Terms & Conditions

1. About this section

This section sets out our general terms governing use of PSP’s website.

2. Your Agreement

By using our website, you confirm your agreement to these website terms of use, and you undertake to comply with them.

3. Copyright notice

This document, and all content of our website is Copyright © Western Cape Primary Science Programme (PSP). ALL RIGHTS RESERVED.

4. About us these website terms of use

These are the website terms of use of Western Cape Primary Science Programme (PSP) (referred to as “we“, “us” or “our“).

PSP is a registered Non-Governmental (NGO) Non-Profit organization under the laws of South Africa. Our registration number is IT2806/99, NPO 015-822-NPO, PBO 18/11/13/1351, and our address Edith Stephens Nature Reserve, Govan Mbeki Road, Philippi, 7785, South Africa.

5. Contacting us

If you have any questions about our website or these terms of use, including any complaints, please contact us either by e-mail to info.@psp.org.za, telephone on 021 691 9039, or by post to P.O. Box 24158, Lansdowne, 7779.

6. What do these terms cover?

These website terms of use set out the terms on which our website and e-mails may be visited, browsed and used, and are supplemental to any other terms we may apply from time to time.

References to “you” and “your” are to any person who visits, browses, or otherwise uses our website or receives any of our e-mails.

7. What websites to these terms cover?

These terms cover our website: https://www.psp.org.za.

8. Languages

Our website and any transactions conducted through this web website are in the English language(s) only.  We do not offer any other languages at the moment.

9. Accessing our websites

9.1         Website Availability

Our website will only be available at such times as we may decide, and we do not guarantee that our website, or any website content, will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our website at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure that our website are available to you at any time.

9.2         Your systems

You are responsible for making all arrangements necessary for you to have access to our website, including compatible software and arranging internet access.  You are also responsible for ensuring that all persons who access our site through your internet connection or computer are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

9.3         No misuse

You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, the server on which our website are stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence, including under the Electronic Communications and Transactions Act, no. 25 of 2002 and any other applicable Law.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

10. Completing forms and error correction

10.1      Mandatory Information

When completing any enquiry or forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data.  Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.

10.2      Accuracy of your information

When you submit any information to us, including in connection with an enquiry or order, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is.  We will rely on your information provided.

10.3      Error Correction

When you are carrying out any enquiry or order, or other process on our website, you may at any time before submitting use the back button on your browser to go back and correct or change any information.  If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it.

11. Purchases

11.1      Eligibility

You must be eighteen (18) years old or over to order from us.

11.2      Ordering process

Our website is not a legal offer. To order from us using our website you must follow the procedure set out on our website, and a contract will not be formed except in accordance with the procedure explained on our website.

11.3      Our supply terms

All products supplied are subject to terms and conditions of supply, available on request, and these website terms of use do not set out our other terms of supply. You agree that if an order is made by or for you, that our terms of supply shall apply.

This document does not set out terms of supply. For more information about PSP’s resources and terms of supply click:   PSP teaching and learning materials.

12. Our Website Content

For the purposes of these terms “our website content” is defined as everything making up our website or which is otherwise downloaded as part of or through our website, including any services, functionality, trademarks, logos, graphics, photographs, images, sounds, music, video, audio or text on our website, and including any code comprised in our website such as javascripts, flash objects, cookies, HTML, and CSS.  However references to “our website content” does not include anything you post to our website, including through use of any community functionality we provide on our website as detailed below.

12.1      Not advice

Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our website and website content is entirely at your own risk.

12.2      Validity and Change

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. In any event, our website content is only valid at the time it is downloaded, and may change on a subsequent visit to our website. We shall be entitled to change our website content from time to time, and cease providing any particular website content (including part, functionality or service of our website), without notice, and for any reason.

12.3      Errors

We do not guarantee that our website or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any order you have submitted or contract you have entered into with us on the basis of it. If any correction affects any order you have submitted or contract you have entered into with us to your material detriment, then we will give you the opportunity to cancel the order or contract rather than accept the change.

