These Terms of Use, in conjunction with our Privacy Notice, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Teachifly, Pty Ltd. (“Teachifly”, “we”, “us”, or “our”), concerning your access to and use of the teachifly.com website as well as any other media form, media channel, browser extension, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”, “Site”, or “Services”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Teachifly facilitates the planning of lessons between Teachifly Users and Schedulers. You may use these Services for your individual purposes and not for the purpose of reselling.
Teachifly claims no intellectual property rights over the data You provide to the Service. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to the Site are the exclusive property of Teachifly or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
In order to create lesson plans and templates, you will need to register for an account with Teachifly. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change the individual or team URL you select if we determine, in our sole discretion, that such a URL is inappropriate, obscene, or otherwise objectionable. By using Teachifly, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access Teachifly through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use Teachifly for any illegal or unauthorized purpose; and (7) your use of Teachifly will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Teachifly (or any portion thereof).
You may be required to purchase or pay a fee to access some of our services as described on our pricing page. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Teachifly. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via Teachifly. All payments shall be in South African Rand (ZAR) or United States Dollar (USD). You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through Teachifly.
Subscriptions will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your subscription at any time by logging into your account and accessing the “Billing” page, which is available under the “Settings” navigation, or contacting us at support@ciphercode.co.za. Your cancellation will take effect at the end of the current paid term. After you cancel your account, you may not be able to use or access our Services.
If you cancel within 30 days of starting your subscription, you are entitled to a full refund of fees paid. After 30 days, you may be entitled to a partial or full refund at our sole discretion.
Using Teachifly services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You may not access or use Teachifly for any purpose other than that for which we make Teachifly available. Teachifly may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Violating these terms may result in suspension or deletion of your Teachifly account. As a user of Teachifly, you agree not to:
Teachifly may contain (or you may be sent via Teachifly) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Teachifly or any Third-Party Content posted on, available through, or installed from Teachifly, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Teachifly and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Teachifly or relating to any applications you use or install from Teachifly. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
These Terms of Use and your use of Teachifly are governed by and construed in accordance with the laws of South Africa applicable to agreements made and to be entirely performed within South Africa, without regard to its conflict of law principles.
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.
Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the laws of South Africa and the rules of the relevant arbitration authority. Restrictions on Arbitration The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
The Parties agree that certain Disputes are not subject to the above provisions concerning binding arbitration. These include Disputes related to the enforcement, protection, or validity of intellectual property rights, allegations of theft, piracy, invasion of privacy, unauthorized use, and claims for injunctive relief.
All disputes or proceedings related in any way to or arising from Your use of Teachifly shall be governed by the laws of South Africa, without respect to conflict of law principles.
We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. If any changes are made to these Terms, we’ll post them on this page.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms.
In order to resolve a complaint regarding Teachifly or to receive further information regarding use of Teachifly, please contact us at support@ciphercode.co.za.