EduTalks

South Africa’s open access educational platform

Terms & Conditions

These terms apply to your use of the EduTalks (EduTalkz) service and website.

Please read these terms carefully

THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE EduTalkz Service. PLEASE READ THEM CAREFULLY.

1.         The EduTalkz Service and Your Agreement with these EduTalkz Terms

1.1.       EduTalkz SA NPC (Reg number 2007/033618/08) (“EduTalkz” or “we” or “us” or “our”) provides a streaming service (the “EduTalkz Service”) through which a Subscriber as Licensor licenses and streams audio-visual presentations, lectures, and lecture content on topics related to healthcare, as well as advertisements for goods and services.  We call the presentations, lectures, and lecture content “Talkz”.  We call the presentations, lectures, lecture content, and advertisements “Content”.

1.2.       A Subscriber uses an electronic device connected to the internet (“Device”) to stream the Content.  You are responsible for reviewing and checking these EduTalkz Terms, including any changes that we may make to them.

1.3.       We make the EduTalkz Service available on these terms and conditions (these “EduTalkz Terms”).

1.4.       You are not allowed to make any use of the EduTalkz Service if you do not agree to these EduTalkz Terms.  If you make any use of the EduTalkz Service, it will mean that you agree to these EduTalkz Terms.  If you do not agree to these EduTalkz Terms, you must immediately stop using the EduTalkz Service.

1.5.       We make the EduTalkz Service available on the website www.EduTalkz.com or at such other URLs as we may choose from time to time (the “EduTalkz Website”).

1.6.       The following are incorporated into and form part of these EduTalkz Terms:

1.6.1.          our privacy policy, which is available at (“Privacy Policy”); and

1.6.2.          the general terms of use for the EduTalkz Website, which is available at (“Website Terms of Use”).

Therefore, by agreeing to these EduTalkz Terms, you also agree to the Privacy Policy and to the Website Terms of Use as if they had been written in full in these EduTalkz Terms.

1.7.       These EduTalkz Terms also apply to any Content that is cached when using the EduTalkz Service.

2.         Changes to these EduTalkz Terms

2.1.       We may, at any time, change these EduTalkz Terms.

2.2.       We will notify you if we change these EduTalkz Terms.  We will do this by sending you an email, or when you access the EduTalkz Service or the EduTalkz Website, or when you log into the account that we create for you after we have accepted your registration to use the EduTalkz Service (“EduTalkz Account”).  [Note: In the notifications, it will not be necessary to specify the changes.  They need just state that changes have been made and contain a link to the updated EduTalkz Terms.]

2.3.       If you continue making any use of the EduTalkz Service after we have notified you of any changes to these EduTalkz Terms, it will mean that you agree to the changes.  If you do not agree with any of the changes, you must immediately stop using the EduTalkz Service.

3.         Who May Use the EduTalkz Service

3.1.       A “Subscriber” is a person who has completed the registration process that we prescribe for using the EduTalkz Service and whose registration we have accepted.

3.2.       You may only use the EduTalkz Service if you comply with these EduTalkz Terms and you are registered as a Subscriber.

3.3.       The specialised nature of the Content means that it is intended to be fully and safely understood only by people who have qualifications and skills in certain healthcare professions.  Therefore, you may register as a Subscriber only if you are registered with a Regulatory Authority as a Healthcare Practitioner, an intern Healthcare Practitioner, or a student Healthcare Practitioner.

3.4.       Healthcare Practitioners” include medical doctors, dentists, optometrists, paramedics, physiotherapists, podiatrists, psychologists, nurses, dieticians, medical technologists, paramedics, acupuncturists, ayurveda practitioners, chiropractors, homeopaths, naturopaths, osteopaths, phytotherapists, therapeutic aromatherapists, therapeutic massage therapists, and therapeutic reflexologists. 

