All rights reserved – ITSI and Associated Publishers
In this Agreement, unless inconsistent with, or otherwise indicated by the context,
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:
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.
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.
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 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.
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.
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.
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.
The following additional ITSI terms, policies and agreements are expressly incorporated herein and form a binding agreement as if produced fully herein:
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“).
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.
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:
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.
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.
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 firstname.lastname@example.org.
This policy may be revised from time to time. The latest version is available at https://www.it.si/miebooks-privacy.
Please contact our Data Protection Officer either by email, telephone using these contact details:
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:
ITSI processes information about individuals in several forms:
The records held by ITSI may be in physical (paper) or digital form.
In the circumstances where we are required to use personal identifiable information, we will only do this if:
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:
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.
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:
Furthermore, ITSI keeps track of your in-app activity and collects the events for meaningful analytics. Examples include:
Please note: We do not track any events outside of the ITSI Platform.
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.
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:
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.
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.
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.
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.
As a data subject you have certain legal rights which ITSI should adhere to:
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:
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.
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:
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.
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:
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 email@example.com.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
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):
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.
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.
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: email@example.com