Terms and Conditions of Use of the Qurio Website

"Qurio" provides its services to you, a user of its website, subject to the following Terms and Conditions. (The Qurio website is accessible on qurio.co.)

• 1These Terms and Conditions bind all users of the Qurio website
  • 1.1By using the Qurio website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
  • 1.2Use of the Qurio website includes use by any means, including use on mobile devices and through third-party applications.
  • 1.3To the extent that you are a minor, by using the Qurio website, you confirm that you have the proper permission of your legal guardian(s), whether explicit or tacit, to do so and are thus properly assisted, within the meaning of South African law, in agreeing to be bound by these Terms and Conditions.
  • 1.4If you are using the site on behalf of any entity, you represent and warrant that you are authorised to accept these Terms and Conditions on such entity's behalf.
  • 1.5These Terms and Conditions may be updated from time to time without notice to you, the user. You can review the latest version of our Terms and Conditions at the URL www.qurio.co/terms.html and it is incumbent upon you to do so from time to time as your use of the Qurio website is a confirmation that you are bound by the latest Terms and Conditions.
• 2Our Privacy Policy
  • 2.1Qurio respects your privacy. We will take all reasonable steps to protect the personal information of our users. For the purpose of this clause, "personal information" is as defined in the Electronic Communications and Transactions Act no 25 of 2002 (accessible at http://www.saflii.org/za/legis/consol_act/ecata2002427/) and includes all identifiable information about an individual.
  • 2.2Personal information held by this site will be used mainly for facilitating interaction between users. We will take all reasonable precautions to ensure your personal information is kept secure and will not distribute it to third parties who are not users of the site without your express consent, save in the carefully-controlled circumstances mentioned below.
  • 2.3As part of the workings of this site, your name and surname will be made available to other users of the website to facilitate interaction. Any additional information given by you to another user is not protected by these Terms and Conditions.
  • 2.4Users may under no circumstances disclose to third parties or in any way exploit the personal information of other users of the site without the explicit permission of the user whose information is being disclosed and/or exploited.
  • 2.5We will not use software or any other means to obtain additional information about you not apparent from your registration and ongoing use of the site. To the extent that we inadvertently become privy to any of your confidential information, we will not make it publicly available unless required to do so by law.
  • 2.6As a user you verify that that the information entered on the Qurio website, whether in the registration process or in the course and scope of your use of the website, is true and correct. We are not liable for any losses suffered as a result of inaccurate information provided by users.
  • 2.7We may use your personal information for purposes of research or statistical analysis. This research may be carried out by us or outsourced to a third party, but either way, will be done in a manner designed to protect your personal information.
  • 2.8We may use third-party advertising companies to serve ads when you visit our site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services that are targeted to your interests.
  • 2.9If you terminate your account on the site, we will retain your personal information only to the extent required by law.
• 3Registration
  • 3.1The use of certain features on our site requires your registration, such as the creation of assessments or the response to restricted assessments. You are, however, bound by the Terms and Conditions of the Qurio website immediately upon visiting it, whether or not you register.
  • 3.2By registering you agree to receive periodic email communications from us, with the option of unsubscribing from these emails at any time.
  • 3.3Payment for registration and ongoing subscription of users, to the extent required, shall be via credit card, debit order or EFT, on a monthly basis, and such payment will only be regarded as having been made once funds are reflected in our bank account and you have received an email from us confirming payment.
  • 3.4We reserve the right to terminate your registration and/or restrict your access to any/all portion(s) of the site for any reason and without notice. Generally, we will do this in cases of what we deem improper use of the site.
  • 3.5You may elect to terminate your account and/or deregister from the site at any time. After termination we will retain your personal information only to the extent required by law.
• 4Our Services
  • 4.1Qurio provides services for users to create and participate in assessments that take the form of surveys, tests, quizzes or a customised blend of the 3 types.
  • 4.2Sometimes the site may be inaccessible or inoperable for a variety of reasons. We endeavour to do our best but cannot guarantee the continuous availability or "up time" of the site.
  • 4.3Any content you upload, any public messages that you send and your general activity on the site are subject to review, modification and/or deletion without notice by us.
  • 4.4By using our site you warrant and represent that:
    • 4.4.1All content you submit or upload to the site is either an original work of your own authorship, or — if it is the property of a third party — you submit it with that third party's permission; and
    • 4.4.2You take full responsibility for your interactions with other users on the site, acknowledging that we do not, in any way, screen our users, and that your interaction with them, whether virtually on this or other websites or in real life, is entirely at your own risk.
