Terms & Conditions
Effective Date: 01/18/2025
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”), including the Privacy Policy and other documents referred to in these terms and conditions (the “Agreement”), is a legal agreement between you (hereinafter, “you” or “your”) and Gradesmatch (Pty) Ltd, hereinafter referred to as Bridge (“Bridge”), respecting your use of the Services as described herein.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON WHEN SIGNING UP FOR THE SERVICES, OR BY OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT DO NOT ACCESS OR USE THE BRIDGE SOLUTION.
If you have any questions or concerns about the terms of this Agreement, please contact us at applications@gradesmatch.co.za.
1. Definitions
In these Terms and Conditions:
“Access Information” has the meaning set out in Section 6.
“Agreement” has the meaning set out in the first paragraph of these Terms and Conditions.
“Applicable Law” means any domestic or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time during the term of this Agreement which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental or Regulatory Authority.
“Application” has the meaning set out in Section 2(a)(ii).
“Bridge Institutions” means any educational institution, company, organisation, financial services organisation, association or individual that Bridge has been instructed by the student to apply to, as per institution mandates.
“Bridge Solution” means the Bridge website and the Services, including the Content therein, as modified from time to time.
“Confidential Information” means information considered confidential or proprietary by Bridge, including the Bridge Solution, its business plan and strategy, any design, prototype, a compilation of information, data, program, method, invention, license, technique or process, information relating to any Bridge service, Bridge’s software, website and web platform, client and user information, financial information, marketing information, intellectual property, business opportunities, or research and development.
“Content” has the meaning set out in Section 2(a)(i).
“De-Identified Data” has the meaning set out in Section 5.
“Governmental or Regulatory Authority” means any national, provincial, territorial, state, county, municipal, quasi-governmental or self-regulatory department, authority, organization, agency, commission, board, tribunal, dispute-settlement panel or body, bureau, official, minister, Crown corporation, or court or other law, rule or regulation-making entity having or purporting to have jurisdiction over Bridge, you or any other person, property, transaction, activity, event or other matter related to this Agreement, including subdivisions of, political subdivisions of and other entities created by such entities.
“Party” means each of Bridge and you, and “Parties” means Bridge and you collectively.
“Personal Information” means information about an identifiable individual.
“Privacy Policy” has the meaning set out in Section 4(e).
“Recruiter” means any individual or entity that you engage to represent you to submit an Application using the Bridge Solution.
“Services” has the meaning set out in Section 2.
“Submission” has the meaning set out in Section 11(a).
“Terms and Conditions” has the meaning set out in the first paragraph of these terms.
“Your Data” has the meaning set out in Section 4(a)(i).
2. Services
Bridge’s services described in this Section 2 (collectively referred to as the “Services”) consist of the following:
Bridge will provide access to certain information, material or content (including pricing, features, promotions and information of third parties) contained on or provided through the Bridge website (the “Content”) to assist you in the process of becoming a student at certain Higher Learning Institutions within the Republic of South Africa, including but not limited to Program information, Entry requirements, and Fees.
Where applicable (Premium and Bridge package), Bridge will provide you with the ability to input Your Data into the Bridge Solution and will act as an intermediary to pass Your Data to the applicable Higher Learning Institutions in order to enable you to apply to programs offered by such Institutions (each, an “Application”).
Bridge will facilitate an Application by, on a case-by-case basis, assisting you with communications with the applicable Bridge Institutions, passing through Application fees and other payments associated with an Application, and providing guidance and advice associated with an Application.
3. License to Use the Bridge Solution
Subject to the terms and conditions in the Agreement and any restrictions contained in the Content, Bridge hereby grants you a personal, non-exclusive, revocable, non-transferable license to access the Bridge Solution solely for the purposes of using the Services, to view the Content, and to submit an Application to Higher Learning Institutions.