12.4      Viruses

Whilst we make all reasonable attempts to exclude viruses from our website and website content, we cannot ensure that there will be none or that our website will not be subject to unauthorised access or modification. Thus, you are recommended to take all appropriate safeguards on your computer or other device (including installing appropriate protective software) before downloading any of our website content.

12.5      Third Party Website

If we include a link to a third party website (e.g. a banner advertisement) in our website content then you should note that these third party website are not our responsibility and you visit them at your own risk. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services or other situations at or related to or from any other site.  We are not responsible for the direct or indirect consequences of your navigating to any other website from our website. If you supply any personal data to them, you should read their privacy policy.

12.6      Our Copyright

You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and in the selection and arrangement thereof) is and remains our sole and absolute property. You are granted no right, licence or interest in or to our website content or any intellectual property rights in it, except for the browsing licence detailed below, and all other rights are reserved.  In particular you are not permitted to screen scrape or otherwise copy or use our website content except for the purposes of browsing our website as a customer or potential customer under the licence below.

12.7      Browsing Licence

We hereby grant you a licence to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browsing and using our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you are again doing so as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our website, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above download licences at any time.

12.8      Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

13. Your conduct and content

13.1      Use of our website

You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our website or any underlying systems. You must not use our website to market or advertise any third party, including any products or services.

13.2      Community functionality

We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality from time to time, which enable you and others to post content to our website. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms and conditions, we may deny you access to our website on a temporary or permanent basis. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using out community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.

13.3      Your content

You shall ensure that anything your post to our website (including text and pictures), whether through any community functionality or otherwise: (a) reasonably relates solely to us and our products and services; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or defamatory in nature, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trademarks or our website content; (h) is not personal data of a third party; (h) is not using our site to promoting and advertise any businesses, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software.  Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.

13.4      Licence of your content

In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable, licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.

14. Disclaimer and Limitation of Liability

14.1      No prejudice to consumer rights

If you are acting as a consumer (i.e. an individual acting for their private purposes not associated with a business or profession) nothing in these terms shall affect your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.

14.2      No prejudice to contracts with us

The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of an order made by you, but such contract shall be subject to any separate conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.

14.3      No limitation of liability for personal injury and fraud

We do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

14.4      Disclaimer of negligence

We disclaim and exclude any duty of care which we may owe you in respect of our website and website content, and we shall have no liability to you in negligence with respect to our website or website content.

14.5      No promise as to quality and exclusion of implied terms

We provide each of our website and website content “as is” and “as available”, without warranty, guarantee, or promise as to its quality, condition, fitness for purpose, availability, suitability, or functionality.  We do not represent or warrant that our website content is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our website content.  We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favour, with respect to our website or website contents.

14.6      Fitness for purpose

Our website content has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products from us that they are suitable for your purposes.

14.7      No liability for business losses

Where you are a consumer, we have no liability to you for any losses relating to any business or occupation, including loss of profit, loss of revenue, loss of business or contract, business interruption, or loss of business opportunity.

In any other case, we shall not be liable to you for any loss damage or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non-availability or interruption of our website or website content, or relying on our website or website content.  In particular, we shall not be liable for any loss, damage or liability suffered by or in relation to any business, profession, occupation or organisation, even if we have been advised of the possibility of such loss, including: (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.

14.8      No liability for force majeure

We will not be liable for anything caused by event or circumstance beyond our reasonable control.

14.9      No liability unless our fault

We shall not be liable for any losses unless they are caused by any negligence, or breach of any law or legal or contractual obligation on our part. We shall not be liable for any losses caused by any act or omission on your part.

14.10   No liability for loss not foreseeable

We shall not be liable for any loss or damage which was not foreseeable.

14.11   Meaning of liability

References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any applicable statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our website, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.

15. Changes to these terms

We may change these website terms of use at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be sure that you are aware of any changes.  You should check the top of the document to see the latest version in force.  Any change will be prospective only, and we will not make any changes that have retroactive effect unless legally required to do so.  By continuing to use our website after any such change you will be considered to have accepted the change.

