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Terms and Conditions

PowerStudying Terms and Conditions

Stock availability:

PowerStudying shall take all reasonable efforts to ensure that when stock is sold out new stock replacements will be authorized and delivered within a reasonable time frame. 

Agreements of Sale

Placing a product in a shopping basket without completing the purchase cycle does not:

  • constitute an agreement of sale; and/or
  • constitute an order for such product,
And as such, PowerStudying may remove such product from the shopping basket and you cannot hold PowerStudying liable if such product or its discounted/special offer price is not available when the purchase cycle is completed at a later stage. 

An agreement of sale only comes into effect if and when:

  • you electronically submit a properly completed order for one or more of the product in your shopping basket; and
  • payment is either authorised, or received by PowerStudying in its bank account

Termination of Sales & Cancellation of Orders

By PowerStudying:

PowerStudying reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and PowerStudying, in whole or in part, without giving any reasons. PowerStudying shall only be liable to refund monies already paid by you (see PowerStudying’s Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale. 

By You: 

  • You are entitled to cancel any order/s placed or sales concluded at any time prior to packaging of the products so purchased, as provided for in the Refund Policy.
  • Furthermore, save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 30 days after date of receipt of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard.

Amounts payable by You

Prices:

The price of each product is displayed with the product. Note that any special offers or discounts offered by PowerStudying on certain products sold by it from time to time, do NOT apply to sales of products after the sale date ends and PowerStudying will not be held liable to maintain the sale price after the fact.

Delivery Charges:

PowerStudying offers free world wide shipping, unless the purchaser is in a remote location that will constitute PowerStudying sourcing additional courier services due to the fact that PowerStudying’s courier provider does not deliver to such a destination.

Import Duties:

Import duties may be payable by recipients of goods in foreign countries. PowerStudying does not know what levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such levies are payable and, if so, the amount thereof.

Errors:

PowerStudying shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, PowerStudying will not be obliged to sell products at such incorrect prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods

Your payment for any products ordered from PowerStudying must be made to PowerStudying’s bank account in any one of the following ways:

Credit card payments.

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, Payment is collected when authorisation is obtained and the order is shipped upon receipt of payment.

Bank deposits & Electronic Funds Transfer.

If you select the 'pay via EFT' option, instructions will be given on how to deposit monies into PowerStudying’s bank account and it would be subject to the following rules:
  • the exact amount must be paid;
  • the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
  • no transfers may be made from ATM's;
  • cheque deposits are subject to a clearing period.;
  • no bank deposits are accepted from outside the borders of South Africa; and
  • your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.

Deliveries

Delivery Periods:

  • Inside the borders of South Africa 
All PowerStudying items listed on the Website have an indication of the delivery time:
  •  
    •  72 hours – PowerStudying offers a three-day delivery service. 
  • Outside the borders of South Africa
Goods to the following international destinations are sent as follows: 
    • All other countries - via courier 
    • Delivery usually takes place within 5 to 6 days after dispatch, on international orders only, however, seasonal peaks and delays at customs is outside the control of PowerStudying and deliveries may take up to 3 weeks. 
    • Delivery periods are only regarded as having commenced upon payment confirmation being received by PowerStudying.
    • PowerStudying makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

Restrictions on Sales

Regional encoding of CDs

The PowerStudying formula has been tested to work on most computers, laptops with the following minimum specs:
Windows XP SP3 or above; Apple Mac OSX 10.5 or above; 2 GHz Processor or better; 1 GB of RAM or more; 1024x768 pixels or higher; DVD drive and 5GB of hard drive space.

Defects, Returns, Refunds & Guarantees

Should you not be satisfied with the product purchased by you on the Website by reason of a defect, or otherwise, you may, under certain circumstances, be entitled to either be refunded, as the case may be. The Refund Policy regulates your rights in this regard.

Refunds on purchases from PowerStudying

Cancellations can be effected via PowerStudying’s call centre (at +27 31 583 8032) Every purchaser can return the product purchased within 30 days if they are not entirely satisfied with the products content. This has to be done within 30 days of purchase without exception. PowerStudying will not be responsible for the delivery charges incurred on returning the product; this will be the purchasers’ responsibility. PowerStudying will only refund a product on receipt of the entire product and could therefore take up to 6 weeks to process. Any refunds after 30 days will not be granted.

