Terms of Use

These website terms of use (“Terms”) apply to your use of www.motc.co.za and other related proprietary websites ("Site"). These Terms apply regardless of the means of delivery of the Site to you. If you are under 18 years of age, please be sure to read this agreement with your parents or guardian and ask questions about things you do not understand.

Thank you for visiting the Site. By using the Site, you indicate that you accept these Terms and agree to abide by and be bound by these Terms. If you do not accept these Terms, please refrain from using the Site. We may change these Terms from time to time in accordance with clause 15 so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.

Index – Part A

  1. About us
  2. Using the Site
  3. Linking to the Site
  4. Registration
  5. Your Content – what we are allowed to do
  6. Your Content - what you are not allowed to do
  7. Suspending or terminating your registration
  8. Third party content and links available on the Site
  9. Infringement of Intellectual Property Rights
  10. Your personal information
  11. Corporate and individual subscriptions and manuscript submissions
  12. Our liability
  13. Maintenance of the Site
  14. Severance
  15. Variation
  16. Jurisdiction and applicable law
1. About us

The Site is operated by Macmillan South Africa (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 1993/000118/07 with a registered office at 4th Floor Building G, Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Gauteng, 1685 ("we", "us", "our"). You can contact us at customerservices@macmillaneducation.co.za.

2. Using the Site
  1. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable or responsible if for any reason the Site is unavailable at any time or for any period.
  2. The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.
  3. Users, whether or not registered, must be over 13 years of age. If you are under 18, you must first obtain the consent of your parent or guardian to use or register with the Site.
  4. You may view (and, where applicable, listen to) the content and applications available on the Site for your private use. You may occasionally print individual webpages on the Site for your private use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trade mark notices are not removed.
  5. From time to time we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. Registered users may customise some of the Site's features to create personalised areas of the Site for their own private non-commercial use. Users must not otherwise alter, adapt or reverse engineer any part of the Site.
  6. Unless otherwise stated in these Terms, you must not (whether directly or indirectly):       
    1. distribute, transmit, syndicate, sell, republish or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from the Site, whether publically available or not; or
    2. copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever.
    3. You may only play video or audio files using the media player on the Site or on the website of one of our licensees who is displaying such material with our authorisation. If you would like a friend to read a story, use an application, or watch or listen to a video or audio file on the Site, please use the 'Share this page' facility (or such other similar feature) on the Site, or you may email a link to the Site to your friend or simply ask them to visit the Site. Please ensure that you have their consent before giving us their details.
    4. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission.
    5. Users should be aware that content and applications may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of content, and applications.
    6. Your ability to access the Sites or parts of it may be subject to certain age restrictions and/or related procedures or terms and conditions that we may revise in our sole discretion at any time and for any reason. Any such age restrictions, procedures and terms and conditions will be posted as applicable.
    7. To seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us by emailing: salome.chepape@macmillaneducation.co.za
    3. Linking to the Site
    1. You may establish a link to the Site, provided that:
      1. the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
      2. the link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents;
      3. the linked website is owned by you; and
      4. framing is not allowed and you must not provide access to the Site or part of it under any other URL.
      5. We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
      4. Registration
      1. On registration you must provide accurate and complete registration details.  It is your responsibility to update and maintain changes to your registration details using the relevant registration or subscriptions webpages on the Site. We are entitled to rely on any such registration details you provide to us.
      2. Each registration is for a single user only. You are not allowed to share your registration details or allow another person to access the Site using your registration details. We do not allow multiple users on a network or within an organisation to use the same registration details. You must keep your registration details confidential. We recommend that you do not select obvious registration details and that you change such registration details regularly.
      3. You must choose a valid email address which gives you frequent access to emails sent to that address, as we may need to contact you. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without notifying you.
      4. You must not:
        1. impersonate or try to impersonate another person;
        2. disclose your registration details to another person;
        3. allow another person to use your registration details; and
        4. use another person’s registration details.
        5. You are responsible for everything done using your registration details, even if another person is using your registration details without your knowledge. If you think that another person may have access to, or be using, your registration details, you must tell us as soon as possible by emailing customerservices@macmillaneducation.co.za for the avoidance of any doubt, we may terminate or suspend your access to the Site without any further obligation to you if you share your registration details with any other person.
        5. Your Content – what we are allowed to do
        1. By submitting and/or uploading any comments, posts, any of your user generated content or any other material (including without limitation your name and address) (“Content”) to the Site and in consideration of us agreeing to publish such Content on our Site, you grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed  (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this licence. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
        2. We may publish, check, edit or remove all or part of any Content at our sole discretion from time to time.
        3. For the avoidance of any doubt, you acknowledge and agree that we may:
          1. continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
          2. remove your Content at our sole discretion (even if you have not breached these Terms);
          3. use all or part of your Content in promoting our products and services;
          4. reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;
          5. publish and/or distribute widgets and other applications similar to yours and bearing our or another user's branding or logo without any liability or responsibility to you;
          6. modify your Content in any way at our sole discretion.
          7. We do not check, monitor, moderate or even see all the comments and other material submitted to us. While some comments and the applications may be pre-moderated (i.e. checked in advance by us before publication), some comments and other content is not.
          6. Your Content - what you are not allowed to do
          1. By submitting Content to the Site, you warrant and represent that you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.
          2. You warrant and represent that the Content will not:
            1. be inappropriate. The Content will be considered inappropriate if it is:
              1. defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, discriminatory, harassing, racist or sexist;
              2. contains taunts, rudeness, insults, name-calling, indecent suggestions, profanity;
              3. quotes others of out context to create misleading or negative impressions;
              4. indecent, obscene or of a pornographic nature; or
              5. a breach of confidentiality or another person’s privacy,