3.5.       A “Regulatory Authority” is a body established by law and with which a person must register in order to be a Healthcare Practitioner, an intern Healthcare Practitioner, or a student Healthcare Practitioner in his/her country, and which we recognise.  In South Africa it includes the Health Professions Council of South Africa, the Allied Health Professions Council of South Africa, and the South African Nursing Council.

3.6.       If your registration with your Regulatory Authority ends for any reason, you must immediately stop using the EduTalkz Service and cancel your registration as a Subscriber in the way set out in clause 13.1 .

3.7.       We may refuse to let you register as a Subscriber, refuse to let you use the EduTalkz Service, or cancel your registration.  We may do this in our sole discretion and without giving you reasons and even if you complete the registration process and agree to these EduTalkz Terms.

4.         Subscription Period

4.1.       A person’s subscription to the EduTalkz Service will start when he/she registers to use the EduTalkz Service and we accept the registration.

4.2.       A Subscriber’s subscription will continue until it is ended by the Subscriber in the way set out in clause 13.1 or is ended by us in the way set out in clause 13.2 .

5.         Your Information

5.1.       All information and documents you give us must be truthful, accurate, complete, and not misleading.  This includes the information that we require you to provide in the registration process and at any time after that.

5.2.       If any of the information you give us changes or is incorrect or incomplete, you must tell us as soon as possible.  If you do not tell us, we will continue to use and rely on the most recent information that you gave us.

5.3.       You will be able to edit your own information by logging into your EduTalkz Account through the EduTalkz Web Site.  

6.         Keep Your EduTalkz User Name and Password Secure and Secret

6.1.       After you complete the registration process, we will create your EduTalkz Account.  To access your EduTalkz Account and to use the EduTalkz Service, you will need to use your user name and password.

6.2.       You are responsible for all use of your EduTalkz Account and your user name and password.

6.3.       You must take all appropriate measures not to share, display in public, or in any other way let your user name or password become known to anybody except our staff.

6.4.       If you suspect that anybody (other than our staff) knows your password, you must change it immediately through the EduTalkz Website.

6.5.       Only you may use the EduTalkz Service through your EduTalkz Account.  If somebody else uses the EduTalkz Service, or performs any other act, through your EduTalkz Account, we will treat that use or other act as if it was done by you.

6.6.       We will not be responsible for any loss or damages you may suffer if somebody else uses your EduTalkz Account, user name, or password.

7.         Devices and Other Equipment and Facilities

7.1.       To access and use the EduTalkz Service, your Devices must meet the minimum technical specifications set out on the EduTalkz Website.  We will not be responsible for your inability to use the EduTalkz Service due to limitations of any Device.

7.2.       You are, at your own cost, responsible for obtaining and maintaining the Devices, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, services, products, software, systems, materials, applications, platforms, and the like (“Technology”), needed to access the internet and to use the EduTalkz Service.

7.3.       If a Device or any internet connection through which you use the EduTalkz Service does not belong to you, you confirm and promise that the owner of the Device or internet connection has given you permission to use the Device or internet connection.

7.4.       We are not responsible for any internet access charges, service provider charges, data usage charges, or any other charges, incurred in using the EduTalkz Service.

7.5.       The quality of the EduTalkz Service and the Content, and your ability to use the EduTalkz Service, including the time it takes to stream Content, may be affected by various factors, such as your location, the bandwidth available, your Device and its functionality or capabilities, the speed of your internet connection, the services provided by the service providers, and the telecommunications facilities being used.

7.6.       We give no warranties and make no representations about the quality of your experience, the time it takes to stream any Content, the bandwidth or other data that will be required to stream any Content or otherwise to use the EduTalkz Web Site.

8.         What You are Allowed and Not Allowed to Do

8.1.       The EduTalkz Service may only be used by you, in a lawful manner, in the way that we specifically intend, and for your personal and non-commercial purposes (the “Permitted Use”).