4. Your Data
(a) Your Data Must be Complete and Accurate
In order to use the Bridge Solution, you must:
Provide up-to-date, complete, and accurate Personal Information or other data submitted by you to the Bridge Solution or otherwise provided to Bridge, including name information, contact information, citizenship and legal status, gender, date of birth, home and mailing address, marital status, emergency contact information, financial information, education qualification, employment information, educational information, transcript, language test score, portfolios, identity or birth certificate documentation details, and information required for institution applications, including financial and medical information (“Your Data”), as requested by Bridge on Bridge’s website, and as required to process your Application.
Where payment is required, provide up-to-date, complete, and accurate payment information as required by Bridge or Bridge’s third-party payment processor, as applicable (which may include a valid PayFast, PayPal, or Stripe account, or credit card information for a credit card that is valid and legally registered to you).
Obtain all relevant permissions from any affected third party, such as your educational institution, for Bridge to collect Your Data.
(b) Quality of Your Data and Feedback
Bridge does not assess Your Data for quality or otherwise. Bridge, Higher Learning Institutions and other third parties to whom Bridge is permitted to pass Your Data under this Agreement may rely on the accuracy of Your Data provided by you to the Bridge Solution.
Any feedback you receive respecting Your Data is not the result of any specific examination by Bridge, nor any judgment exercised by Bridge, but rather is solely based on the compliance requirements of Bridge Institutions.
(c) Consent to Processing of Your Data
An integral part of the Bridge Solution entails the collection, processing, transmission, and disclosure of Your Data by Bridge, Higher Learning Institutions, and their service providers, and you hereby explicitly consent to:
Bridge’s provision of Your Data to any Bridge Institution, visa agencies, English and French test score organizations, professional bodies, service providers to Bridge (including hosting providers), and Governmental or Regulatory Authorities.
Communications from Bridge (including e-mail communications, both marketing and informational) respecting the Bridge Solution, and Bridge’s products and services.
(d) Ownership of Your Data
Nothing herein transfers any ownership of Your Data to Bridge in its original form.
(e) Privacy Policy
Your Personal Information will be handled in accordance with Bridge’s Terms of Use, accessible via the following link: https://www.gradematch.co.za/bridge/termsofuse (the “Privacy Policy”). Notwithstanding the foregoing, Bridge reserves the right at all times to disclose any Personal Information as it deems necessary to satisfy any Applicable Law, legal process or requirement of a Governmental or Regulatory Authority.
(f) Storage of Your Data in Other Jurisdictions
You acknowledge that, due to the nature of the Bridge Solution, Your Data uploaded to the Bridge Solution may be hosted on servers residing in jurisdictions other than South Africa, over which Bridge has no direct control. By using the Bridge Solution, Your Data may become subject to the laws of the jurisdiction in which such servers reside or to the terms of agreements respecting the hosting of data on such servers.
5. De-Identified Data
Bridge may itself, or may provide to third parties, Your Data and any data regarding your use of the Bridge Solution, in aggregated form, in a manner that does not identify you (“De-Identified Data”), subject to Bridge’s Privacy Policy, for Bridge’s business uses, including for the purposes of enhancing and fixing the Bridge Solution, performing analytics, marketing the Bridge Solution to third parties, and selling such De-Identified Data for profit. Bridge will own any and all intellectual property rights in the output of Bridge’s use of any such De-Identified Data.
6. Your Access Information
Bridge will provide you with certain information to allow you to use the Bridge Solution, such as one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you or your authorized representatives to obtain access to the Bridge website using the Access Information.
7. Your Representations and Warranties
You covenant, represent and warrant that:
You have reached the age of majority in your jurisdiction of residence and have the legal authority to create a binding legal obligation.
You will not permit anyone other than yourself or your authorized designate to obtain access to the Bridge Solution through your Bridge account or otherwise using your Access Information.
You will only use the Bridge Solution in accordance with this Agreement and Applicable Law.
You will comply with all applicable intellectual property laws in your use of the Bridge Solution and not infringe, violate or misappropriate the intellectual property rights of any third party.
You will comply with any Bridge Institution policies and procedures applicable to your Application.
Your Data is true, accurate, current, and complete, and if it becomes inaccurate, you will promptly notify Bridge or update Your Data on the Bridge Solution.
