Application and binding effects of these terms
1.1.The Easy Student website is owned and managed by Easy Student (Pty) Ltd.
1.2.By accessing or using this website, the user (“User”) agrees to be bound by the terms and conditions (“Terms”) set out herein and as contained in the remaining links on the website page. The User’s use hereof constitutes his/her formal acceptance of the Terms and the User agrees to have read and understood the Terms and, where such terms are not fully understood, have sought legal advice or guidance from Easy Student.
1.3.These Terms are legally binding and enforceable against all persons that make use of the Easy Student website, as updated or amended from time to time. Upon amendment of the Terms, the User is automatically bound and the User must use every effort to establish the applicable terms each time the Easy Student website is used.
2.1.Easy Student’s product is an online marketplace for students to sell & buy notes and handbooks (“Products”). The objective is to ensure that notes are easily and quickly accessible.
2.2.The content of the Products available on the Easy Student website will be based on demand by the Users and will be priced by the User selling the Products.
2.3.There are various other services which Easy Student wishes to make available in the future which will all be capable of being found on the Easy Student website as and when such services are developed.
Role of Easy Student and Payments
3.1.Easy Student facilitates the purchase and sale of the Products between Users, which is broadly defined herein as being the seller of the Products and the purchaser of the Products. Payment will be made via the online platform of the Easy Student website and following payment the Product purchased will be delivered to the User purchasing.
3.2.Easy Student shall charge the selling User 13.5% of the purchase price of the Product, allocated between a commission of 10% and a transaction fee of 3.5%.
3.3.The User shall be able to track all sales of his / her notes on his / her profile. Easy Student shall make payment of all amounts that have accrued to the User, less the fees charged by Easy Student, at the end of each month, which payment shall be accompanied by a notification of payment and confirmation of the amount transferred.
3.4.In the event of any discrepancy, the User must notify Easy Student immediately to inform Easy Student of the discrepancy and the details thereof.
Relationship between the user and easy student
4.1.The selling User and Easy Student: There is no employment relationship that is established between Easy Student and the selling User or any joint venture or partnership that is created. The relationship is one of independent contactors and will not give rise to any obligations regarding employment or result in any obligation of Easy Student to withhold any money for payment to SARS or such other regulatory authority as may be applicable. The selling User shall be required to account for all income generated from the sale of the Product.
4.2.Selling User and purchasing User: When the Product is purchased, the purchasing User enters into a binding agreement with the selling User. Once payment is made in respect of the Product, the Product will be delivered to the purchasing User. In the event that delivery does not take place, the purchasing User shall be required to immediately notify Easy Student.
Registration and login details
5.1.The User shall be required to register with Easy Student in order to enable the User to make use of the Easy Student website and participate in the offerings of Easy Student. The User agrees that the profile it creates shall be used only by the User and Easy Student shall be entitled to assume at all times that the User is accessing the Easy Student website through the User’s log-in details and that such details have not been transferred to a third party.
5.2.Various information is required when setting up a User’s profile. It is the User’s responsibility to ensure that all such information provided on the User’s profile is up to date and Easy Student shall not be liable for any damages as are incurred by the User as a result of the User failing to update its profile.
5.3.The submission of the User’s information constitutes a grant of a license by the User to Easy Student to use such content for the purposes of operating the Easy Student website and facilitating the transactions on the Easy Student Website.
5.4.The User shall be required to protect its personal information and immediately, upon become aware of same, notify Easy Student of any suspected breach of its personal information through the Easy Student website.
5.5.Easy Student may at any time request confirmation of the identity of the User where required and the User shall provide Easy Student with such confirmation as soon as is reasonably possible. In the event that the Student fails to provide Easy Student with the necessary information, Easy Student reserves the right to suspend the User’s account.
6.1.Copyright is the legal right that grants the creator of an original work the exclusive rights to its use and distribution.
6.2.While the majority of Users will know this definition well, some Users might not be aware of or appreciate the fundamental principle of copyright.
6.3.In the event that there is any uncertainty of the law surrounding copyright, Easy Student urges the User to contact Easy Student to ensure that the User is not in breach of copyright laws.
6.4.Copyright infringement includes, but is not limited to, the making of an exact copy of someone else’s creative works, or part thereof, without the creator’s consent. This is also known as plagiarism.