8.2.       You must not, directly or indirectly, do any of the following things or allow anybody else to do them using your EduTalkz Account:

8.2.1.          violate any of these EduTalkz Terms;

8.2.2.          display, distribute, communicate, transmit, publish, or broadcast any Content to anybody other than you;

8.2.3.          download or store any Content;

8.2.4.          violate any of the Intellectual Property Rights listed in clause 14 ;

8.2.5.          use any Technology or other means to access, index, frame, or link to the EduTalkz Service (including any Content) in a way that we do not expressly allow;

8.2.6.          use any Technology or other means to remove, disable, bypass, or circumvent any protection on Content or mechanisms to control access to Content, including those intended to prevent the unauthorised accessing, downloading, streaming, capturing, indexing, framing, linking, reproducing, using, or distributing of any Content;

8.2.7.          use any Technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or other technology or identifying information contained on a Device;

8.2.8.          access the EduTalkz Service (including any Content) through any automated means, including through the use of “robots”, “spiders”, or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices  (but not caches or archives) of the EduTalkz Service or any of the Content but excluding search engines or indices that host, promote, or link primarily to infringing or unauthorised content;

8.2.9.          introduce any “viruses”, “trojan horses”, computer code, malware, instructions, devices, or other materials that are designed to, or can reasonably be expected to, disrupt, disable, harm, or otherwise in any manner impede or interfere with the operation of any Device, Technology, service, data, storage media, programme, equipment, or communications (“Destructive Code”) into any Content or the technology used by EduTalkz or any other person;

8.2.10.       damage, disable, overburden, impair, or gain unauthorised access to any Content, the EduTalkz Service, the EduTalkz Website, technology used by EduTalkz or any other person, or the EduTalkz Accounts of other Subscribers;

8.2.11.       remove, modify, disable, block, obscure, or otherwise impair, any advertisement displayed on, or used in connection with, the EduTalkz Service or the EduTalkz Website;

8.2.12.       use the EduTalkz Service to advertise or promote products or services that we have not expressly allowed you in advance and in writing to advertise or promote;

8.2.13.       collect or process information in violation of our Privacy Policy;

8.2.14.       use the EduTalkz Service (including any Content) or the EduTalkz Web Site to commit any acts, or encourage the commission of any acts, that would constitute a criminal offense or give rise to civil liability;

8.2.15.       interfere with any other person’s use or enjoyment of the EduTalkz Service or the EduTalkz Website;

8.2.16.       attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the EduTalkz Service, the Content, or the EduTalkz Website; or

8.2.17.       allow any other person to use or access the EduTalkz Service or any Content using your EduTalkz Account,

(all the above are called “Prohibited Acts”).

8.3.       We may use technology and other means to monitor whether you are complying with these EduTalkz Terms.

9.         The Content

9.1.       No Content constitutes, or is intended to constitute, advice by us or our approval, endorsement, or recommendation of any nature at all of, but not limited to, any institution, facility, manufacturer, diagnostic protocol, procedure, treatment, drug, device, equipment, machine, goods, service, product, presenter of Talkz, or practitioner or other person.  If a Subscriber uses any information obtained from the Content in their diagnosing, treating, clinical management, teaching, or learning, he/she does so in his/her sole discretion and at his/her sole risk.

9.2.       We may from time to time update the EduTalkz Service, including the Content.  We also may from time to time change how we offer, provide, or operate the EduTalkz Service and the Content.

9.3.       We may, in our sole discretion and from time to time:

9.3.1.          remove, replace, and add to the Content;

9.3.2.          restrict access to any Content to particular Subscribers; and

9.3.3.          implement Technologies and measures to encrypt and decrypt any Content, to protect any Content from unauthorised use, and to control access to any Content.

9.4.       You must not attempt:

9.4.1.          to decrypt any encrypted Content;

9.4.2.          to remove or circumvent any protections on any Content; or

9.4.3.          to access any Content from which you are restricted.

10.     Charges

10.1.              Registration and use of the EduTalkz Service are free of charge.  However, we reserve the right to impose charges in the future.