To the extent that you engaged a Recruiter to provide Your Data on your behalf for the purposes of using the Bridge Solution:
(A) the Recruiter has a legitimate educational interest in access to your educational records and information (the “Educational Records”), and
(B) in R.S.A., the Recruiter may have access to such Educational Records.You will not solicit any immigration or visa-related advice at any stage of a visa application or proceeding, from a Recruiter unless you have confirmed that the Recruiter complies with Applicable Law in the country to which you are applying and, if required, confirming that the Recruiter has registration pursuant to such Applicable Law.
You will not pay a related fee or other consideration to any unauthorized Recruiters for any immigration or visa-related advice unless they have confirmed to you that they are qualified under Applicable Law.
You will be solely responsible for all activities with respect to the Bridge Solution undertaken by you or your designates.
You will not use the Bridge Solution to provide commercial services to, or for the benefit of, any third party.
You have the right and authority to enter into this Agreement, to grant the rights and licences referred to in this Agreement, to use the Bridge Solution, and to post or upload any content to Bridge’s website or otherwise provide such content and Your Data to Bridge.
You have all legal rights necessary to use the Bridge Solution, both in the jurisdiction in which you are located and in the jurisdiction where the Bridge Institution you are applying to is located, including the right to access the Content and the right to make the Application and provide Your Data.
You are not located in a country that is subject to the Republic of South Africa Government embargo or sanctions that would prevent you from becoming a student.
You are not listed on any South African Governmental or Regulatory Authority list of prohibited or restricted parties.
You agree to obtain all authorizations necessary from any third parties for your use of any third-party data in conjunction with the Bridge Solution.
You will ensure that your use of the Bridge Solution does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including Bridge and other users of the Bridge Solution.
You will not in any way use the Bridge Solution to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, fraudulent activities, deceptive impersonation, or any activities that violate any third party’s privacy rights.
You will not interfere with or in any manner compromise any of Bridge’s security measures.
You will not alter, modify, delete, or otherwise interfere with or in any manner compromise any Content or features accessible through the Bridge Solution, including the forms, Content delivery, and display functionality of the Bridge website.
You will cooperate with Bridge and provide the information requested by Bridge to assist Bridge and any Governmental or Regulatory Authorities in investigating or determining whether there has been a breach of this Agreement or Applicable Law.
You will comply with the terms and conditions of any agreements entered into between you and any third party (including the Bridge Institutions, the service providers for any Internet services you use in conjunction with the Bridge Solution, and the hardware providers for any mobile device or other computing equipment through which you use the Bridge Solution). To the extent such agreements impose additional restrictions respecting your use of the Bridge Solution, you will use the Bridge Solution in compliance with those restrictions.
8. Restrictions and Limitations on Your Use of the Bridge Solution
Access to Programs
You acknowledge that only certain Bridge Institutions have agreements with Bridge to enable you to make an Application to such Bridge Institutions through the Bridge Solution, and that not all educational study programs of such Bridge Institutions may be offered through the Bridge Solution.Usage Policies
The Bridge Solution will be subject to the usage policies as provided to you by Bridge from time to time, including in electronic form by posting on Bridge’s website. Such policies may include limitations on data storage space, and equipment/software requirements. You are solely responsible for compliance with such policies.Equipment
You are solely responsible for the selection, implementation, installation, maintenance, and performance of any and all equipment, software, and services used in conjunction with the Bridge Solution (except for Bridge’s own systems), including your choice and use of your Internet Service Provider.Data Integrity and Back-up
You acknowledge and agree that Bridge cannot guarantee data integrity and that it is solely your responsibility to back up any of Your Data that you use in conjunction with the Bridge Solution.Not for Time-Sensitive Applications
The Bridge Solution is not developed or licensed for use in any inherently dangerous, time-sensitive, or mission-critical manner.Restrictions on Bridge Website Use
You will not:Copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile, or convert into a human-readable form the Bridge Solution, or any part thereof.
Distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Bridge Solution, in whole or in part, to any third party on a temporary or permanent basis.
Remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Content (including without limitation any copyright notice).
Use the Bridge Solution in any way inconsistent with the use parameters for the Bridge Solution.
Attempt to hack the Bridge Solution or any communication initiated by or made through the Bridge Solution or to defeat or overcome any encryption or other technical protection methods implemented with respect to the Bridge Solution, data or Content.
Collect any information or communication about the users of the Bridge Solution by monitoring, interdicting, or intercepting any process or communication initiated by the Bridge website, or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.
Use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse, trap door, time bomb, or any other code or instructions designed to provide a means of surreptitious or unauthorized access to the Bridge Solution or any computer system, or that is designed to monitor, distort, delete, damage, or disassemble the Bridge Solution or its ability to communicate and perform the Services.
Authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth above, or attempting to do so.
9. Investigations
Bridge reserves the right to investigate suspected violations of this Agreement.
You will cooperate with:
(A) Governmental or Regulatory Authorities in the investigation of suspected criminal violations;
(B) Bridge Institutions investigating academic fraud or other misdemeanours, relating to your Application or otherwise; and
(C) system administrators at Internet service providers, networks or computing facilities, and other content providers, in order to enable Bridge to enforce the terms and conditions of this Agreement.
10. Your Obligation to Report Errors
You will promptly and accurately report to Bridge any actual or apparent errors, problems, nonconformities or other difficulties with the Bridge Solution, along with any other information reasonably requested by Bridge to aid in resolving such errors, problems, nonconformities or other difficulties, and hereby consent to the collection, processing, transmission and disclosure of such information by Bridge for the purposes of Bridge’s internal use to improve the Bridge Solution or other Bridge products or services.
11. Submissions
Any suggestions, bug reports or other communications respecting the functionality of the Bridge Solution or Bridge’s website that you transmit to Bridge by any means (each, a “Submission”), are considered non-confidential and may be disseminated or used by Bridge or any third party without compensation or liability to you for any purpose whatsoever, whether for inclusion as part of the Bridge Solution or otherwise.
You hereby grant Bridge, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including for promoting, improving and developing the Bridge Solution. This provision does not apply to Personal Information that is subject to Bridge’s Privacy Policy.
12. Fees, Payment and Taxes
Fees
You will pay all applicable fees in connection with the Bridge Solution, as set forth in Bridge’s standard price list, as set forth on Bridge’s website or as otherwise provided to you. Fees are quoted and payable in South African Rands for South African related Applications. Fees are quoted and payable in United States of America Dollars (USD) for international students intending to study in South African higher learning institutions.
Bridge may require you to pay an Application processing deposit depending on the Bridge Institution for which you are applying, other characteristics applicable to applicants, and the related likelihood of an Application being successful due to Bridge Institution minimum admission requirement approvals. The details regarding the Application processing deposit which it will apply may be viewed on the Bridge website and may be changed by Bridge from time to time. The situations where an Application processing deposit is refundable and situations where an Application processing deposit will NOT be returned to you are set out on the Bridge Website. The situations where an application processing deposit will not be returned to you include the following if: (a) you fail to provide the required documents to process the application; (b) your bridge institution application is rejected; or (c) you cancel your application before an admission decision is received.
Certain fees charged by Bridge under this Agreement are set by Bridge Institutions or other third parties, and Bridge has no control over the fee amount, but simply remits such fee directly to the applicable Bridge Institution or a third party, and that payment obligations are therefore non-cancellable and fees paid are non-refundable.
Bridge reserves the right to modify such fees, upon reasonable notice, which may be performed by updating Bridge’s standard price list, as set forth on Bridge’s website.
Your use of the Bridge Solution following such changes constitutes your acceptance of any new or increased charges.
Fee Payment
Where you pay fees by means of a credit card, you authorize Bridge or its third-party payment processor to automatically charge you for any and all fees incurred by you for the Bridge Solution. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection.
The foregoing will not limit Bridge’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you will also be responsible for paying for all reasonable fees and costs incurred by Bridge, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
Without limiting the foregoing, Bridge reserves the right not to process any Application or portion thereof prior to obtaining full payment of fees from you.
