End-user Licence Agreement

All rights reserved – ITSI and Associated Publishers


In this Agreement, unless inconsistent with, or otherwise indicated by the context,

  • “User” refers to the school, the educators as well as the students that will use the e-books on the ITSI Solution.
  • “ Purchaser ” refers to the school that has a contractual agreement with ITSI.
  • “ ITSI ” refers to ITSI Holdings (Pty) Ltd as well as the associated publishers with whom ITSI has signed an agreement to act as distributor/aggregator of their e-books.

Use of E-books

Please read this licence agreement carefully before using the e-books available on ITSI’s Solution. The use of these e-books constitutes an agreement to the terms and conditions set forth in this Licence Agreement by the user. The work is protected under copyright by ITSI; to grant the user of the e-books a non-exclusive, non-transferable licence to download and use the e-books under the following terms and conditions:

  • You may download an individual e-book bound to a single username. Each username will be required to purchase their own copy of the e-book.
  • You may annotate the text contained in any e-book through the miEbooks application. This includes notes, summaries and highlights as well as pushed resources from the educators.
  • You may not modify, alter, revise or otherwise change any e-books.
  • You shall not create derivative works from or of any e-book as per the applicable copyright laws.
  • You shall not use any robot, spider, data miner, crawler, scraper or other automated means to access or index the e-books or any portion thereof, including but not limited to any metadata associated with the e-books.
  • You shall not bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the e-books.
  • You shall not move, copy, reproduce, network or otherwise transfer any e-book file to any computer or other device of any other person; provided, however, that you may transfer e-book files to your own computers or other devices to the extent permissible by the applicable file-reading program (which, as noted below, is the miEbooks application).
  • You shall not share, lend, lease, rent, sell, licence, sublicence, transfer, network, reproduce, display, distribute, or otherwise make any of the e-books available to any other person.


The e-books available, including its content, images and associated resources on the ITSI Solution, are licenced to the user by ITSI, associated publishers and authors. The licences granted herein are limited to the Author’s intellectual property rights and does not include any other patents or intellectual property rights. You own the media to which you have downloaded or copied the e-books, but the Publisher and Author retains all rights, title, and interest in and to the e-books, including all copyrights and ownership rights. The e-books and any copies that this licence authorises you to make, are subject to all the terms and conditions contained in this licence agreement.If you downloaded the e-books from a site or using a device that requires you to accept any other user agreement, you are bound by both this licence and any site- or device-specific agreement. In case of a conflict between this licence and any site-specific agreement, the more restrictive terms will apply. If your download site or device applies any form of Digital Rights Management to the e-books, you may not remove or disable that Digital Rights Management.


The e-books are the property of the Publisher and is protected by the Copyright Act 98 of 1978 of the Republic of South Africa and worldwide by various copyright and intellectual property laws and treaties. You do not acquire ownership rights to any of the e-books through the use of this product. You agree to abide by any and all additional copyright notices, information, or restrictions associated with this product, including but not limited to Creative Commons and online licensing agreements. By accessing and/or using the e-books in any way, you acknowledge the validity and enforceability of the Publisher and Author’s copyrights and agree that you will not in any way infringe, either directly or indirectly, the Publisher and the Author’s copyrights in and to the e-books.

Permitted Uses and Restrictions

This licence allows you to download and use an e-book bound to a single username. Each new username will require a unique purchase of the e-book.

Limited Permission to Reproduce the E-books

No part of the e-books may be reproduced in any form, except that extracts of the text, tables, charts, maps, and images may be reproduced in papers or presentations of a personal nature (e.g. student papers, presentations given by you personally), provided that all of the following conditions are met (percentages are percentages of the content area as printed or displayed):

  • The distribution of the report or presentation is limited to members of classes you personally attend or audiences you personally address.
  • Extracts are used to support or illustrate your own writing or other content, and do not exceed twenty percent (20%) of the document, publication, or any web page in which they appear.
  • Extracts do not misrepresent the meaning of the e-books from which they are extracted.
  • Extracts do not exceed fifteen percent (15%) of the content of any section of e-books as listed in the Table of Contents.
  • All content shall be referenced in terms of its origin, copyright owner, author and date of production.