10.2.              If we decide to impose charges in the future, we will give you at least thirty days’ written notice before imposing the charges.  You will then have the choice either to stop using the EduTalkz Service or to pay the charges so that you can continue using the EduTalkz Service.

10.3.              Although registration and use of the EduTalkz Service are free of charge, registration and use might incur internet access charges, service provider charges, data usage charges, or other charges, which will not be for our account.

11.     We May Suspend the EduTalkz Service or Your Use of the EduTalkz Service

11.1.              We may temporarily suspend part or all of the EduTalkz Service, your use of the EduTalkz Service, or your EduTalkz Account, in any one or more of these circumstances:

11.1.1.       we choose to, or need to, perform maintenance on, or updates to, the EduTalkz Website, or any of the Technologies that we use to provide the EduTalkz Service;

11.1.2.       we become aware of any actual, threatened, or suspected use of the EduTalkz Website, the EduTalkz Service, any Content, or your EduTalkz Account that is illegal, negligent, or otherwise not expressly allowed by us;

11.1.3.       we reasonably believe that you have committed a Prohibited Act or otherwise have not complied with these EduTalkz Terms;

11.1.4.       we reasonably believe or suspect that your user name or password has been lost, stolen, or otherwise come into the possession of anybody other than you or our staff;

11.1.5.       we reasonably believe or suspect that any information or document that you have provided to us is false, inaccurate, incomplete, or misleading;

11.1.6.       we reasonably believe or suspect that your registration with any council mentioned in clause 3.3 has ended;

11.1.7.       we must do so to comply with the law; or

11.1.8.       a court or regulator tells us to do so.

11.2.              We will notify you of a suspension or planned suspension if it is reasonably practical to do so.

11.3.              The EduTalkz Service or your use of your EduTalkz Account may become temporarily suspended due to “crashes” or other unforeseen problems with the EduTalkz Website.

11.4.              A suspension will continue for so long as we reasonably believe is appropriate.

12.     Uploading of Talkz

12.1.              A Subscriber is allowed to upload Talkz (“Uploaded Talkz”).

12.2.              Before Subscribers can stream an Uploaded Talk, the Uploaded Talk will be vetted by us.  We reserve the right:

12.2.1.       not to make an Uploaded Talk available for streaming;

12.2.2.       to stop streaming (temporarily or permanently) any Uploaded Talk that we have previously allowed to be streamed; and

12.2.3.       to edit an Uploaded Talk.

12.3.              Upon uploading an Uploaded Talk, the Subscriber uploading it (the “Uploading Subscriber”) grants to EduTalkz a non-exclusive, non-transferable, and irrevocable (for one year) right to use the Uploaded Talk for the Service and thereafter until deleted from the website by the Subscriber.  The right will continue even if the subscription of the Uploading Subscriber ends

12.4.              An Uploading Subscriber warrants and represents to us that:

12.4.1.       the Uploaded Talk is original;

12.4.2.       no portion of the Uploaded Talk constitutes plagiarism;

12.4.3.       information in the Uploaded Talk is appropriately and properly referenced;

12.4.4.       the Uploaded Talk is not offensive or contravenes of any law; and

12.4.5.       the Uploaded Talk is not structured or designed so as to manipulate the Service in order to generate revenue.

12.5.              An Uploading Subscriber indemnifies EduTalkz and holds it harmless against all loss, damages, costs, and expenses that EduTalkz may suffer or incur out of or in connection with his/her Uploaded Talk.

12.6.              EduTalkz may, in its sole and absolute discretion, pay an honorarium to an Uploading Subscriber.  The amount of an honorarium will be determined by EduTalkz in its sole and absolute discretion.

12.7.              An uploading subscriber reserves the right to not accept an honorarium in their sole and absolute discretion.

12.8.              EduTalkz reserves the right to remove an uploaded Talk, without explanation, in its sole and absolute discretion.