Interest on Late Payments
In addition to any other rights and remedies available to Bridge, Bridge will be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, such interest commencing as of the due date for such payment.Taxes
You are responsible for and will pay all taxes relating to this Agreement, excluding any taxes based on the net income of Bridge. Unless otherwise indicated, all amounts payable by you under this Agreement are exclusive of any tax, duty, levy, or similar government charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession or use of the Bridge Solution, the execution of this Agreement or otherwise.
If you are required to withhold any taxes from payments owed under this Agreement, the amount of payment due will automatically be increased to offset such tax, so that the amount actually remitted to Bridge will equal the amount due.
You will promptly furnish Bridge with copies of all official receipts evidencing payment of taxes due under or in relation to this Agreement to the appropriate taxing authority.
13. Confidential Information
You must keep the terms of this Agreement and all information provided by Bridge confidential, except to the extent required to perform the Recruitment Services.
You acknowledge that, during the course of the term of this Agreement, you may be exposed to Confidential Information.
At all times during the Term and at all times following termination of this Agreement, whether voluntary or involuntary:
you will maintain all Confidential Information in strict confidence, will take all necessary precautions against unauthorized disclosure of the Confidential Information, and will not directly or indirectly disclose, allow access to, transmit or transfer any Confidential Information to a third party without the knowledge and express written consent of Bridge;
you will not use, disclose or reproduce the Confidential Information except as reasonably required in the receipt of the Services and with the knowledge and express written consent of Bridge; and
you will advise Bridge immediately in writing of any misappropriation, disclosure, conversion or misuse by any person of any Confidential Information of which you may become aware.
Subject to Bridge’s ability to disclose Your Data as permitted under this Agreement, Bridge will use reasonable commercial endeavours to safeguard Your Data and keep it confidential, while Your Data is in Bridge’s control, including implementing organisational and technical measures to protect your Personal Information. Bridge may also retain and disclose Your Data to: (i) Governmental or Regulatory Authorities to the extent required by Applicable Law; (ii) its professional advisors to the extent required to: (A) enable Bridge to fulfil its obligations pursuant to Applicable Law; or (B) defend or bring a claim relating to a breach of this Agreement.
The non-disclosure obligations under this Agreement will not apply to information which a Party can establish:
is, or becomes, readily available to the public other than through a breach of this Agreement;
was disclosed, lawfully and without breach of any contractual or other legal obligation, to a Party by a third party without any confidentiality obligation attached to such information;
was lawfully known to a Party without any confidentiality obligation prior to receipt of the information; or
was independently developed or discovered by a Party outside of the course of such Party’s performance of their obligations under this Agreement, without any reference to any Confidential Information obtained directly or indirectly from the disclosing Party.
You will immediately return to Bridge all Confidential Information which is in your possession or control upon the earlier of a request by Bridge or the termination of this Agreement (whether voluntary or involuntary).
Damages may not be an adequate remedy to compensate Bridge for any breach of your obligations contained herein, and accordingly, you agree that in addition to any and all other remedies available, Bridge will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.
14. Intellectual Property
The Bridge Solution is owned by Bridge or its third-party licensors, who retain all right, title and interest therein. The Bridge Solution is protected by South African and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the Bridge Solution. You do not acquire any intellectual property or other proprietary rights under this Agreement, including any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Bridge Solution, or any part thereof. Any rights not expressly granted under this Agreement are reserved to Bridge or its third-party licensors.
15. Term and Termination
This Agreement will commence upon your acceptance of these Terms and Conditions on the Bridge website.
This Agreement may be terminated by either Party for any reason, without cause, upon 30 days’ written notice addressed to the other Party.
This Agreement may be terminated by Bridge immediately upon notice for cause if:
you commit a material breach of this Agreement and fail to rectify the breach within 30 calendar days of Bridge delivering notice of the breach; or
you commit a breach of any of your representations in this Agreement; or
if Bridge is prevented from providing any portion or all of the Bridge Solution due to:
(A) your acts or omissions in breach of this Agreement;
(B) acts or omissions of any third party (including any Bridge Institution); or
(C) any Applicable Law or ruling issued in any form whatsoever by a Governmental or Regulatory Authority.
