COMMERCIAL TERMS AND CONDITIONS
Last updated: 12/02/2024
All clauses in these Terms displayed in BOLD are provisions which limit the risk or liability of iRainbow and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify iRainbow or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to these Terms.
1. DISCLAIMER
1.1. Any reliance you place on any information on the Website or with the Services is strictly at your own risk. iRainbow will not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the Website or with the Services.
1.2. All information provided on the Website and with the Services is the intellectual property of iRainbow and are subject to these Terms and applicable laws.
2. INTERPRETATION AND DEFINITIONS
2.1. “Account” means the account created by Users on the App, through which Users access the Services;
2.2. “App” means the desktop, online and mobile application allowing access to the Services;
2.3. “Fees” means the fees described in clause 12.1;
2.4. “iRainbow”, “us” and “we” means Ecigus Proprietary Limited (company registration number 2012/149413/07), a private company incorporated in terms of the laws of the Republic of South Africa, with its physical address at Building E, 2nd Floor Stoneridge Office park, 8 Greenstone Place, Greenstone Hill, 1609;
2.5. “Learner” means a child of a Parent under the age of 18 (eighteen) years of age;
2.6. “Membership” means a membership signed up for by a User, as per clause 12.1;
2.7. “Parent” means a parent or legal guardian of a Learner;
2.8. “Personal Information” means all information about a User that can be used to identify the User;
2.9. “Services” means the services as described herein, supplied by iRainbow to Users via the App, which includes the App itself and access thereto, as well as the Website;
2.10. “Terms” means these terms in this legally binding agreement that regulate your use of the App, Services and our relationship with you;
2.11. “User” and “you” means the person making use of the Services being either a Parent and/or Learner, as is applicable;
2.12. “VAT” means value added tax levied in terms of the Value Added Tax Act, 89 of 1991; and
2.13. “Website” means https://irainbow.co.za/, including all sub-domains.
3. WHEN DO THESE TERMS APPLY?
3.1. These Terms will apply when you use Services as a User to the extent that they are applicable to you. By creating an Account and/or applying for a Membership, you accept these Terms.
3.2. You may not access the Services if you do not agree with these Terms.
3.3. We reserve the right to refuse any request for our Services without notice or reason.
3.4. These Terms will apply to any future services and interaction channels that may be made available by us unless stated otherwise.
4. OTHER APPLICABLE TERMS
4.1. Your use of the Services will be regulated by these Terms as well as any other terms that are available on the Website (“the Additional Terms”).
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The Additional Terms at the moment include the privacy policy governing the use of your Personal Information (“the Privacy Policy”). 4.2. Where iRainbow enters into a separate written agreement with you as it relates to the Services and/or any other aspect of the Terms (“Additional Agreement”) then, the Additional Agreement will apply in in addition to these Terms, subject to clause
4.3.
4.3. If there is a conflict between the Additional Agreement, these Terms and any the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) the Additional Agreement; (2) these Terms; and (3) the Privacy Policy, in so far as the Additional Terms are applicable to you..
5. CHANGES TO THESE TERMS
5.1. We may change or add to these Terms, change or cancel the Services or offer new Services to you from time to time, change the Website or App from time to time, and change or remove the Website from time to time, at our discretion. We will notify you of any material changes via email which will contain a link to the updated terms or with a prominent notice on the Website. For continued use of the Services, you may be requested, from time to time, to accept new or amended versions of these Terms.
5.2. We will give you 30 (thirty) calendar days’ notice of a material change to these Terms. Should you disagree with the changes made, you can discontinue using our Services.
6. DURATION OF THESE TERMS
Simply, these Terms apply for as long as you use our Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Services.
7. LICENCE
7.1. Subject to the terms and conditions of these Terms and in return for the relevant Fee, iRainbow hereby grants to the User a non-exclusive, personal, non-sublicensable, non-transferable, subscription bearing licence
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to access and use the Services by such number of User(s) subscribed and paid for and as specified on the Website. 7.2. To avoid any doubt, all rights not expressly granted under these Terms are reserved by iRainbow and its licensors.