Defective / damaged products

  • Please note: the following will NOT be regarded as defects and will not entitle you to any repair, replacement or refund: 
    • faults resulting from normal wear and tear;
    • you have exceeded your number of downloads; 
    • it is past the 30 days after purchase return policy agreement;
    • the inability to open or view the product
      • on more than one Device simultaneously; 
      • due to Adobe Air being faulty/defective; 
      • on a device which does not have Adobe Air yet installed;
      • because you do not have administrator rights to the computer and cannot install Adobe Air;
      • because you are not connected to the internet;
      • because your computer is under specs.
  • Subject to the "Product Exceptions" and "Special Offers" sections below –
    • if PowerStudying supplies the wrong product or if the product is damaged or faulty as a result of a manufacturing defect, PowerStudying must be notified by way of email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by contacting the call centre at +27 31 583 8032, within 14 days of invoice. Should PowerStudying not receive notice within such 14 days you will be deemed to have received the correct product, in accordance with the order placed by you, and in good working condition.
    • PowerStudying will exchange the incorrect or faulty product for a replacement upon receipt of the returned product. The returned product must be received in the original packaging and if the product is returned as a result of being an incorrect delivery, the product must not have been utilised. PowerStudying will make all reasonable effort to exchange the product, but if replacement is not possible at the same price or at all, PowerStudying will refund the purchase price upon receipt of the returned product.
  • Special Offers: If a defective product was ordered pursuant to a “Special Offer” and such product/special offer is no longer being offered at the special price, PowerStudying will not replace same as aforesaid, but will instead refund the purchase price paid upon receipt thereof.
  • Certain product types which have been opened. Once opened, the 30 day return policy will be put into effect. Please read above for return policies.

Sales Records

A full record of every sale and related transaction between you and PowerStudying shall be maintained.

Disclaimer

Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither PowerStudying nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, PowerStudying makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
This Website is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of PowerStudying and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Neither PowerStudying nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold by PowerStudying.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and PowerStudying submit to the non-exclusive jurisdiction of the South African courts.

Privacy

PowerStudying shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). 

PowerStudying may electronically collect, store and use the following of your personal information:
  • name and surname;
  • birth date;
  • gender;
  • country of residence;
  • physical address;
  • non-personal browsing habits and click patterns;
  • e-mail address;
  • mobile number (if provided by you);
  • IP address; 
  • andID number / passport number.
PowerStudying collects, stores and uses the abovementioned information for the following purposes: 
  • subject to your consent, to inform you of facts relating to your access and use of the Website;
  • subject to your consent, to inform you about competitions and special offers from PowerStudying;
  • to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
  • to verify your identity when transacting with PowerStudying;
  • to verify your identity to determine whether you are a registered user;
  • to ensure that the goods are received by the addressee; and
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from PowerStudying and/or its partners / affiliates.

PowerStudying may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
  • PowerStudying shall not disclose your personal information unless –
    • through due legal process.
  • PowerStudying may compile, use and share any information that does not relate to any specific individual; and
  • PowerStudying owns and retains all rights to non-personal statistical information collected and compiled by PowerStudying.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed PowerStudying from whom you have ordered products in order to enable delivery of such products to you and to facilitate communication between you in relation to your purchase of such products.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that PowerStudying suffers any damage or loss.

You agree and warrant that your log-in name and password shall:
  • be used for your personal use only; and
  • not be disclosed to any third party.
You allow PowerStudying to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All login are Secure Socket Layer encrypted. PowerStudying’s registration documents and the Website's registered domain name are checked and verified by TrustWave www.trustwave.com.

Credit card transactions are processes by Virtual Card Service www.vcs.co.za, Secure Socket Layer encrypted and verified by Thawte www.thawte.com.

Changes to Agreement

PowerStudying may, in its sole discretion, change these T&C or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website. 

Disputes

Between you and PowerStudying

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and PowerStudying on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of PowerStudying, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.

Term and Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by PowerStudying from time to time, for so long as the Website exists and is operational, PowerStudying being entitled to terminate these T&C and/or shut down the Website at any time.

Copyright

Any and all copyright subsisting in the Website, products and including these T&C, and all rights not expressly granted are reserved. Every product that PowerStudying sells/distributes/gives away has its own legal copyright laws in place, any illegal copying of PowerStudyings property, intellectual, design, artwork, or other are owned entirely by PowerStudying and copying will be deemed illegal and prosecution will proceed.

PowerStudying cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform PowerStudying of any content that may be offensive or illegal.

Intellectual Property Rights

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to PowerStudying and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to PowerStudying, you consent to receiving communications from PowerStudying electronically and agree that all agreements, notices, disclosures and other communications sent by PowerStudying satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". 

Disclaimer on stated results increases

PowerStudying has done everything in its power to give you valuable information that will create a tangible difference in your studying results and life but you, the purchaser cannot assume or expect to have the same success as the testimonials or results increase shown. Each testimony has been the result of hard work, their background, dedication; possible talent and putting into practice what has been taught. In no way will PowerStudying be held responsible that each purchaser will attain the same success or even a fraction of this success. Discipline, diligence and hard work is needed in order to start to see some of the incredible results we have managed to achieve with many past clients, this hard work is out of our control and is the full responsibility of the purchaser.