The e-books are provided in an encrypted electronic publishing format, namely MPUB/MPDF) and must be viewed with a special file-reading program, namely the miEbooks application. The miEbooks application is available on Android, Apple iOS and Windows platforms, as downloads from the Internet. Minimum device specifications and platform versions are applicable.

Limited Warranty

ITSI warrants only that the downloaded file will be readable on the platform(s) stated on the download site, using the miEbooks application current at the time of download. It is not warranted that all recommended software packages will support all features of the e-books, and is known that reader software for some platforms intentionally do not support some navigational features.ITSI does not guarantee that the information in this publication is error-free, or warrants that it will meet the user’s requirements or that the operation of the publication will be uninterrupted or error-free. This publication is provided “as is” without warranty of any kind, either expressed or implied or statutory, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the results and performance of this publication is assumed by the user.

Limitation of Liability

In no event will ITSI be liable for any damages, including, without limitation, incidental and consequential damages and damages for lost data or profits arising out of the use or inability to use the publication. The entire liability of ITSI shall be limited to the amount actually paid by the user for the e-book or e-book licence agreement.

Controlling Law and Severability

This licence shall be governed by the laws of the Republic of South Africa. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this licence shall continue in full force and effect.


For Direct Purchases, non-defective e-books are purchased by the user on a non-refundable basis. If there is a defect in the e-book file that prevents the user from reading the e-book as intended, ITSI will first attempt to replace the defective e-book with one in proper working order. In the event that ITSI cannot replace the defective e-book in a reasonable timeframe, ITSI may issue a refund. ITSI reserves the right to modify or withdraw at any time any e-book from access by the user at the request of the associated publishers or for any other reason.

Other terms incorporated

The following additional ITSI terms, policies and agreements are expressly incorporated herein and form a binding agreement as if produced fully herein:

  • ITSI Terms and Conditions
  • ITSI Privacy Policy
  • ITSI Solution Agreement

miEbooks – Privacy Policy

Below we describe how ITSI (Pty) Ltd. (“ ITSI”) and its subsidiaries collect, use and handle your information when you use the miEbooks application, the ITSI Educator Console, the ITSI Admin Portal or the ITSI Store (” Services“).

What do we collect and why do we collect it?

We collect and use the following information to provide, improve and protect our Services:

Account: We collect, information like your name, surname, and account activity, and associate this with your account via your username.

Services: ITSI aims to provide you with an effortless and enhanced teaching and learning experience. To make that possible, we store, process, and transmit data such as files, annotation, actions and information related to it. This related information is typically data such as your user account information that makes it easier provide a personalised learning experience.

Usage: We collect information related to how you use the Services, including actions you take in your miEbooks app (like paging through e-books, opening resources and making annotations). This helps us provide analytics and insights to improve the service we offer to you.

How do we share the collected data?

We may share information as discussed below, but we will not sell it to advertisers or other third parties.

Law & Order: We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ITSI or our users; or (d) protect ITSI’s property rights.

ITSI adheres to the following principles when responding to government data requests for our users data:

  • User Protection,
  • Transparency,
  • Fight blanket requests.

ITSI staff:  Limited ITSI staff may have the ability to access and control your ITSI account. This type of access is typically granted when a problem occurred on your account and ITSI needs to investigate.

Other users: Our Services display information like username, app version and platform to other ITSI users in your institution.

No personal data will be shared with any other third party without your permission.

How does ITSI protect your data?

Security: We are continuously working on features to keep your information and data safe. This includes but is not limited to vulnerability tests, file encryption, password and key rotation.

Retention: We’ll retain information you store on our Services for as long as we need it to provide you a Service. If you delete your account, we’ll also archive this information in a safe location for a 12-month period where after it will be deleted. In the event that you want to use our services again within the 12-month period, we can retrieve your information and you can seamlessly continue the use of our Service.