7.3. For the avoidance of doubt, the licence referenced in this clause 7:
7.3.1. means that the Membership and use of the Services are non-transferable and that a User may not, or cause any other person to, modify or reverse engineer the Services, sub-licence, sell, re-sell or transfer a Membership and Services to any third party; and
7.3.2. each Membership will allow a User to use the Services on a maximum of either 2 (two) or 3 (three) different desktop and/or mobile devices, depending on the Membership type selected and as specified by iRainbow at subscription for a Membership, subject to clause 7.4.
7.4. If a User requires access to the Services on a number of devices in excess of the limit specified in clause 7.3.2, the User may purchase such additional access by contacting iRainbow at <admin@irainbow.co.za> and which shall be quoted separately by iRainbow, subject to the payment terms as specified in clause 13.
8. OUR SERVICES
8.1. The Services incorporate the iRainbow education platform, accessible with or without an internet connection and which incorporates the services as set out on the Website, which includes (without limitation):
8.1.1. offline teaching syllables;
8.1.2. parental and teacher monitoring functionality;
8.1.3. gamified based teaching and learning modules;
8.1.4. proprietary tiered / levelled approach to curriculum development and teaching;
8.1.5. accessibility via desktop and handheld devices; and
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8.1.6. loyalty program with additional functionality and product access.
8.2. The information presented in the Services is not advice and is provided as is. It should be used for informational purposes only. Any reliance on the information provided in the Services is at your own risk.
8.3. The Services are permitted to be used by Users who are younger than 18 (eighteen) years at the time of agreeing to these Terms and accordingly, the further requirements as set out in terms of clause 18 and the Privacy Policy, must be complied with at all times.
8.4. The Services are only available on the devices and platforms as specified on the Website. It is your responsibly to ensure that your device is compliant with our Services and the related software / platform.
8.5. The Services are made available as downloadable files for offline use and as such, no internet connection is required. However, Users do require an internet connection in order to download the Services onto their desktop or handheld devices. Internet connection will also be required to keep the Services updated and maintained, as specified in clause 9.5. Should you not be able to download the Services via internet connection, iRainbow can provide Users the Services via a USB thumb drive, at such additional costs and Fees as will be communicated to Users in writing, and which payment shall be subject to clause 13.
9. SUPPORT SERVICES
9.1. For purposes of this clause 9, the following terms shall bear the following meanings:
9.1.1. “Agreed Standard Hours” means 09h00 – 16h30 CAT on business days;
9.1.2. “Incident” means a fault, error or failure of the Services, reportable to iRainbow and which will require iRainbow to render Support;
9.1.3. “Off-Peak Hours” means 19h00 – 06h00 on business days, and all hours on non-business days; and
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9.1.4. “Scheduled Maintenance” means scheduled maintenance of the Services so as to ensure its optimal functionality.
9.2. iRainbow will provide telephonic, and email support services (“Support Services”) so as to resolve any Incident related specifically to the Services only, during Agreed Standard Hours (or after hours if agreed to beforehand by iRainbow), which will exclude support related to network access, acquiring, installing and maintaining all telecommunications equipment, hardware or software necessary to download and use the Services.
9.3. In order for iRainbow to provide the Support Services, Users are required to report any Incident to the below email addresses:

9.4. iRainbow shall respond to an Incident reported in the correct manner, as set out in clause 9.3, within 1 (one) business day and shall apply commercially reasonable efforts to resolve an Incident as soon as is commercially reasonable, however, iRainbow is unable to provide guaranteed ‘target resolution times’ due to the varying nature and causes of Incidents. For instance, it may be possible to resolve a ‘high priority Incident’ in minutes, simply by restarting the server, but if a server fails due to disk error or a hardware fault (which can be classified as a ‘high priority Incident’) it may take much longer to get the server to an operational state. In all cases, iRainbow will provide its best efforts to resolve Incidents as quickly as possible and may provide frequent progress reports to the User.
