAYING WITH A CREDIT CARD

1. Click “”Place Order”” button.
2. You will be directed to the PayFast secure payment gateway web page. You will be sent a one-time pin (OTP) via SMS or email from your bank.
3. Enter in the OTP and proceed.
4. Payment Success – You will be redirected back to the Learning Warehouse website with a “”Thank You”” Message
5. Payment Failure – You will be redirected back to the Learning Warehouse with a “”Payment Failed”” Message. You can either try again or select to pay by EFT. You can try as many times as you like without having to make a new order by going through your Learning Warehouse profile (members only). Click on your name in the top right corner of the website to visit your profile.

Where do I find the CVV number?
The CVV Number (Card Verification Value) is the last 3 digits found on the back side of your on your VISA® and MasterCard® branded credit and debit cards.

IS PAYING BY CREDIT CARD SAFE?

All credit card transactions take place on a secure page (3D Secure Site). We use PayFast as our payment gateway, who only use the strictest form of encryption, and no credit card details are stored on our website. Learn more about PayFast security here.

If you are concerned about inputting your credit card details online you may also use SnapCan which usings a smart phone app and your details will not be stored online but rather on your own mobile phone.

PAYING WITH SNAPSCAN

SnapScan is a convenient cashless and cardless payment option which allows you to pay with your smartphone. The app is currently supported on Apple iPhones, smartphones running the Android operating system and most BlackBerry phones.
If you are new to SnapScan and are paying from a computer or tablet, please make sure you first download the app for your phone here.
1. Click the “Pay with SnapScan” button to proceed to payment.
2. Open the SnapScan app and use your phone’s camera to scan the SnapCode displayed on screen.
3. Enter your 4-digit SnapScan PIN.
4. Click the “Pay” button to complete your purchase.
5. Your order will be processed.

PAYING VIA EFT

There are two ways to pay via EFT.
1. Instant EFT through PayFast: this allows instant verification of your EFT payment. If you bank with ABSA, FNB, Nedbank or Standard Bank, then you will be able to use this service. There is no delay in the checkout and no need to send proof of payment.
2. Pay via EFT through your bank: if you select this option, you will be sent an email to the address you supplied during the checkout process or when you signed up. Please follow the instructions in the email you receive. You will need to supply proof of payment. If you have changed your email address or do not receive the email, please email orders@learningwarehouse.co.za

PAYMENT ON DELIVERY OR COLLECTION

All orders must be placed and paid for online before an order will be processed.

PROOF OF PAYMENT

We will only accept an official bank generated PDF proof of payment. No copied text or screen shots will be accepted. When making your payment you should have the option to include an email address for sending proof of payment, if you put ours in, it will come straight to us – orders@learningwarehouse.co.za .

BANK DETAILS

Learning Warehouse bank details for EFT Bank Transfer payments:
Name: Learning Warehouse
Account Number: 62550914785
Bank: First National Bank, Fourways
Branch Code: 250655
Reference Code: (your order number LWXXXX)
Proof of Payment: Please send to orders@learningwarehouse.co.za

To check out click here
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Payment Completion

INVOICES

An invoice is automatically supplied for every order, it will be emailed to the address you supplied at checkout or when you signed up.

PAYMENT NOTIFICATIONS

As soon as we receive your payment we will send you an email to confirm that your payment has been processed and that all is in order.
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Payment Issues

LOST CONNECTION

If your payment was successful you will receive notification via email confirming your payment and order. If you do not receive confirmation, then please try again or select to pay via EFT. Once in your profile, your order remains in your cart until checkout or until you delete it, therefore you can try again as many times as you like without having to recreate your order.

Order Tracking

TRACKING MY ORDER

When your order leaves our office you will receive an email including the information of the courier company and the details, which will allow you to track your order.

ORDER DID NOT ARRIVE

Please contact us at orders@learningwarehouse.co.za and we will track your order for you.

WRONG ORDER OR DAMAGED/FAULTY PRODUCTS

In the unlikely event that you haven’t received what you ordered, or if the product you ordered arrives damaged, please contact us as soon as possible, and not longer than 7 days after receipt of your order. We’ll make it a priority to correct and ensure it to be as hassle free as possible.