Where does ITSI store your data?

To provide you with the Service, we store, process and transmit data globally – including locations outside your territory of use. Information may also be stored locally on the devices you use to make use of the Service.


Any questions, concerns or comments can be directed to  helpdesk@it.si.

This policy may be revised from time to time. The latest version is available at https://www.it.si/miebooks-privacy.

ITSI GDPR Privacy Policy

How We Use Your Information

We care about your personal data and it’s important that you know how we use it and how we keep it safe. This Privacy Policy covers how, when and why we use your information. This Privacy Policy also explains the choices you can make about the way in which we use your information and how you have the right to change your mind at any time. This Privacy Policy is not exhaustive, and we are always happy to provide any additional information or explanations where needed.

Please contact our Data Protection Officer either by email, telephone using these contact details:

Information Officer
ITSI Holdings

This Privacy Policy applies to all information held by ITSI relating to individuals, whether you are a student, educator, member of staff, supplier or contractor.

Reviews of and Changes to our Privacy Policy

We will review our Privacy Policy on an annual basis. This Privacy policy was last reviewed in January 2018.

Information We Collect and Hold About You

We need to use information about you in various forms and we will only use the minimum amount of information necessary for the purpose. Sometimes we will use information that does not identify you for analytics and anonymised reports.

We will ensure that your information is:

  1. processed fairly and lawfully
  2. obtained only for specific, lawful purposes
  3. adequate, relevant and not excessive
  4. accurate and kept up to date
  5. not held for any longer than necessary
  6. processed in accordance with the rights of data subjects
  7. protected in appropriate ways
  8. transferred outside the European Economic Area (EEA), only if that country or territory also ensures an adequate level of protection

Types of Information Processed

ITSI processes information about individuals in several forms:

  1. Identifiable – information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
  2. Pseudonymised – information where identifying characteristics of subject are replaced with pseudonyms, or, in other words, values which does not allow the data subject to be directly identifiable.
  3. Anonymised – information that does not allow identification of the subject to whom it relates, and it is not possible that any subject could be identified from the data by any further processing of that data or by processing it together with other information which is available or likely to be available.
  4. Aggregated – statistical information about a group of individuals that has been combined to show general trends or used for benchmarking purposes.

The records held by ITSI may be in physical (paper) or digital form.

Legal Obligations to Collect and Use  Information

In the circumstances where we are required to use personal identifiable information, we will only do this if:

  1. We have received written consent from you to use your information for a specific purpose e.g. if it’s part of the performance of the contract between us – to do the work requested or execute the contract entered into or for personalised analytics.
  2. There is an overriding public interest in using the information e.g. in order to safeguard an individual or to prevent a serious crime.
  3. There is a legal requirement that will allow us to use or provide information e.g. a formal Court order or subpoena.

Our Commitment to Data Privacy and Confidentiality Issues

ITSI is committed to protecting your privacy and will only process personal confidential data in accordance with the Data Protection Act 1998, the General Data Protection Regulation (2018) and the Protection of Personal Information Act (2018).

The various laws and rules about using and sharing confidential information with which ITSI will comply are available at:

  1. https://ico.org.uk/
  2. https://www.eugdpr.org/
  3. http://www.justice.gov.za/inforeg/

ITSI is a Data Controller and under the terms of the Data Protection Act 1998 and the General Data Protection Regulation (2018) we are legally responsible for ensuring that all personal confidential data that we collect and use i.e. hold, obtain, record, use or share about you is done in compliance with this legislation.

All data controllers must notify the Information Commissioner’s Office (ICO) of all personal  information processing activities. Our ICO Data Protection Register number is ZA234999 and our entry can be found in the Data Protection Register on the Information Commissioner’s Office website at https://ico.org.uk/ESDWebPages/Entry/ZA234999 .