13.     Ending this Agreement

13.1.              How You May End Your Use of the EduTalkz Service

13.1.1.       You may end your subscription to the EduTalkz Service at any time and without reason.

13.1.2.       To end your subscription, you must access your EduTalkz Account on the EduTalkz Website and follow the instructions there.

13.2.              Consequences if You End Your Use of the EduTalkz Service

13.2.1.       If you end your subscription, your ability to use any part of the EduTalkz Service will end immediately, so you must not use any part of the EduTalkz Service any further (unless you register again and we accept your registration).

13.3.              How We May End Your Use of the EduTalkz Service

13.3.1.       We may, for any reason, end your subscription to the EduTalkz Service or the operation or availability of the EduTalkz Service.  If we do, we will give you thirty days’ notice (unless the law requires us to give shorter notice or shorter notice is reasonable in the circumstances).

13.3.2.       We may end your subscription to the EduTalkz Service or the operation or availability of the EduTalkz Service immediately at any time in one or more of the following circumstances without limitation thereto:

13.3.2.1.               you are committing or have committed a Prohibited Act or otherwise are not or have not complied with these EduTalkz Terms;

13.3.2.2.               we must do so to comply with the law;

13.3.2.3.               where a court or regulator tells us to do so;

13.3.2.4.               you are not registered with a Regulatory Authority or stop being registered with a Regulatory Authority; or

13.3.2.5.               if any part of these EduTalkz Terms, or part of a provision, becomes unenforceable, void, illegal, or invalid.

13.4.              Consequences if We End Your Use of the EduTalkz Service

13.4.1.       If we end your subscription, your ability to use any part of the EduTalkz Service will end immediately (if we end your subscription in terms of clause 13.3.2 ) or at the end of the notice period (if we end your subscription in terms of clause 13.3.1 ), after which you must not use any part of the EduTalkz Service any further (unless you register again and we accept your registration).

13.5.              Terms that do not End

13.5.1.       Some parts of these EduTalkz Terms will continue to apply even after your subscription to the EduTalkz Service has ended.

13.5.2.       Parts that will continue to apply after your subscription has ended include:

13.5.2.1.               parts where our liabilities or responsibilities are excluded or limited, such as clause 15 ;

13.5.2.2.               parts where the rights you have against us are limited or excluded;

13.5.2.3.               parts where you indemnify us, such as clause 17 ;

13.5.2.4.               parts where you take on responsibility for certain costs, losses, or damages;

13.5.2.5.               parts where you take on risk, such as clause 9.1 ;

13.5.2.6.               parts dealing with Intellectual Property, such as clause 14 ;

13.5.2.7.               parts that expressly state that they will continue to apply; and

13.5.2.8.               parts that by their nature must continue to apply even though your subscription has ended.

14.     Intellectual Property

14.1.              In these EduTalkz Terms, “Intellectual Property Rights” include all intellectual property rights of any kind and form, including:

14.1.1.       copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trade marks, trade names, domain names, service marks, and goodwill, in each case whether registered or unregistered and whether existing now or in the future and in any part of the world; and

14.1.2.       all rights to recover damages for the violation, infringement, or misappropriation of the rights.

14.2.              We either own the Content or are licensed to use the Content, and so the Content is protected by laws, including intellectual property law.

14.3.              You must not use the EduTalkz Service or any Content in any way that violates any law (including any intellectual property law), or that infringes or misappropriates any of our rights (including any Intellectual Property Rights), or any of the rights (including any intellectual property rights) of our licensors or of any other person.

14.4.              All Intellectual Property Rights are our absolute property or that of our licensors.

14.5.              You shall not, at any time, acquire or claim any rights, title, ownership, or interest in or to the EduTalkz Service, the EduTalkz Website, any Content, or any Intellectual Property Rights other than the limited, non-exclusive, non-transferable, and revocable right to use the EduTalkz Service for the Permitted Use in accordance with these EduTalkz Terms.