16. Effect of Termination or Expiry
Upon any termination or expiry of this Agreement for any reason (whether by you or by Bridge), you must cease all use of the Bridge Solution.
Termination or expiry of this Agreement, for any reason, will not affect your payment obligation for any fees accrued hereunder or payments owing prior to the effective date of termination or expiry.
The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party.
Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, including this Section 16, will do so.
17. Disclaimers
Disclaimer of Implied Warranties
The Bridge Solution, including for greater certainty, the content, and references, links and information in the content, is provided to you “as is” without warranty or conditions of any kind, whether express or implied, including the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.Your Reliance on Content
Bridge has no special relationship with or fiduciary duty to you, and you acknowledge that Bridge has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Bridge Solution, including how you or any other user may interpret or use content accessed or developed through the Bridge Solution, or what actions you may take as a result of having been exposed to content obtained through the Bridge Solution.
The content on the Bridge Solution includes references to third parties, including the Bridge Institutions, links to third party websites or documents. It incorporates information obtained from third parties, including Bridge Institutions. Content may also be created by Bridge based on such third-party information, which may change from time to time without notice to Bridge.
While Bridge ensures rigorous testing of data and regular monitoring of changes, Bridge assumes no responsibility for any errors, omissions, inaccuracies, effectiveness, standards compliance, copyright compliance, legality, decency, or any other aspect of the content provided through the Bridge Solution.
Explicitly, We make no guarantees, representations or warranties, whether expressed or implied, with respect to qualifications & bursary requirement information herein. The various companies and institutions are at liberty to change their requirements as they see fit. We do not in any way endorse any institutions/company described herein. In no event will we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Under no circumstances will Bridge be liable for any loss or damage caused by your reliance on content obtained through use of the Bridge Solution, including any third-party linked site (including any opinions, statements or advice).
It is your responsibility to evaluate the accuracy, completeness and usefulness of any content provided, and use of the Bridge Solution is solely at your own risk.
Bridge will have no liability whatsoever respecting any claim by you or any third party whose content is collected in your use of the Bridge Solution, whether related to privacy or otherwise, in relation to Bridge’s use of Your Data to provide the Bridge Solution.
Control of Third Parties
Bridge has no control over Bridge Institutions or any other entity granting visas, admissions, permits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not Bridge, and therefore release Bridge from all liability in relation to your Application.Rejection of Applications
Bridge is not responsible in any way for your Application, mistakes in Your Data, or your failure to obtain entrance to your selected Program(s) or Bridge Institutions(s).Issues with Bridge Institutions
All issues respecting Applications, Programs, and your failure to comply with Bridge Institution policies, are solely as between you and the applicable Bridge Institution, and Bridge bears no responsibility or liability in relation to such matters.Inability to Access Country
You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities.Service Providers
Although Bridge has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that Bridge has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release Bridge from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data.Unauthorized Use of Access Information
Bridge is not responsible or liable in any way for any use of the Bridge Solution (authorized or unauthorized) by any third party accessing the Bridge Solution using your Access Information, and you accept all responsibility for such use of the Bridge Solution and any consequences resulting from such use.Use for Time-Sensitive Applications
You agree that Bridge will not be liable for any claims or damages arising from such use if you use the Bridge Solution for a time-sensitive use.Availability of the Bridge Solution
Bridge will have no liability whatsoever to you or any party claiming by or through you for the timeliness or continued availability of the Bridge Solution.Applicable Law
Some jurisdictions do not allow the exclusion of certain warranties or liability, so the above limitations or exclusions may not apply to you.Viruses
The downloading and viewing of Content is done at your own risk. Bridge cannot and does not guarantee or warrant that the Bridge Solution or the Content is compatible with your computer system or that the Bridge Solution, or any links from the Bridge Solution or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Bridge Solution.Communications Not Confidential or Secure
Bridge does not guarantee the confidentiality of any communications made by you through the Bridge Solution, over the Internet or over the telephone. Although Bridge generally adheres to accepted industry practices in securing the transmission of data to, from and through the Bridge Solution, you understand, agree and acknowledge that Bridge cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Bridge Solution.