All identifiable information that we hold about you will be held securely and confidentially. We use administrative and technical controls to do this. Only a limited number of authorised staff have access to information that identifies you where it is appropriate to their role and is strictly on a need-to-know basis. ITSI staff and management receive appropriate and on-going training to ensure they are aware of their personal responsibilities and have contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. All staff are trained to ensure they understand how to recognise and report an incident ensuring that ITSI is able to investigate and manage any incidents in the correct way as set out by the various acts mentioned above.

Your information will not be sent to organisations where the protection of personal information laws do not protect your privacy to the same extent as the law in the UK. We will never sell any information about you.

Device Information

We collect information from or about devices where you install or access the ITSI Platform.

In some cases, ITSI collates  the information we collect from your different devices  with your user profile . Here are some examples of the device information that we collect:

  1. Attributes such as the operating system, hardware model, device settings, device identifiers storage space.
  2. Connection information such as the name of your mobile operator or ISP, browser type, Wireless SSID, Network type, language and time zone and IP address.

Furthermore, ITSI keeps track of your in-app activity and collects the events for meaningful analytics. Examples include:

  1. Book opened
  2. Page changed
  3. Resource viewed
  4. Help viewed
  5. When you enter and exit miEbooks

Please note: We do not track any events outside of the ITSI Platform.

Personal Information

We collect the content and information that you provide when you use the ITSI Platform, including when you sign up for an ITSI Store account. This can include information in or about the content that you are accessing or uploading, such as the date a file was created. We also collect information about how you use the ITSI Platform, including when you create, share and open resources, open e-books and complete assessments.

Payment Information

ITSI does not store any payment information, all payment information is stored by trusted, PCI compliant third party providers. More information on the data processing procedures of our payment providers can be found here:

  1. https://www.paypal.com
  2. https://www.payfast.co.za

Cookies are small pieces of information that are stored on your computer, tablet or mobile phone when you visit a website. ITSI uses cookies to make our website and services work better for you and we recommend that you leave cookies switched on. If you wish to disable cookies, you can find more information in the help/support page of your web browser.

Types of cookies used

Strictly necessary cookies

These are cookies which are needed for our websites, applications or services to function properly, for example, these cookies allow you to access secure areas of our website or to remember what you have put into your ITSI Store cart.

Performance cookies and analytics technologies

These cookies collect information about how visitors and users use our websites, applications and services, for instance which functionality visitors use most often, and if they get error messages from areas of the websites, applications or services . These cookies don’t collect information that identifies a visitor or user. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies to improve how our website, applications and services work.

Functionality cookies

These cookies allow our websites, applications and services to remember choices you make (such as your username or language) and provide enhanced, more personal features. These cookies may also be used to provide services you have asked for. The information these cookies collect cannot track your browsing activity on other websites.

IP Address and traffic data

We keep a record of traffic data which is logged automatically by our servers, such as your Internet Protocol (IP) address and device information. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics.

Your Rights as a Data Subject

As a data subject you have certain legal rights which ITSI should adhere to:

  1. The right to have your information processed fairly and lawfully
  2. The right to access any identifiable information ITSI holds on you.
  3. The right to privacy and to expect ITSI to keep your information confidential  and secure.
  4. The right to request that your personal information is not used beyond your own usage of the ITSI environment
  5. The right to be forgotten or the right of erasure of your information
  6. The right to rectify any information we hold about you.
  7. The right to object to the processing of your information and to restrict the processing or to limit the purposes for which your data can be used.
  8. The right to data portability to move your account details from one online platform to another

If we do hold identifiable information about you and you have any queries about the information we  hold please contact the Data Protection Officer using the details below:

Information Officer
ITSI Holdings

You have the right to refuse/withdraw consent to information sharing at any time by using the  contact details above. If there are any consequences to withdrawing consent these will be fully  explained and discussed with you first.

Complaints Procedure

ITSI aim to meet the highest standards when collecting and processing your personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring concerns and suggestions to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. Complaints or suggestions regarding the processing of information should be directed to:

Information Officer
ITSI Holdings

You can also raise a concern directly with the ICO; although ITSI’s aim is to resolve your complaint swiftly ourselves in the first instance.

