IQmates Terms of Service
Last Updated: 15 September 2020
Welcome, and thank you for your interest in IQmates., a Private Limited Company ("IQmates," "we," "us," or "our"), which operates the web site located at https://www.IQmates.com (the "Website") and related application programming interfaces ("APIs"), mobile applications and online services, including, but not limited to, any Downloadable Content (as defined below), and any other products and services that Company may provide now or in the future (collectively, the "Services"). The following Terms of Service are a legal contract between you ("you" and "your") and IQmates regarding your use of the Services. Visitors and users of the Services are referred to individually as "Mate" and collectively as "Mates".
1. 1. Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY IQMATES OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).
1. 1.1 By clicking the "I Agree" button or by otherwise using or registering an account for the Services, you represent that (i) you are a South African resident at least 13 years of age, or (ii) you are not a South African resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian. You also represent that you have not been previously suspended or removed from the Services by IQmates, and that your registration and your use of the Services is in compliance with any and all applicable laws.
2. 1.2 Account. In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to IQmates, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify IQmates at email@example.com. You may be liable for the losses incurred by IQmates or others due to any unauthorized use of your Services account.
4. 1.4 Child User. If you are under the age of 13 (a "Child User"), you may not create or register an account for the Services without consent and approval from your legal parent or guardian. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. A Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User will only be permitted to use the Services for so long as IQmates reasonably believes that such access has been consented to by the Child User's parent or guardian.
10. 1.10 Interational Use. IQmates operates the Services in South Africa. If you choose to access our Services from locations outside South Africa, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in South Africa. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18, you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside South Africa. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render IQmates in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
3. 3. API Terms; Other guidelines. 1. 3.1 API Terms. Users who utilize any of IQmates' application programming interfaces ("APIs") additionally agree to be bound by IQmates' API Terms of Service.
2. 3.2 Other Guidelines. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
4. 4. Modification of the Terms.
1. 4.1 General. Upon opening an account, you accept the Terms in the form posted on our website. IQmates reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, IQmates will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after IQmates makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
5. 5. User Content License Grant
1. 5.1 User Content and Ownership. IQmates may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Postings") and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) ("User Code") (User Postings and User Code, collectively, "User Content"). You understand that whether or not such User Content is published, IQmates does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between IQmates and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and IQmates does not claim any ownership rights in or to such User Content. You acknowledge that are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
3. 5.3 License Grant to Users.
1. (a) User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by IQmates on or through the Services.
2. (b) User Code. By posting, submitting or distributing User Code through the Services, you hereby grant to each User of the Services a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MIT license (currently available at: the opensource license webpage) (the "MIT License").
3. (c) Downloadable Content. The Services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, IQmates grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
4. 5.5 Access to Your User Content. IQmates may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although IQmates may provide certain features intended to allow you to restrict some User Content you create from others, IQmates does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, IQmates will use reasonable efforts to notify you pursuant to Section 15.1 below. IQMATES HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.