18. Your Indemnities
You will indemnify, defend and hold harmless Bridge, and all of its officers, directors, employees and agents, its parent company, subsidiaries and affiliates, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, directly or indirectly due to, arising out of or in connection with:
your access to the Bridge Solution, and any reliance on any Content obtained by you through the Bridge Solution; or
your unauthorized use or misuse of the Bridge Solution; or
your breach of this Agreement; or
the infringement, violation or misappropriation by you, or any third-party obtaining access to the Bridge Solution through your Access Information, of any intellectual property or another right of any third person or entity; or
your violation of any Applicable Laws.
19. Limitation of Liability
To the maximum extent permitted under Applicable Law, in no event will Bridge be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not Bridge is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Bridge Solution.
To the maximum extent permitted under Applicable Law, in no event will the total aggregate liability of Bridge in connection with or under this Agreement or your use of, or inability to make use of, the Bridge Solution, or for any other claim related in any way to your use of, or inability to make use of, the Bridge Solution exceed the sum of R10,000 South African Rands. For greater certainty, the existence of one or more claims under this Agreement will not increase the maximum liability amount.
Nothing in this Agreement limits Bridge’s liability for fraud, personal injury or death to the extent found to be caused by Bridge’s negligence or wilful misconduct.
The limitations in this Section reflect the allocation of risk between the Parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you.
20. General
Except as otherwise provided herein, the Parties’ rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. Any rule of construction to the effect that any ambiguity in this Agreement will be resolved against the drafting party will not be applied to the interpretation of this Agreement.
Force Majeure
Neither Party will be liable for delays caused by any event beyond its reasonable control, except non-payment of amounts due under this Agreement will not be excused by this provision.Contracting Status
Nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the Parties. Except as expressly authorized by Bridge in writing, you will neither act nor purport to be acting as the legal agent of Bridge, nor enter into any agreement on behalf of Bridge or otherwise bind or purport to bind Bridge in any manner whatsoever.Notices
Any notices, reports or other communications required or permitted to be given under this Agreement will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to you or Bridge at the respective addresses as advised in writing. Any such notices, reports, or other communications will be deemed to have been received by the Party to whom they were addressed:
(i) upon delivery by hand,
(ii) five business days after being sent by registered mail,
(iii) upon delivery by courier, as evidenced by the courier receipt,
(iv) upon successful receipt confirmation report after being sent by facsimile, or
(v) if sent by email, upon receipt by the sender of a delivery receipt confirmation.No Waiver
No waiver by either Party of a breach or omission by the other Party under this Agreement will be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party will not affect or impair the rights of the waiving Party in respect of any subsequent breach or omission of the same or different kind.Severability
If any one or more of the provisions of this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision will be severable from this Agreement, in which event this Agreement will be construed as if such provision had never been contained herein.Governing Law
This Agreement will be governed by and construed under the laws of the Province of Ontario, Canada. The Parties hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting and enforcing this Agreement, choice of law principles will not apply. The Bridge Solution is intended for use only in jurisdictions where it may be lawfully offered for use.
Except as restricted by Applicable Law, Recruiter hereby consents to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Bridge Solution.
Entire Agreement/Modification
This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements and understandings relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both Parties.Electronic Agreement
You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by Bridge to show your acceptance of this Agreement and/or your agreement to use the Bridge Solution), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Bridge Solution, including the Application.Furthermore, you hereby waive any rights or requirements under any Applicable Laws in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under Applicable Law.
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.English Language
It is the express will of the Parties that this Agreement and all related documents have been drawn up in English.
C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
21. Contact
Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to Bridge or its business, should be directed to Bridge at:
info@gradesmatch.co.za
Contact Us
Vunani Office Park
151 Katherine Street | Sandown | Sandton
info@gradesmatch.co.za
08:00 - 17:00
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