              6. prejudice any active legal proceedings of which you are aware;
              7. use a language other than English;
              8. contain accusations of impropriety or personal criticism of our staff;
              9. be likely to:
                1. cause someone alarm, anxiety or distress;
                2. incite any other person to breach civil behaviour;
                3. encourage violence or racial or religious hatred,
                4. infringe any intellectual property rights proprietary to us or any other third party;
                5. be technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
                6. offer, advertise or promote any product or service or make any requests for donations or financial support;
                7. constitute spam or junk content;
                8. impersonate another person or otherwise misrepresent your identity, affiliation or status;
                9. encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or
                10. is in breach of these Terms
                11. You may only include links on the Site to third party websites or webpages if:
                  1. the content of or linking to such websites or webpages does not breach any of the provisions set out in clause 6.2;
                  2. the terms of use of such websites or webpages allows such linking;
                  3. links are clearly and visibly marked as such;
                  4. the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and
                  5. the link will not result in any automatic download.
                  6. You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
                  7. You must not attempt to gain unauthorised access to our Site, the server on which our Site is hosted or any server, computer or database connected to our Site. By breaching the provisions of this clause 6, you may be committing a criminal offence under the Electronic Communications and Transactions Act, 2002. In such circumstances, we shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use our Site shall immediately and automatically cease.
                  8. Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been removed.
                  9. You shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of this clause 6.
                  10. You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content, materials or other applications submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.
                  7. Suspending or terminating your registration
                    1. We may suspend, terminate or prevent your registration at our sole discretion.
                    2. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.
                    3. For the avoidance of doubt, where we suspend, terminate or otherwise prevent your access to the Site using your registration details, we may continue to publish or use your Content in accordance with the provisions of these Terms.
                  8. Third party content and links available on the Site
                  1. We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any other third parties, the content of advertisements, applications posted by other third parties and content accessed through applications.
                  2. Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
                  3. If you see something which you reasonably believe breaches these Terms please contact us at customerservices@macmillaneducation.co.za
                  9. Infringement of Intellectual Property rights
                    1. We are the owner or the licensee of all intellectual property rights in our Site. All such rights are reserved.
                    2. We acknowledge and agree that you retain ownership in any copyright you may have in the Content you submit or upload to the Site.
                    3. If you think your Content has been copied in a manner that constitutes copyright infringement, you may either use the customerservices@macmillaneducation.co.za email facility or notify us in writing at:  Macmillan South Africa (Pty) Ltd.
                      4th Floor, Building G
                      Hertford Office Park
                      90 Bekker Road, Vorna Valley
                      Attention: Legal Department
                      E-mail: legalservices@macmillaneducation.co.za 
                    4. Please include all of the following information in any notification sent to us pursuant to clause 9.3:
                      1. a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
                      2. a description of the copyrighted work that you claim has been infringed;
                      3. a description of where the material you claim is infringing is located on the Site;
                      4. your address, telephone number, email address and any other information enabling us to contact you;
                      5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and
                      6. a statement by you, made under oath, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the owner of any exclusive right that is allegedly infringed.
                  10. Your personal information
                  1. We will use your personal information in accordance with our privacy policy.
                  11. Corporate and individual subscriptions and manuscript submissions
                  1. Your organisation may have a corporate subscription permitting you as an authorised user to access additional content on the Site.
                  2. Alternatively, you may have an individual subscription permitting you to access additional content on the Site.
                  3. If you benefit from a corporate or individual subscription, the relevant subscription terms shall (in addition to the provisions set out in these Terms) govern your access to and use of any such additional content on the Site.
                  4. If you wish to submit to us a manuscript or other contribution for review and/or potential publication, you may be asked to complete further documentation and or agreements that will govern the publication by us of your manuscript or other contribution. These Terms, however, will still apply to all other Content you submit or upload to the Site.
                  12. Our liability
                  1. The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Site and use your own judgment before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
                  2. Subject to clause 12.6, we shall not be liable for:
                    1. any action you may take as a result of relying on any information provided on the Site or for any loss or damage suffered by you as a result of you taking this action;
                    2. any dealings you have with third parties that take place using or facilitated by the Site;
                    3. any indirect, special or consequential losses, loss of income or revenue, loss of anticipated savings, loss of profit, loss of goodwill or loss of business reputation or any loss of data suffered by you;
                    4. the deletion, loss, corruption or failure to store any of your Content maintained or transmitted by or through the Site;
                    5. your failure to provide us with accurate information;
                    6. your failure to keep your registration details secure and confidential.
                    7. Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose.
                    8. Without prejudice to the generality of the exclusions of liability contained in both this clause 13 and in the Legal Notice, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site).
                    9. We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Site.
                    10. Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects.
                    11. Nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.
                    13. Maintenance of the Site
                    1. You acknowledge and agree that from time to time we may need to:
                      1. fix defects and errors in the Site;
                      2. install updates and undertake general diagnosis and maintenance of the Site; and
                      3. undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to you from time to time.
                    14. Severance
                    1. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
                    15. Variation
                    1. We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
                    16. Jurisdiction and applicable law
                    1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.
                    2. The courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.