9.5. iRainbow strives to deliver a complete and faultless program. Due to the fast, dynamic changes in technology and curriculum, iRainbow will upgrade the Services continuously to ensure that the Services remains up to date and in terms of which:
9.5.1. iRainbow will endeavour to carry out Scheduled Maintenance during Off-Peak Hours, in terms of which, iRainbow will provide the User with 36 (thirty-six) hours’ written notice of any Scheduled
Maintenance, during which the primary or new features of the Services will not be available; and 9.5.2. in the event that any error or mistakes are found in the Services, iRainbow will update, rectify and release any newly updated version(s) as is commercially reasonable and in accordance with these Terms.
10. YOUR ACCOUNT AND INFORMATION
10.1. In order to access the Services, you must create an Account by providing Personal Information of both Learner and Parent to iRainbow. Once you have created an Account, you will be a User for purposes of these Terms.
10.2. By creating an Account, you acknowledge and agree that all information provided to iRainbow, including the Personal Information, is your own.
10.3. You are solely responsible for the safekeeping of your Account access credentials. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we assume that the person using the Website or Services is you.
10.4. You are not allowed to share your Account with other Users or any other person. Only you may use your Account to access the Website and Services and you may only use your Account and the Services for your own personal purposes. You are strictly prohibited from sub-licensing or commercially exploiting your Account or the Services.
10.5. It is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.
10.6. You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your Account, and update your Account access credentials.
11. CANCELLATION AND SUSPENSION
11.1. At any time, and without cause, we may cancel or suspend your Account or access to the Website and/or use of the Services in our sole discretion, without any liability if you are in breach of these Terms.
11.2. Within 7 Days of Purchase: Cancellations are accepted without any fee, and a full refund will be provided if the request is made within 7 days from the purchase date.
11.3. Within 14 Days of Purchase: If you cancel within 14 days from the purchase date, a 25% cancellation fee is applicable. This fee is deducted from your refund to cover processing and administrative costs.
11.4. After 14 Days from Purchase: No cancellations are accepted after 14 days from the purchase date, and the full purchase price is due. Refunds are not available beyond this period.
11.5. No Cancellation After Activation: Once the software is activated and installed on a device, we cannot accept a cancellation request. Activation indicates the software is in use, and thus, the service is considered rendered. Please consider this before activating and installing the software.
11.6. Cancellation Process : To initiate a cancellation, please contact our support team with your account details and purchase information. Our team will guide you through the cancellation process and inform you about any applicable refunds, based on the timing of your request.
11.7. Payment Plan Option: We may offer payment plans for one-time purchases. While this can ease the initial payment, please note that customers are still responsible for the full payment under the terms of the payment plan. Opting for a payment plan does not alter the terms of our cancellation policy.12.
11.8. In addition, iRainbow may cancel your Account, terminate these Terms, suspend iRainbow’s obligations if:
11.8.1. we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms;
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11.8.2. you have used the Website to breach the intellectual property rights of us or any third party;
11.8.3. you have not used your Account or the Services for more than 1 (one) year and are therefore considered to be an inactive User; or
11.8.4. you have suspended any payments due by you in terms of these Terms to us.
11.8.5. You are using the software for commercial reasons without consent from iRainbow.
11.9. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
11.10. Upon termination of these Terms:
11.10.1. you must make all reasonable efforts to delete all parts of the Services held by you in any format whatsoever;
11.10.2. you must immediately cease all use of the Services;
11.10.3. we will delete your Account and you will no longer be able to access any portion of the Website or Services that requires an Account; and
11.10.4. we will remove your payment information from our systems but will retain your Personal Information generated as a result of the Services for a reasonable period in line with the Privacy Policy.
12. MEMBERSHIP AND FEES
12.1.Users may subscribe for a 2 (two) year membership, as described on the Website.
