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User Terms

User Terms and Conditions

The Gapup website (“Website”) and related services (together with the Website, the “Service”) are operated by Studygap pty (Ltd) (“StudyGap”, “us” or “we”). Access and use of the Service are subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Gapup may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for a reasonable period following such update, and by changing the effective date (located at the bottom of this page). Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

Description of Website and Service
The Service allows users (students) to (i) master their studies and prepare for examination online. Users interested in learning or practising are presented with different types of educational activities. Gapup may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

Registration
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by Gapup; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Gapup, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

No Academic Credit
Participation in or completion of a Past Exams does not confer any academic credit. Gapup, course/ Interactive Past Exams instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization as our services are designed to support and improve students academic performance.

Disclaimer of Student-University Relationship
Nothing in these Terms or otherwise with respect to your participation in any services: (a) establishes any relationship between you and any educational institution with which Gapup may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in our services.

Use of the service
You may access and use the Service only for your study purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this agreement; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are entirely responsible for any activities that occur under your login or account. You agree and acknowledge that one (1) person may only use your login – a single login shared by third parties (multiple people) is not permitted. Gapup reserves the right to access any or account to respond to your requests for technical support.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) communications over various networks; (b) changes to conform and adapt to technical requirements of connecting systems or devices and (c) transmission to Gapup’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

The failure of Gapup to exercise or enforce any right or provision of this agreement shall not be a waiver of that right. You acknowledge that this agreement is a contract between You and Gapup, even though it is electronic and is not physically signed by you and Gapup, and it governs your use of the Service and takes the place of any prior agreements between You and Gapup.

How Gapup and Others May Use User Content
To the extent that you provide User Content, you grant Gapup a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Gapup the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Gapup may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason; including User Content that we believe violates these Terms.

Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Gapup does not waive any rights to use similar or related Feedback previously known to Gapup, developed by its employees or contractors, or obtained from other sources.

Your Representations and Warranties
You represent and warrant to Gapup that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Constitution of South Africa and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from South Africa and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit to Gapup and that you have the right to grant us a license to use that material.

Inappropriate Use
You will not share you login details, services rendered with third parties (other students), upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Gapup’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Gapup or its users to any harm or liability of any kind.

Indemnification of Gapup
You agree to defend, indemnify and hold harmless Gapup and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

No Representations or Warranties
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Gapup are provided to you on an “as is” basis. Gapup and its suppliers make no representations or warranties of any kind concerning the service, either express or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the preceding, Gapup does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Third Party Content
Through the Services, you will have the ability to access and use content provided by instructors, other users, and other third parties and links to websites and services maintained by third parties. Gapup cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Gapup disclaims any responsibility or liability related to your access or use of such third party content.

Limitation on types of Damages/Limitation of Liability
In no event will Gapup be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Gapup has been advised of the possibility of such damages. Group’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Gapup for the service in the 12 months before the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

Termination
Gapup may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Gapup account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Gapup’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

Education Research
Gapup is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your identity will not be publicly disclosed in any research findings without your express consent.

Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Gapup or third parties, example licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Gapup, all data and information generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Data”), shall be exclusively owned by Gapup, and you shall not have any right to use such Activity Data except as expressly authorised by these Terms and Conditions. Activity Data will not include material you submit for translation or any resulting translation. By using the Service, you at this moment assign to Gapup any rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Gapup or its licensors that are not expressly granted in these Terms and Conditions are reserved to Gapup and its licensors.

Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE STUDYGAP PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE Gapup PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Trademarks
“Gapup” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Gapup or their respective owners. Access and use of the Service do not grant or provide you with the right or license to reproduce or otherwise use the Gapup name or any Gapup or third-party trademarks, service marks, graphics or logos.

Last revised on 20th May 2018

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