6.5.The User shall ensure that it at all times complies with copyright laws and either uses its original works or works for which it has obtained written consent from the creator when selling Products on the website. If the latter option is used, the creator’s details should be reflected on the Product.
6.6.It is the User’s sole responsibility to ensure that it is not in breach of copyright laws and Easy Student shall not be held liable for any damages that may be incurred in this regard. In the event that a claim is made against Easy Student, the User fully indemnifies Easy Student against any loss or damages caused.
7.1.Easy Student does not warrant the accuracy of the Products and shall have no liability to the User regarding the inaccuracy of the Product and any damages that may be suffered as a result of such inaccuracies. Easy Student will use its best endeavours to ensure that the Products are accurate and that they are of a high quality. Easy Student relies on feedback from the Users to ensure that any Products which are inaccurate are removed from the Easy Student website and that the selling User is notified of such removal. Where a Product has been removed from the Easy Student website from a specific selling User, all further products of such selling User will undergo a due diligence and be removed or remain on the Easy Student website based on the results of such a due diligence.
7.2.Easy Student takes reasonable security measures to ensure the safety and integrity of the Easy Student website and to exclude viruses, unlawful access and/or monitoring from the Easy Student website. However, Easy Student cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other contaminating or destructive code and no liability is accordingly accepted for any damages caused by such.
The User may not:
(a) re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose;
(b) use the Easy Student website for any unauthorised activities or to post or transmit any material from the Easy Student website unless the User holds all necessary rights, licenses and consents to do so;
(c) use the Easy Student website for any activities that infringe intellectual property of Easy Student or other rights of any person, including the rights of the selling User;
(d) use the Easy Student website to breach any applicable law or regulation;
(e) threaten, harass, defame, menace, offend or restrict any person in any way relating to Easy Student;
(f) use the Website in a manner that would bring Easy Student, or the Easy Student website, into disrepute;
(g) use the Easy Student website to send unsolicited electronic messages;
(h) use the Easy Student website to tamper with, hinder or modify the Easy Student website, knowingly transmit viruses or other disabling features, or damage or interfere with the Easy Student website; or
(i) facilitate or assist another person to do any of the above acts.
Easy Student reserves the right to hold a user liable for any losses suffered by Easy Student due to any form of so-called cybercrime committed and/or facilitated by the User on the Easy Student website.
Use of Personal Information
9.1.Easy Student shall at all times comply with the Protection of Personal Information Act, No 4 of 2013 (“POPI”) and ensure that adequate measures are in place to protect the personal information of all Users.
9.2.Easy Student has various security measures and procedures to protect the User’s personal information, the details of which are available on request. By the User’s acceptance of these terms and conditions, the User consents to Easy Student using the User’s personal information for the purposes of identifying the User, processing the desired transaction of the User, communicating with the User and for such further purposes as to facilitate the transaction of the User on the Easy Student website.
9.3.Easy Student will not share the User’s information with any unauthorised third parties without having first obtained the User’s consent.
Indemnity and Limitations of Liability
10.1.Neither party will be held liable for any failure to perform any obligation to the other due to cause beyond their respective reasonable control, including but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom any party is not responsible (including telecommunications and internet service providers) or acts of government or other competent authorities.
10.2.The User indemnifies and holds Easy Student harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, including direct, indirect, special or consequential damages, and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Easy Student website or the use of information and/or images available on the Easy Student website, whether due to the negligence of Easy Student or not.
10.3.The User agrees that, subject to applicable law, the User’s sole and exclusive remedy for any dispute of any nature with Easy Student in relation to your use of the Easy Student website, is to stop using the Easy Student website.
10.4.This clause will survive termination of these Conditions.
- Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
- All agreements concluded by the User through Easy Student website are not without force merely because they are in the form of a data message. The lack of any signatures will not affect the validity of such agreements. All agreements concluded through Easy Student website in the form of data messages are deemed to be in writing and legally binding. Such agreements will always be accessible to all the parties thereto.
- Easy Student may amend these Terms from time to time and shall notify the User of such modifications on the Easy Student website. The User will be deemed to have accepted and agreed to be bound by any changes to the Terms when the User uses the Easy Student website after the changes were posted.
Jurisdiction and Governing Laws
- These Terms shall be governed by and construed in accordance with South African law.