12.2. The Fee will comprise a once-off, upfront payment membership period described in clause 12.1.

12.3. iRainbow may, in its sole discretion, enter into a separate payment arrangement with a User to facilitate such payment. A User may contact iRainbow at admin@irainbow.co.za for further information.
12.4. At the expiration of the 2 (two) year membership period described in clause 12.1, Users may continue using the Services on a year to year basis and which additional use will be subject to a annual fee for purposes of relevant use, updates and support, as described on our Website and be subject further to the payment terms set out in clause 13.
12.5. In select instances, iRainbow may agree, by means of an Additional Agreement, to provide for membership subscriptions on an annual basis to certain institutions. The Additional Agreement will, amongst other things, address the specific pricing of such subscriptions.
12.6. iRainbow retains the flexibility to offer customized membership options to individuals or institutions, including but not limited to lifetime memberships or annual subscriptions.
12.7. These tailor-made agreements will outline the specific terms, duration, and pricing, reflecting iRainbow’s commitment to accommodating diverse needs and preferences.”
12.8. The Fees are specified on the Website as exclusive of applicable taxes, which is also includes VAT, unless stated otherwise.
12.9. The Fees are subject to change from time to time, however, changes to the Fees will not apply to Services already purchased.
12.10. Cancellation of a Membership is regulated in terms of clause 14 and in terms of which, a cancellation subject to:
12.10.1. clause 14.1.1 will result in access to the Software being discontinued immediately;
12.10.2. 14.1.2 will result in access to the Software being discontinued at the end of the of calendar month in which a refund is requested; and
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12.10.3. 14.1.3 will result in access to the Software being discontinued at the expiration of the 2 (two) year membership period described in clause 12.1.

13. PAYMENTS
13.1. Payment: payment of the Fees is required before you can use the Services. You warrant that you are authorised to use the relevant billing details provided when paying the Fees, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are enough funds to cover the Fees when they are billed, and you acknowledge that iRainbow will not be liable for any overdraft fees that you might incur.
13.2. Making payment: Fees can be paid via card payments or debit orders (in case a User wishes to continue using the Software on a month to month basis, as per clause 12.4). iRainbow will not have access to your credit card or payment information.
13.3. Should you wish to continue using the Software on a month to month basis, as per clause 12.4, iRainbow will request a payment option prior to the end date of your Membership and, should you opt for the option of a monthly debit order, iRainbow will require you to execute a debit order form in order to authorise such debit order with your bank. In this regard, you warrant that you have full authority to execute such debit order.
13.4. Under no circumstances will iRainbow be responsible for any fees incurred by you to any third parties for purposes of payment.
13.5. Third party payment gateway: Users agree to adhere to the terms and conditions stipulated by any third-party payment gateway that may be used by us and agree to pay any fees that may be charged by such third party. To make payment of the Fees, you will be directed to a third party payment gateway to provide your credit card or other payment information via a secure connection. All payments for Fees will be via the third party payment gateway and/or the third party managing the debit orders and iRainbow will not have access to your credit card information.
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13.6. Transaction records: we will make all documentation relating to transactions between you and us available to you on your Account and via email.
13.7. Changes to Fees: the Fees may change from time to time, subject to us giving you 30 (thirty) calendar days’ notice of such change.
13.8. Taxes: all Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under applicable laws, the User is responsible for any applicable taxes, whether they are listed on the transaction documents or not.
13.9. Failed purchase: should payment for the Fees be unsuccessful, the User will be notified of this and will be able to attend to payment again until successful. If the Fees remain unpaid, iRainbow reserves the right to terminate your access to the Services and shall notify you of such termination via email. Finally, you as the User will be responsible for any outstanding Fees that remains unpaid whether your Account remains active or not.
13.10. Additional charges: if you cancel a payment by giving instruction to your bank to return your funds, and they do so, or your billing details provided are no longer valid, you will be liable to us for any penalty which we incur to that bank or other payment processor.
13.11. Foreign currency: If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations, and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.