Terms of Use

The following terms and conditions (“Terms of Use”) regulate the use of the websites, apps, online-platforms, software and/or computer programs (“Platform”) owned or controlled by Optimi Holdings (Pty) Ltd or its affiliates or subsidiaries (collectively “Optimi” or “we” or “us” or “our”).

Many of our Platforms enable you to shop online for various product we offer (“Products”) as well as view and use the information, material and/or functions found on, or associated with, our Platforms (“Services”). These Terms of Use regulate the use of our Platforms as well as the ordering, purchase, sale, delivery and use of any Products and/or Services offered via our Platforms.

Use of our Platforms is conditioned upon your acceptance of all terms, conditions, policies and notices stipulated in these Terms of Use. By visiting our Platform you agree to be bound by these Terms of Use, including those additional terms, conditions and/or policies referenced or hyperlinked in these Terms of Use or on the relevant Platform or provided through our Products and/or Services. These Terms of Use must be read together with such additional terms, conditions and policies. These Terms of Use supplement such additional terms, conditions and policies and is not intended to override them.

Please read these Terms of Use and all associated terms, conditions and policies carefully before accessing or using our Platforms. If you do not agree to these Terms of Use, you may not access or otherwise use our Platforms, Products and/or Services.

By agreeing to these Terms of Use, you represent that you are at least the age of majority, or that you are the age of majority and you have given us your consent to allow your minor dependent to use our Platforms. A minor may only use our Platforms with the consent and supervision of a parent or legal guardian and in such event the parent or legal guardian agrees to be bound to these Terms of Use.

We expressly reserves the right, in our sole and absolute discretion, to alter and/or amend any criteria, information, prices, Products or Services displayed on our Platforms without prior notice and may, in our sole discretion, change the terms and conditions of using our Platforms at any time without prior notice. It is your responsibility to continually review these Terms of Use. Your continued use of our Platforms constitutes your acceptance of any modification, changes or revisions to these Terms of Use. These Terms of Use cannot be amended without our express written consent.




You are solely responsible for the operation, performance and security of your computer system, device, network and other computing resources used to connect to our Platforms. It is your responsibility to ensure that the device you use to access our Platforms meets all the technical specifications necessary to be compatible with, and allow proper use of, our Platforms. It is your responsibility to implement adequate safeguards and virus checks on the device you use to access our Platforms, to sufficiently protect the safety and reliability of data input and output relating to our Platforms.

In terms of Section 86 of the Electronic Communications and Transactions Act, Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of our Platforms or to otherwise interfere with the proper functioning thereof. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to our Platforms or attempts to gain unauthorised access to our Platforms shall be held criminally liable, and in the event that we should suffer any damage or loss, civil damages may be claimed.

While using our Platforms, you may not:

  • Attempt to gain access to any Platform, Product or Service through unauthorised means;
  • Attempt to circumvent, hack or tamper with the security and other features of our Platforms;
  • Knowingly or negligently access or use our Platforms in a manner that abuses or disrupts the network, security system or services of our Platforms, interferes with the proper functioning of our Platforms or is otherwise unlawful;
  • Attempt to modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or decipher any code relating to our Platforms;
  • Transmit material which is defamatory, offensive, abusive, harassing, obscene, slanderous, contains or amounts to hate speech or is otherwise unlawful;
  • Transmit any unauthorised advertisement, junk mail or spam, or any material that may infringe our intellectual property rights or that of any third party; 
  • Transmit material that is harmful to computer code or contains software viruses.

We may, at our discretion, restrict your access to all or part of our Platforms in the event your use infringes the provisions of these Terms of Use.

You agree to immediately notify us of any unauthorised use, or breach of security, of our Platforms. Unauthorised use or security breaches may be reported at info@optimi.co.za.


User account


In order to purchase and/or make use of certain Products and Services, you may be required to register an account with the Platform offering such Product or Service (“User Account”). All information provided by you, or on your behalf, for the purpose of creating a User Account must be current, complete and accurate. You are responsible for keeping such information updated.

