Assessments

OPTIMI SCHOOLING: PRODUCTS AND SERVICES TERMS AND CONDITIONS

By purchasing or using products and services, you (hereinafter referred to as the ‘Business’) agree to the terms and conditions for use of products and services provided by Optimi Schooling (Pty) Ltd trading as Teach360 and Impaq, registration number: 2006/002404/07 (hereinafter referred to as the ‘Company’).

1. APPLICABILITY AND INCORPORATION

   1. These Terms and Conditions (“Terms”) govern the purchase and use of Optimi Schooling products and services, including but not limited to assessments, books, digital content, and any other Additional Products (“Products”), made available through any Optimi platform.
   2. These Terms may be updated or amended from time to time. The most recent version shall always be available on impaq.co.za/policies/ & teach360.co.za/policies/, and continued use or purchase of Products following such updates shall constitute acceptance of the revised Terms.
   3. These Terms incorporate by reference all relevant policies, guidelines, and notices published by Optimi Schooling from time to time on the above website/s, including but not limited to the Privacy Policy, Delivery & Returns Policy, and Terms of Use Policy.

2. RIGHTS RELATING TO COMPANY INTELLECTUAL PROPERTY

   1. The following applies, but is not limited to, the use of Optimi and its brands’ name, logo, products and assessments.
      1. The Business shall not acquire any rights, title, or interest of any kind in any of the Intellectual Property, including the Intellectual Property relating to the Company name and brand or the Products or Services. All Intellectual Property and modifications made in respect thereof shall at all times remain the sole property of the Company.
      2. The Company only sells the right to utilise the Intellectual Property contained in the Products and Services. Ownership of the Intellectual Property shall at all times remain vested in the Company or the licence holder.
      3. All rights whatsoever to Intellectual Property contained in the Company’s Products and Services, whether they are capable of registration or not, and including but not limited to the Company’s name, trading name, Products and Services, educational programmes, lesson material, examinations, assignments, logo and/or image, remain the sole property of the Company or the licence holder. The Business acknowledges and agrees that it will be liable for any damages incurred by the Company, alternatively, and at the option of the Company, a minimum agreed amount of R100 000 (one hundred thousand Rand) in the event that the Business copies, reproduces or distributes Company’s Products and Services or allows any other person to do so when under the Business’s supervision. The Company also reserves its right to pursue criminal charges against the Business or any other person infringing upon its rights.
      4. The Business shall not deliver, distribute, or otherwise make use of the Company’s Products or Services, whether in their original or adapted form, in respect of any learner or other person who is not duly registered as an Impaq Client to receive Products and Services and linked to the Business on the Company’s Platform. Any such unauthorised use of the Company’s Intellectual Property shall constitute a material breach of this Agreement.

3. PURCHASE OF COMPANY PRODUCTS AND SERVICES

   1. The pricing applicable to products and services will be prescribed from time to time. The Business is fully responsible for all fees and costs associated with such purchases.
   2. The Purchase Price payable shall be paid by the Business upfront and in full before any associated Product shall be delivered.
   3. All payments made by the Business shall be paid without deduction, free of exchange or bank charges thereto.
   4. The Company retains the right to cancel any order and/or to refuse supply in the event the Business is in breach of these terms and conditions.
   5. All orders of Products in printed format will be delivered against payment of the prescribed non-refundable delivery costs, to the Business at the physical address provided by the Business. The Business hereby indemnifies the Company against all liability should the courier supplier fail to deliver any of the Products. The Business agrees to pay the non-refundable delivery costs and assumes responsibility for receiving the Products during working hours at the address provided.

4. PURCHASE AND AVAILABILITY OF COMPANY ASSESSMENTS

   1. Tutor Businesses with an active agreement with Optimi Schooling trading as Impaq have access to the assessments of learners linked to their profile. Tutor Businesses are prohibited from purchasing Assessments.
   2. Assessments purchased by schools will be made available through a non-shareable link. Special conditions apply in terms of timelines for the availability of assessments per phase. Examination timetables and schedules will be made available on the same link and on request.
   3. Purchase of Grade 4-9 Assessments:
      1. Tasks and Tests are available from mid-January of the academic year with the corresponding memos.
      2. Examination papers: Per our internal exam schedule, Optimi will make examination papers available weekly, followed by memos one week later.
   4. Purchase of Grade 10 – 11 Assessments:
      1. Gr. 10 and 11 Tasks, PATs, and Orals are made available in mid-January of the academic year.
      2. Tests and Exams are made available according to the internal exam schedule shared electronically.
      3. The Company will make the tests and exams available daily in the morning of the exam/test. Memos will be sent the day after the test and exam are written.
      4. Rules and regulations must be strictly enforced in line with the guidelines set by SACAI. A copy of Optimi’s rules and regulations is available on request.
   5. Purchase of Grade 12 Assessments:
      1. Grade 12 Tasks and Orals are made available mid-January of the academic year.
      2. Grade 12 PATs are not available through Optimi as these are distributed by SACAI.
      3. The Grade 12 final examinations are administered by SACAI and not by Optimi.
      4. The Grade 12 prelim examinations are made available daily in line with the relevant timetable as provided by SACAI.

5. COMPANY RESPONSIBILITY IN TERMS OF ASSESSMENTS

   1. Tutor businesses are bound by the rules and regulations as per the Tutor Business Agreement, and the terms contained in this section are not applicable to tutors.
   2. The school is responsible for ensuring that pre-moderation aligns with SACAI requirements. Upon request, a letter confirming proof of the assessments compiled by Optimi may be supplied at the time when SACAI moderation is required. The pre-moderation letter will only be valid and relevant to examination papers that have not been altered in any form or manner. Schools remain responsible for pre-moderation.
   3. Schools remain solely responsible for post-moderation.
   4. Distribution of FET test and examination memos for revision purposes will only occur after the test and exam period has been concluded.
   5. Optimi does not take any responsibility for the timely distribution of any Errata issued during a test or exam period.
   6. It remains the school’s responsibility to ensure its registration with SACAI. Optimi cannot take responsibility for non-registration or misalignment of academic terms as well as test and examination timetables.