• 5Qurio Codes
  • 5.1A free, randomised Qurio Code will be attached to any new assessment you create on the Qurio Website. We reserve the right to reclaim free Qurio Codes or remove them for any reason, and without notice.
  • 5.2Additional customised Qurio Codes can be requested through the user interface when creating or editing a Qurio, and an invoice and commercial agreement will be sent to you.
• 6User-submitted Content
  • 6.1A cornerstone of the site consists in the content submitted by users for purposes of assessment of other users.
  • 6.2In submitting any content to the site, you acknowledge that you are the owner of all intellectual property rights therein, or that you submit such content with the permission of the owner.
  • 6.3We reserve the right to review, modify and/or delete any uploaded content we deem unsuitable, for whatever reason, without any notice or justification to the user that uploaded the content or other users making use of that content.
  • 6.4It is your own responsibility to retain a copy of any content you upload. Should your uploaded content become unavailable to you for whatever reason, whether as a result of our wilful deletion or a server or database malfunction, we are not liable to provide you with copies of any content you had uploaded.
  • 6.5When submitting an assessment, users may define a closed group of users to whom the assessment will be accessible or may make it available to all registered users of the site.
  • 6.6Uploaded content remains your intellectual property. However, by uploading it, you grant us a non-exclusive, irrevocable, sub-licensable, worldwide, perpetual license to copy, reproduce, use, display, adapt, modify and distribute such content as we see fit. This includes using your content for marketing purposes, and no royalty payments will be due to you for the use, of any kind, of your content.
• 7Intellectual Property
  • 7.1We respect intellectual property rights and expect the same of our users. If you find anything on this site that you believe infringes on your own intellectual property rights, please contact us with all relevant information, and we will investigate your claim.
  • 7.2Other than the user-submitted content described above, all other elements of this site, including but not limited to web pages, data, graphics, images, text, source code, algorithms, details of website design, know-how, trade marks, trade-dress and works protected by copyright presented on the Qurio website are the intellectual property either of Qurio and its owners or third party affiliates or partners.
  • 7.3All rights in this intellectual property, whether statutory or arising at common law, are expressly reserved.
  • 7.4None of the intellectual property appearing on the Qurio website — including our own intellectual property, that of third parties, and user-generated content — may be reproduced or redistributed outside of the site in any way without express permission.
• 8Linking and Framing
  • 8.1We take no responsibility for the quality, content, nature or reliability of third-party websites linking to or being linked to from this site. Such websites are not under our control.
  • 8.2We may link to third-party websites only as a convenience to our users, and the inclusion of any link does not imply any affiliation or endorsement of, with or by that website.
  • 8.3When you leave the Qurio website, you are bound by the Terms and Conditions of the site to which you have navigated.
  • 8.4Correspondence and/or business dealings with any third party found on or through our site is a private transaction between you and the said third party, and we take no responsibility, of any kind, in such transactions.
• 9Limitation of Liability
  • 9.1All content and services provided on our site are on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the veracity of information and content that appear on the site. We also do not guarantee any improvement in academic results or educational outcomes through the use of this site, although it is our hope that improved results and outcomes will be realised through such use.
  • 9.2You use the Qurio website at your own risk.
  • 9.3We also cannot warrant that all content on the Qurio website is free of malware or viruses, although we endeavour to keep it that way.
  • 9.4We are not liable for any damages of any kind arising from your use of this site, and users hereby indemnify us to the full extent permissible by South African law.
• 10Severability

  Should any of these Terms and Conditions become invalid or unenforceable for any reason whatsoever, these terms will be severed from the rest without affecting the validity of the remaining Terms and Conditions read in their entirety.

• 11Waiver

  No waiver of any breach of these terms by users and no failure, refusal or neglect by us to exercise any right hereunder or to insist upon strict compliance with or performance of the users' obligations under this agreement shall constitute a waiver of the provisions of terms. We reserve the right at any time to require and enforce strict compliance.

• 12Jurisdiction and Domicile
  • 12.1This site is governed by the laws of South Africa and the address provided below serves as our domicilium citandi et executandi for all purposes.
  • 12.2Should any dispute, disagreement or claim related to these Terms and Conditions arise between us and our users, all parties agree to attempt to resolve the dispute by way of negotiation before recourse to the courts. This entails the aggrieved party inviting the other in writing to a meeting and thereafter attempting for a period of 30 (thirty) days to resolve the dispute amicably.
  • 12.3Failing amicable resolution, all users hereby submit to the jurisdiction of the Stellenbosch Magistrate's Court.
• 13Company Information and Contact Details

  The Qurio website is run by Qurio (Pty) Ltd, a South African company having the registration number 2011/008324/07.

  Please direct any queries or complaints to info@qurio.co.