14.6.              Where any Content has been licensed to us, your right to use the EduTalkz Service in respect of that Content will also be subject to any terms and conditions that the licensor imposes from time to time.  You agree to comply with those terms and conditions.

15.     Disclaimer and Exclusion of Warranties

15.1.              The EduTalkz Service and the Content are provided on an "as is" basis without any representations or warranties of any kind, whether express, implied or statutory and which includes without limitation any warranties or representations of the reliability, accuracy, completeness or fitness for any particular purpose, absence of exclusions, errors or the accuracy of any service, information or material provided or referred to.

15.2.              We make no representations and give no warranties that the EduTalkz Service and the Content will meet your requirements or expectations, be available and accessible at all times, and be uninterrupted, secure, and free from any Destructive Code.

16.     Limits to Our Liability

16.1.              We make no representations, warranties or approvals whatsoever with respect to any treatment, application of medicine, medication, drug, or any other information provided within or through this site at any time.

16.2.              Neither we nor our licensors will be responsible to you or to any other person (and we disclaim all liability) for any loss, liability, expenses, or damages (whether direct, indirect, incidental, special, punitive, or consequential) resulting from or in connection with any:

16.2.1.       use of the EduTalkz Service;

16.2.2.       errors, mistakes, or inaccuracies in any Content;

16.2.3.       injury or damage of any nature resulting from access to any Content or use of the EduTalkz Service;

16.2.4.       unauthorised access to or use of our Technology or any of your information or documents that we have;

16.2.5.       interruption in or cessation of any Content;

16.2.6.       interruption in, cessation of use of, or obsolescence of, any Technology used by you to receive, or by us to provide, the EduTalkz Service; or

16.2.7.       any Destructive Code that may be transmitted by or through the EduTalkz Website or any Content.

16.3.              Clause 16.1 applies whether any claim made is based on warranty, contract, delict, or any other legal principle and whether or not we have been advised of the possibility of the claim.

17.     Indemnity

17.1.              You indemnify us and our licensors and hold us and our licensors harmless against all loss, liability, expenses, and damages that we or they may suffer because of or in connection with:

17.1.1.       you performing any Prohibited Act;

17.1.2.       you failing to comply with these EduTalkz Terms; or

17.1.3.       any unlawful act that you commit or any unlawful failure by you to act including but not limited to any infringements of or impingements upon the intellectual properties or other rights of any third party by whatever means.

18.     Notices and Communication

18.1.              Any notices that you send to us under these EduTalkz Terms, including all legal notices, must be delivered to us by email at dan@EduTalkz.com, unless the law does not allow delivery of the legal notice by email.  [Note: For example, a summons would have to be served by the sheriff at EduTalkz’ offices or registered address.]

18.2.              Any notices that we send to you under these EduTalkz Terms, including any legal notice, must be delivered by email to the email address that you provide when registering as a subscriber or of which you have given us proper notice, unless the law does not allow delivery of the legal notice by email.  However, any notice that we send to you in another way and that is received by you will be regarded as having been sent properly.

18.3.              We may send you notices and communications about certain things by email, when you log in to your EduTalkz Account, or on the EduTalkz Website.  These things include:

18.3.1.       changes to your information;

18.3.2.       inactivity of your EduTalkz Account;

18.3.3.       failure to comply with your obligations under these EduTalkz Terms;

18.3.4.       our suspension of, or our intention to suspend, your use of the EduTalkz Service or your EduTalkz Account;

18.3.5.       our ending of, or our intention to end, your subscription; and

18.3.6.       changes to these EduTalkz Terms.

18.4.              You may not unsubscribe from receiving notices from us regarding the above.

19.     Advertisements and Other Web Sites

19.1.              The EduTalkz Website may contain advertisements for goods or services supplied by third parties (“Advertised Products”).

19.2.              Advertisements on the EduTalkz Web Site do not constitute, and are not intended to constitute, advice by us or our approval, endorsement, or recommendation of any nature at all of any Advertised Product.