14. REFUNDS
14.1. Given the nature of the Services, we do not generally offer a refund or credit on Fees once you have used the Services unless required under applicable consumer protection laws, however, we offer the following refund options to Users:
14.1.1. Cooling off: Users may cancel the Services purchased from iRainbow within 7 (seven) calendar days of purchasing the
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Services, reckoned from the date of payment of the Fees, without reason, unless the User has already started to receive the Services (i.e. you have used the Services during this period) and in which case, no cancellation penalty will be payable. 14.1.2. Users may cancel the Services purchased from iRainbow within 14 (fourteen) calendar days of purchasing the Services, reckoned from the date of payment of the Fees, at a cost of 25% (fifteen percent) of the Fees paid. Users will therefor receive 75% (eighty-five percent) of the Fees paid as adequate refund;
14.1.3. Users cancelling the Services from iRainbow after 14 (fourteen) calendar days of purchasing the Services, reckoned from the date of payment of the Fees, will not be entitled to any refund.
14.2. Dissatisfaction with the Services:
14.2.1. iRainbow will assess all requests on their merits, considering the digital nature of the Services, the types of problems you encountered and your use of the Services.
14.2.2. Refunds in terms of this clause 14.2 will be granted at the sole discretion of iRainbow, taking all circumstances into account.
14.3. All refunds granted will be paid to the User’s payment card used for making payment of the Fees within 30 (thirty) calendar days of the refund being granted.
15. PROMOTIONAL CODES
15.1. We may, at our discretion, make promotional codes available to you, providing a discounted fee and/or implement, from time to time, a referral promotion program, the terms and conditions of which will be regulated separately and which terms will be considered as Additional Terms for purposes of any conflict.
15.2. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.
16. CHANGES TO THE SERVICES
16.1. iRainbow shall inform Users of any material changes to the Services by manner of email or prominent notice on the Website. Continued use of the Website after this notice has been displayed shall be deemed as your acceptance of the changes.
16.2. Should any changes to the Services result in a User having less functionality from the Services, the notice will be sent 30 (thirty) calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.
17. ACCEPTABLE USE POLICY
17.1. Users may specifically not use the Services for the direct benefit of their own clients. The Services are made available for the personal, non-commercial use of the User only.
17.2. Some devices may not support the use of our Website or Services. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Services, including internet access capabilities when necessary to update the Services.
17.3. The use of our Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location.
17.4. You must respect our Services and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, but these will likely be good grounds:
17.4.1. copying or distributing any of the content on our Website or provided in a seminar without our explicit consent to do so;
17.4.2. providing any untrue or incorrect information to us;
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17.4.3. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website, including the security features or reverse engineering our Website;
17.4.4. infecting our Website with any software, malware or code that may infect, damage, delay or impede the operation of our Website or which may intercept, alter or interfere with any data generated by or received through our Website;
17.4.5. using malicious search technology, including, but not limited to, spiders and crawlers;
17.4.6. deep linking to any pages of our Website or engaging in any other conduct in a way to suggest that you are the owner of any intellectual property in our Services;
17.4.7. allowing any third party to use your Account in any manner other than as permitted by these Terms; or
17.4.8. using the interactive sections of our Website to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws.
18. CONSENT REQUIRED FOR MINORS
18.1. In terms of South African law, any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement.
18.2. Any User of the Website who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use our Website and/or Services.
18.3. We accept no responsibility for invalid consent being provided by a User. Any legal action taken against a minor as a result of their use of our Website and/or Services is independent from iRainbow and we will not be a party to any such legal action.
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18.4. The processing of personal information of Learners is subject to the further terms set out in the Privacy Policy.
19. ELECTRONIC MESSAGES AND COMMUNICATION
19.1. We will primarily use email and electronic notices on the Website as our communication tool for all communications relating to our Services or these Terms. This may also include the use of SMS (short message services), WhatsApp or registered mail or telephone.
19.2. Please note that by accepting these Terms and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws, including the Protection of Personal Information Act, 4 of 2013 and the General Data Protection Regulation ((EU) 2016/679). This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.