Your User Account will provide you with secure online access to manage your account with us. The creation of your User Account is subject to our approval. The turnaround time for applications and registration of a User Account is not guaranteed.

To register a User Account, you will be required to set up secured accessed mechanisms, such as a username and/or password (“User Access Information”). You must treat your User Access Information as confidential and not disclose it to any unauthorised third party. 

You are solely responsible for the security of your User Account, including maintaining the confidentiality of your User Access Information and logging out of your User Account at the end of each session. You will be responsible for all activities that occur under your User Account. Once your User Access Information has been used to access our Platforms, you will be liable for all activity on your User Account, irrespective of whether such use is unauthorised or fraudulent. We will not be liable for any loss that you may incur as a result of an unauthorised third party using your User Access Information or User Account, and you may be held liable for any costs and/or losses incurred by us and/or another party due to such third party using your User Access Information or User Account.

We reserve the right to monitor and review your use of our Platforms as well as your User Account to confirm compliance with these Terms of Use. We may suspend or terminate your User Account as well as restrict or limit your access to our Platforms due to non-compliance with these Terms of Use.

You agree to immediately notify us of any unauthorised use, or breach of security, of your User Account or User Access Information. Unauthorised use or security breaches may be reported at info@optimi.co.za.


Products & Services


We may market and advertise certain Products and/or Services on our Platforms, which may be ordered and purchased online using our Platforms.

Any information or data found on our Platforms shall not be construed as an offer to do business and shall merely be an invitation, by you, to do business which requires the acceptance of such offer by us. Our acceptance shall always be subject to the availability of Products and/or Services and the correctness of the information relating to the Products and/or Services.

We cannot guarantee the availability of Products and/or Services. Any Product or Service may be modified suspended, discontinued or limited without notice. We shall not be liable to you or to any third-party for any modification, suspension, discontinuance or limitation of any Product or Service. When a Product or Service is no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid for such Product or Service.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Certain Products and/or Services may not be purchased for re-sale. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorised dealers, resellers or distributors. Should we suspect that any such Products and/or Services are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you, suspend or terminate your User Account as well as restrict or limit your access to our Platforms. 

We may use third party agents for shipping, delivery or transmission services in respect of Products or Services ordered and/or purchased using our Platforms. Risk of loss in such Product or Service shall pass from us to such agent upon delivery of any item to such agent.

We shall not be liable for any damage, loss or liability of whatsoever nature arising from the use of any Product or Service sold on our Platforms.


Fees & Pricing


All pricing in respect of Products and Services offered on our Platforms are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third-party for any price change of any Product or Service.




To order Products and/or Services via our Platforms you will be required to register a User Account with the relevant Platform. If you already have a User Account, you must log onto your account using your User Access Information.

Before processing any order, you will be required to expressly accept the terms and conditions of the purchase agreement applicable to the ordered Products and/or Services.

These Terms of Use must be read together with the terms and conditions of such purchase agreement. These Terms of Use supplement the purchase agreement and is not intended to override them.

Our Platforms may provide you with an option to place Products and/or Services in a “shopping cart” or “wish list”. To do so will not constitute as a purchase unless you complete the entire purchase process. Items may be removed from your “shopping cart” or “wish list” at any time prior to purchase and we shall not be liable to you or to any third-party for the removal of such items.




All transactions, whereby our Products and/or Services are ordered and/or purchased using our Platforms, are subject to automated processing.

To order and purchase Products or Services, you will be required to provide certain personal information as well as billing details. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platforms. You agree to promptly update your User Account, User Access Information and billing information, including your credit card numbers and expiration dates, as and when such update is required.

Our Platforms may allow for various methods of payment. The available payment methods may vary depending on the particular Platform, Product or Service. We reserve our right to include and discontinue any payment method at our sole discretion and without notice. We shall not be liable to you or to any third-party for any modification or discontinuance of any payment method available on our Platforms. It is your responsibility to continually review the payment methods available to you on our Platforms.