19.3.              The EduTalkz Website may contain references or links to other web sites or to the products or opinions of third parties.  The references and links do not constitute, and are not intended to constitute, advice by us or our approval, endorsement, or recommendation of any nature at all of any web site, product, or opinion.

19.4.              An agreement for the supply of an Advertised Product is between you and the supplier of the Advertised Product and we will not be a party to that agreement.  We will also not be liable for any act or omission of the supplier.  [Note: The agreement is between the Subscriber and the supplier (not EduTalkz) in the same way as if you purchased a product that you saw advertised on TV.]

19.5.              As far as the law allows, we will not be responsible to you or to any other person (and we disclaim all liability) for all loss, liability, expenses, and damages (whether direct, indirect, incidental, special, punitive, or consequential) resulting from or in connection with any Advertised Product, web site, product, or opinion.

19.6.              You may not refer (and you may not encourage any other person to refer) to us, the EduTalkz Service, the EduTalkz Web Site, or any Content where the reference could in any way be interpreted as an approval, endorsement, affiliation, or recommendation by us of you or any other person, any goods or services (including any Advertised Product), any opinions, or any acts or omissions by you or any other person.  [Note: This means that a Subscriber cannot refer to EduTalkz in a way that could be interpreted as EduTalkz approving of or endorsing a particular person or product.  For example, a Subscriber is not allowed to say to someone “That product must be good because it was advertised on EduTalkz and EduTalkz wouldn’t advertise bad products.”]

20.     Miscellaneous

20.1.              These EduTalkz Terms, and any rights, obligations and licenses granted hereunder, may not be transferred, ceded, delegated, or assigned by you.

20.2.              You agree that we may, at any time, transfer, cede, delegate, or assign any or all of our rights and obligations under these EduTalkz Terms and that we may do so without your consent.  We will notify you if we transfer, cede, delegate, or assign any of our rights or obligations.  We may sub-contract our obligations without your consent and we do not have to inform you if we sub-contract any of our obligations.

20.3.              These EduTalkz Terms shall apply for the benefit of and be binding upon our successors and assigns.

20.4.              These EduTalkz Terms shall be governed by the laws of the Republic of South Africa.

20.5.              Our failure to exercise or enforce any right or provision of these EduTalkz Terms shall not constitute a waiver of such right or provision.

20.6.              These EduTalkz Terms (as changed from time to time) make up the whole agreement between you and us relating to the use the EduTalkz Service and the Content.  As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, warranty, representation, or promise relating to the EduTalkz Service or any Content that is not written in, or incorporated in, these EduTalkz Terms.

20.7.              Each part of these EduTalkz Terms is removable from the other parts.  As far as the law allows, if any part of these EduTalkz Terms is or becomes unenforceable, illegal, void, or invalid, it must be treated as if it was not included in these EduTalkz Terms and the rest of these EduTalkz Terms will still be valid and enforceable.

20.8.              EduTalkz SA NPC, registration number 2007/033618/08, is a company that is incorporated and registered in accordance with the laws of the Republic of South Africa.  Its address at Ground Floor, PPI House, 9a Sturdee Avenue, Rosebank, Johannesburg, 2196, South Africa.

20.9.              In these EduTalkz Terms, headings are for convenience only and may not be used in interpreting these EduTalkz terms.  Unless expressly stated otherwise or unless the context requires otherwise:

20.9.1.       references to the singular includes the plural and vice-versa;

20.9.2.       words in any gender include the other genders (male, female, and neutral).  Reference to a neutral gender (for example “they” or “it”) includes all genders.

20.9.3.       words or expressions that are defined or capitalised will have the same meaning wherever used in these EduTalkz Terms;

20.9.4.       the word “including”, “include”, or “includes” must not be interpreted as limiting the list following the word or excluding other items from the list following the word; and

20.9.5.       where any number of days is stated, those days are counted by excluding the first day but including the last day.