Reflective Terms of Service

Thanks for using Reflective! These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services”). Your agreement is with Reflective Learning Education (Pty) Ltd.

Our Privacy Policy explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services.

By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organisation, you’re agreeing to these Terms on behalf of that organisation.

We need your permission to do things like retaining your information, backing it up, and sharing it when you ask us to. These and other features may require our systems to access, store, and scan your data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

• Your Responsibilities.
  You’re responsible for your conduct and must comply with our Terms and Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

• Review of conduct and compliance.
  We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

• Help us keep you informed and information protected.
  Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

• Age of digital consent.
  You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to consent to use our Services, you must be of legal age of consent in your country of origin. If you don’t meet these age requirements, you may not use the Services unless your parent or guardian has given permission to do so. If you have access to our Services through a third-party organisation, it is their responsibility to obtain such consent. When an organisation provides us with your details or signs you up for our Services, we will automatically assume that consent has been obtained. We accept no liability if this process has not been followed through on by the relevant third-party organisation.

Some of our Services may allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source licence, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Reflective Learning’s other services, so please keep that in mind.

The Services are protected by copyright, trademark, and other South African and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Reflective Learning trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

• Copyright.
  We respect the intellectual property of others and ask that you do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us directly by emailing info@reflectivelearning.co.za.

• Billing.
  It is not free to register an account with Reflective Learning. To access our Services, you may be required to pay an annual subscription fee or once-off payments depending on the Service chosen. Any membership will be valid from date of payment until the expressed expiry date and will allow you to use our services as much as you like during this time, unless stated otherwise. You will be reminded to extend this membership beyond its expiry which can be done by purchasing a new licence.
• No Refunds.
  You may cancel your Reflective Learning account at any time, however refunds are only issued if required by law.
• Changes.
  We may change the Reflective Learning fees, but will give you advance notice of these changes via a message to the email address associated with your account or through a representation of Reflective Learning.

• Email address.
  If you sign up for a Reflective Learning account with an email address provisioned by your organisation, your organisation may be able to block your use of Reflective Learning (unless you associate your Reflective Learning account with a personal email address).
• Using Reflective Learning through an institution.
  If you join Reflective Learning through an institution, you must use it in compliance with your organisation’s terms and policies. Please note that Reflective Learning accounts are subject to your organisation’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Reflective Learning team account. They may also be able to restrict or terminate your access to a Reflective Learning account.

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

• you’re in breach of these Terms,
• you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
• you have not paid your account.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

• you’re in material breach of these Terms,
• doing so would cause us legal liability or compromise our ability to provide the Services to our other users,
• we have decided to revoke access for demo purposes,
• we’re prohibited from doing so by law.

We may decide to discontinue the Services in response to unforeseen circumstances beyond Reflective Learning’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice as best possible.

We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Reflective Learning and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided “AS IS.”

We won’t exclude or limit our liability to you where it would be illegal to do so—this includes any liability for Reflective Learning’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. In countries where exclusions or limitations of liability are allowed, Reflective Learning, its affiliates, suppliers or distributors won’t be liable for:

• Any indirect, special, incidental, punitive, exemplary, or consequential damages, or
• Any loss of use, data, business, or profits, regardless of legal theory.
• These exclusions or limitations will apply regardless of whether or not Reflective Learning or any of its affiliates has been warned of the possibility of such damages.

If you use the services for any commercial, business, or re-sale purpose, Reflective Learning, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Reflective Learning and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the services.

Other than for the types of liability we cannot limit by law, we limit our liability to you to 100% of any amount you’ve paid under your current service plan or product with Reflective Learning.

Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against Reflective Learning, you agree to try to resolve the dispute informally by contacting info@reflectivelearning.co.za. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 working days of submission, you or Reflective Learning may bring a formal proceeding.

These Terms constitute the entire agreement between you and Reflective Learning with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Reflective Learning’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Reflective Learning may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

We may revise these Terms from time to time to better reflect:

• changes to the law,
• new regulatory requirements, or
• improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Reflective Learning is used by many individuals, schools and organisations, and we’re proud of the trust placed in us. In exchange, we trust you to use our services responsibly.

You agree not to misuse the Reflective Learning services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

• probe, scan, or test the vulnerability of any system or network;
• breach or otherwise circumvent any security or authentication measures;
• access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• promote or advertise products or services other than your own without appropriate authorisation;
• abuse referrals or promotions to get more services than deserved;
• circumvent service limits;
• sell the Services unless specifically authorised to do so;
• harass or abuse Reflective Learning personnel or representatives or agents performing services on behalf of Reflective Learning;
• violate the privacy or infringe the rights of others.