We may use third-party tools to offer one or more payment methods. By using any third party payment tool, you acknowledge and agree to the terms and conditions prescribed by such third party in respect of such payment tool. We shall have no liability whatsoever arising from or relating to your use of optional third party payment tools. Any use by you of third party payment tool offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided.

In respect of any available method used to perform a payment via out Platforms, you warrant that you are fully authorised to use such payment method for purposes of making such payment. You also warrant that your elected payment method has sufficient available funds to cover all the costs incurred as a result of the transaction.

Your subscription of certain Products and/or Services may create a recurring charge against your User Account. It is important to ensure that all charges to your User Account are paid timeously and in full. Optimi follows a strict process for the collection of outstanding/overdue payments and may use third party debt collectors or legal teams to assist.

You are responsible for all amounts due in terms of your User Account. Unpaid accounts will result in the suspension or limitation of your access to the Platforms, Products and/or Services and may lead to legal action and credit blacklisting. Suspension or limitation of your access to the Platforms, Products and/or Services may occur if your User Account is in arrears for 30 days or more. To remedy this suspension or limitation, the outstanding amount must be paid in full or an approved alternative arrangement must be made with Optimi. The latter will only be allowed in exceptional cases.

The suspension or limitation of your access to the Platforms, Products and/or Services may affect the services provided by third parties making use of our Platforms, Products and/or Services. We shall not be liable to you or to any other person for any indirect, consequential or incidental loss or other damages, whether direct or indirect, arising out of or relating to the suspension or limitation of your access to the Platforms, Products and/or Services.


Returns and cancellations


Products and Services ordered and/or purchased on our Platforms are subject to our Returns & Cancellations Policy, which can be found on our Platforms. Our Returns & Cancellations Policy is incorporated into these Terms of Use by reference. These Terms of Use supplement such Returns & Cancellations Policy and is not intended to override it.


Copyright and intellectual property


All content on our Platforms, including but not limited to the text, software, photographs and graphics, are protected by copyright owned by Optimi or its licensors.

Optimi or its licensors retain all proprietary rights, title and interest in the content on our Platforms, which shall include all modifications, enhancements, derivative works, configurations, translations and upgrades thereto.

Subject to the rights afforded to you herein, all other rights to all intellectual property on our Platforms are expressly reserved.

You may not use or in any way exploit our name, trademarks, logos or other proprietary marks or any content of our Platforms, in whole or in part, except as provided in these Terms of Use.


Electronic communications


When you communicate with us via our Platforms and do not explicitly request a non-electronic communication medium, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Any electronic communication or material you transmit to us via a public forum or which is not of a confidential nature, including but not limited to any questions, comments, suggestions or the like, will be treated as non-confidential unless the contrary is expressly agreed in writing.

Any electronic communication by us, intended solely for the use of an intended recipient, shall be regarded as confidential.

The views expressed in any electronic communications transmitted via our Platforms are those of the individual sender, unless the context clearly provides otherwise.

No data message shall be deemed to have been received by us until the complete data message enters our electronic data message server and is capable of being retrieved and processed by the addressee.




The Platforms, Products and/or Services are provided “as is”. While we endeavour to ensure that the information on our Platform, in our Products and/or Services are accurate and complete, we DO NOT make any warranty or guarantee (whether express or implied):

  • As to the quality, timeliness, operation, integrity, availability or functionality of the Platform, Products and/or Services or as to the accuracy, completeness or reliability of any information on the Platform, Products and/or Services;
  • As to merchantability, fitness for a particular purpose, completeness, or non-infringement in respect of the Platform, Products and/or Services;
  • That our Platforms, Products and/or Services shall operate timely, continuously, without interruptions or be error-free;
  • That our Platforms, Products and/or Services are free of infection, virus or other code that has contamination or destructive properties.

If any such representations, warranties or guarantees are made by our representatives, and we shall not be bound thereby.