16. Applicable Law and Disputes

These terms, your use of our website, and any claim relating to our website or based information on our website, is subject to the law of the Republic of South Africa, and you must bring any claims against us exclusively in the courts of South Africa.

Privacy Policy

The Western Cape Primary Science Programme (PSP) is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

The Western Cape Primary Science Programme (PSP) may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 March 2016.

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postal code, preferences and interests

We require this information for the following reasons:

• Internal record keeping.
• We may use the information to improve the teaching and learning resources supplied through the PSP website.
• We may periodically send promotional emails about new materials, special offers or other information which we think you may find interesting using the email address which you have provided.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

We may use your personal information to send you promotional information which we think you may find interesting if you tell us that you wish this to happen.

PSP Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by the Western Cape Primary Science Programme (PSP) and while we endeavour to keep the information up to date and correct. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of the Western Cape Primary Science Programme (PSP). We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, the Western Cape Primary Science Programme (PSP) takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright notice

This website and its content is Copyright © Western Cape Primary Science Programme (PSP), 2016. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit part or all of the website contents or store it in any other website or other form of electronic retrieval system.

Purchases

1. After submitted, orders may be cancelled, in whole, or in part, or varied in any manner whatsoever, and can be confirmed in writing to the Western Cape Primary Science Programme (PSP) to info@psp.org.za.

2. Prices
   Quoted prices are inclusive of VAT, unless otherwise stated.

3. Payment Methods

The following methods of payment will be accepted for online purchases:

• Credit Card via Secured Website:
  You can use our secure online shopping cart to make your purchase and pay with your Visa or MasterCard. Your order will only be dispatched once the funds have cleared into our bank account.
• Direct Deposit/EFT:
  The PSP are happy to accept payments made directly to our bank account via electronic funds transfer or bank deposit. To use this option please select Direct Deposit in the checkout process. Please note that our website will show our bank details on the confirmation page. Please use your Western Cape Primary Science Programme (PSP) reference number or South African ID number as a reference so we can match the payments on our end for faster delivery. Your order will only be dispatched once the funds have cleared into our bank account.

4. Delivery

• The PSP will deliver your order/package where applicable in South Africa to the address stipulated on your application forms. All orders/packages will be dispatched either via the South African Postal Service or via a designated courier service.
• The PSP will endeavour to have all orders dispatched within 10 workings days of your order being placed once payment has cleared into our account.
• If/when stocks are low, delivery may be delayed.
• PSP is not liable for any incorrect order or delivery where you make an error in the information that you provide to PSP e.g. if you provide the incorrect delivery address or submit an incorrect order.
• You acknowledge that the delivery of your order may be impacted by events beyond PSP’s control such as adverse weather conditions or industrial action. PSP is not liable for late deliveries of products purchased through the PSP website. PSP will, however, try to ensure a smooth delivery process.

5. Cancellations
   Orders may be cancelled at any time. The PSP will not be held accountable for any decision for cancellation made.

6. Refunds

• Should you receive incorrect or damaged goods, please contact the PSP within 7 days of receipt and we will arrange, as appropriate and depending on availability, a goods exchange, credit or refund.
• We may require you to return to us the goods with proof of purchase before actioning an exchange, credit or refund request.
• We will be pleased to consider exchange, credit or refund for other reasons, but the decision whether to grant this will be at our discretion.
• Any refund will be made using your original payment method or another method at our discretion.
• To make a claim or request a refund, exchange, credit or for further information please send an email to info@psp.org.za

7. Pricing changes

PSP reserves the right at any time and without giving you any advance notice to make changes to the prices of PSP’s teaching and learning resources that are sold through the PSP website, and to correct any pricing errors that may inadvertently occur.

8. Costs
   If the Buyer is in any way in breach of the agreement and the PSP engages legal services to collect the whole or portion of the amount owing to it by the Buyer, or to sue for any other damages as a result of breach by the Buyer, the Buyer shall be liable to pay all costs occasioned as a result thereof, including collection charges and costs on an attorney and own client scale.