STEP 1 – CONTACT

Please email orders@learningwarehouse.co.za with the following information in the email:

1. Your order number (LWXXXX)
2. A contact number
3. Explain the reason for the return. If the wrong order has been delivered please do not open the product, or tamper with its original packaging. If the product has been opened you may be liable for the purchase of the product.
4. If the product is damaged (or if the wrong product has been delivered) please could you include a photo of the product in concern, this would be helpful.

STEP 2 – COLLECTION/RETURN

Depending on the circumstances we may arrange a courier to collect the product concerned alternately you may be asked to return it to the Learning Warehouse office (Fourways, Johannesburg).

Refunds may only be issued if the product(s) arrive at the Learning Warehouse offices in a resalable condition so please ensure care is taken when repacking the product(s).

STEP 3 – PROCESSING

Once the product(s) are received at Learning Warehouse we will process the return. This may take up to 3 days to complete. In the case of the wrong product being delivered, your correct order will be dispatched without delay.

STEP 4 – REFUND/REPLACEMENT

If you are eligible for a refund we will do so via EFT into an account of your choice. Please note EFT refunds may take up to 7 working days to reflect in your account

If you are eligible for a replacement product, a new one will be shipped to you.
If your product requires maintenance or fixing, we will then be in contact with you as to the amount of time required; this will vary depending on the product.

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Order Cancellations

CANCELLING MY ORDER IF i HAVE ALREADY PAID

If you have already paid for your order and have not yet received an email notifying that your order has already been shipped, please contact us at orders@learningwarehouse.co.za.

CANCELLING MY ORDER IF I HAVE NOT YET PAID

If you have not paid for your order within 7 days of receiving your order confirmation, we will send you an email notification. We’ll cancel it 48 hours thereafter if payment is not received.

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Placing an Order

ADDING ITEMS TO YOUR CART

1. When viewing products, if you see something you like, simply select the ‘Add to Cart’ button. If you are just browsing, but would like to have the item added to your ‘wish list’ then select the heart icon.
2. When you are ready to pay for your order, click on the shopping cart icon, your items will be displayed.
3. Once your shopping cart is displayed, you are able to make adjustments to the quantities or add and remove items if necessary. Select your shipping method and include a coupon code if available. Update your Cart. When you are happy with your cart, select the ‘Proceed to Check out’ button.
4. If you hadn’t already entered your shipping address to your profile, you can do so now, alternatively if you would like to ship to an alternative address than that already saved in your profile, you can also add that address now. Select your shipping method and include a coupon code if available.
5. Review your order and delivery details one last time, select your payment method and agree to the Terms and conditions before clicking on the ‘Place Order’ button.
6. If you opt to pay with a credit card you will be directed to PayFast’s secure payment portal to complete the payment. You may also use the SnapScan option to pay via smartphone if you have the SnapScan app loaded on the device. If you do not have the SnapScan app loaded please follow the instructions on the payment page. If you would prefer to pay via EFT click on the ‘Pay by EFT’ button and we’ll send you an order reservation email with our banking details. Hold onto your order number for any questions you may have.

PLACING AND ORDER WITHOUT AN ACCOUNT

All purchases require you to have a Learning Warehouse account, please update your details regularly, or at very least preview your details before making a purchase to ensure your delivery address is correct.

INTERNATIONAL ORDER RESTRICTIONS

Currently we are only shipping to locations within the borders of South Africa. If you live outside of South Africa and would like to order please email us directly at orders@learningwarehouse.co.za.

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Editing an Order

Editing an order once it has been paid for
If you wish to make changes after you have confirmed and paid for your order, you will need to contact us, so we can assist you, at orders@learningwarehouse.co.za. Please do so as soon as possible, as we endeavor to dispatch our orders as quickly as possible. Once the order has been dispatched, we will be unable to make changes.

Editing and updating your cart before payment has been made
You are able to adjust the quantities of products in your cart, as well as removing items you no longer wish to buy. You can remove items by selecting the X next to the product in the table. Adjusting quantities is as simple. Please remember to select the ‘Update Cart’ button to affect your changes.

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