The use of the Platforms, Products and/or Services is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Platforms, Products and/or Services or reliance on any information on the Platforms, Products and/or Services. We shall not be liable to you or to any other person for any indirect, consequential or incidental loss or other damages, whether direct or indirect, arising out of or relating to: loss of data, loss of income, loss of opportunity, lost profits, costs of recovery or any other damages, however caused.

To the maximum extent possible under the applicable law, we disclaim liability for any claim, loss, injury or damage arising out of or in connection with the use of the information, Products and/or Services available from, or through, our Platforms.

There may be security, transmission or other risks associated with the use of our Platforms, Products and/or Services and you expressly agree to assume any and all such risks.

We does not screen the content found on our Platforms and does not accept any liability for illegal, defamatory or obscene content.

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products and/or Services on the Platform. However, should there be any errors of whatsoever nature on the Platform (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns & Cancellations Policy.




These Terms of Use shall commence when you start using our Platforms, Products and/or Services and continues indefinitely until terminated.

Upon termination of the Agreement for any reason, the rights granted to you under these Terms of Use shall terminate and you will immediately discontinue all access and use of our Platforms, Products and/or Services. We shall have no obligation to maintain your User Access Information and/or your User Account following termination and may destroy or delete your User Access Information and/or User Account after termination.


Governing laws


The Platform is hosted, controlled and operated from the Republic of South Africa, therefore the provisions of these Terms of Use shall be solely and exclusively governed by, and interpreted in accordance with, the law of the Republic of South Africa.

For the purpose of jurisdiction, you acknowledge and agree that these Terms of Use is concluded at Optimi’s head office in Centurion, Gauteng.

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of these Terms of Use, the Republic of South African law will apply and the appropriate courts of the Republic of South Africa will have jurisdiction.


Personal Information


The collection and use of your personal information shall be in accordance with our Privacy Policy, which can be found on our Platforms. Our Privacy Policy is incorporated into these Terms of Use by reference. By using our Platforms, you consent to the collection and use of your personal information in accordance with our Privacy Policy.


Optional tools


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.


Third party websites


Where our Platforms provides hyperlinks to external third party websites, such hyperlink does express or imply our endorsement of the material on such website or any association with its operators. We disclaim any responsibility for the materials contained in such linked websites. These Terms of Use do not apply to those third party websites and we are not responsible for the practices and/or privacy policies of those websites.




By using our Platforms, you agree to the use of cookies which Optimi may use to facilitate use of the Platforms, Products and/or Services. Optimi does not store passwords or any personal information of the user in the cookies, and does not sell, trade or rent any of your personal information to unaffiliated third parties.




You may not assign your rights or delegate your duties under these Terms of Use either in whole or in part without our prior written consent. Any attempted assignment without such consent shall be void.


General terms


Captions and headings are used herein for convenience only, are not a part of these Terms of Use, and shall not be used in interpreting or construing these Terms of Use.

No party will be responsible for any delay, interruption or other failure to perform under these Terms of Use due to vis major events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Vis major events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers and Internet service providers; labour disputes; and acts of government.

The provisions of these Terms of Use shall be individually severable. Should any provisions be found by a court, of competent jurisdiction, to be invalid or unenforceable for any reason the remaining provisions shall remain binding and of full force and effect.

Any failure or delay by Optimi to exercise or enforce any right or provision of the Agreement shall in no way constitute a waiver of such right or provision.


Domicilium and information disclosure


Optimi elects as its domicilium citandi et executandi for all purposes under these Terms of Use, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 7 Impala Drive, Doringkloof, Centurion.

The following information is disclosed in terms of Section 43 of the Electronic Communications And Transactions Act, Act 25 of 2002:

Name: Optimi Holdings (Pty) Ltd
Registration number: 2016/217646/07
Directors: PN de Waal, A Mellet, S Botha, W Pretorius, L Ramiah (non-executive), A Moloisane, J Liebenberg
Place of registration: 7 Impala Drive, Doringkloof, Centurion.
Business address: 7 Impala Drive, Doringkloof, Centurion.
Telephone: 087 405 2233
E-mail address: info@optimi.co.za