20. THIRD PARTY SITES
20.1. We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
20.2. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.
21. INTELLECTUAL PROPERTY RIGHTS
21.1. You acknowledge and agree that all right, title and interest in, and to, any intellectual property of the Services (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times.
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21.2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services and may only use the Services in line with the licence as specified in clause
7.
22. WARRANTIES AND REPRESENTATIONS
Subject to applicable laws:
22.1. we give no guarantee of any kind concerning the content or quality of our Services;
22.2. we do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose; and
22.3. we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Services and/or the information, images or audio contained on the Website and the Services. Our Services are used at your own risk.
22.4. You warrant to and in favour of us that:
22.4.1. you have the legal capacity to agree to and be bound by these Terms;
22.4.2. you have the consent of a parent/guardian in cases where you are younger than 18 (eighteen) years old or you are 18 (eighteen) years or older;
22.4.3. these Terms constitute a contract valid and binding on you and enforceable against you;
22.4.4. you will use the Services only as provided within these Terms and on the Website; and
22.4.5. you will not commercialise, present or use the Services to other or groups of recipients or in any manner other than for personal and private use.
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22.5. Each of the warranties given by you will:
22.5.1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
22.5.2. continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and
22.5.3. be deemed to be material.
23. LIMITED LIABILITIES
23.1. To be clear:
23.1.1. we will not be liable for any loss arising from your use of the Services or any reliance on the information presented on the Website or in the Services or provided by iRainbow as part of the Services;
23.1.2. we will not be liable to you for any loss caused by using our Services or your liability to any third party arising from those subjects. This includes but is not limited to:
23.1.2.1. any interruption, malfunction, downtime, off-line situation or other failure of the Services, Website, system, databases or any of its components;
23.1.2.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website or Services; and
23.1.2.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website, or third-party systems or programming defects;
23.1.3. we will not be liable if any material available for downloading from the Website or Services is not free from infection,
viruses and/or other code that has contaminating or destructive properties; 23.1.4. the Website or Services may include inaccuracies or typo’s – in such instances we can’t be held liable and can’t be forced to comply with offers that are genuinely (and/or negligently) erroneous;
23.1.5. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
23.1.6. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
23.2. If any matter results in a valid claim against iRainbow, iRainbow’s liability will be limited to the Fees paid by the User in respect of the Services supplied under these Terms for a 1 (one) month period.
24. INDEMNITY
You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from negligence, intent, breach of these Terms or violation of applicable law, rule, regulation by a party
or its affiliates, or their respective owners, officers, directors, employees, or representatives or any other action or omission of any nature.
25. FORCE MAJEURE
Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
26. ARBITRATION
26.1. Any dispute which arises out of or pursuant to these Terms (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
26.2. The parties shall jointly appoint an arbitrator within 14 (fourteen) calendar days of either party demanding arbitration from the other Party, failing which either party shall be entitled to approach the Secretariat of the Arbitration Foundation of South Africa (“AFSA”) to recommend an arbitrator to preside over the arbitration proceedings, which recommendation will immediately be deemed to have been accepted by the parties as soon as such recommendation is made to either party and the arbitration process may immediately commence.
26.3. Unless otherwise agreed, the rules of Commercial Arbitration as stipulated by AFSA will apply to such arbitration.
26.4. That arbitration shall be held:
26.4.1. with only the parties and their representatives present;
26.4.2. at Johannesburg.
26.5. The provisions of this clause 26 are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.
26.6. The arbitrator’s award shall be final and binding on the Parties and incapable of appeal.
27. LEGAL DISCLOSURE
27.1. Website and App owner: Ecigus Proprietary Limited (trading as “iRainbow”), company registration number 2012/149413/07.
27.2. Legal status: iRainbow is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa.
27.3. Directors: Shmueli Maman, Ori Maman.
27.4. Description of main business of iRainbow: Provider of online and offline educational programs, which includes (without limitation) accessible via desktop and mobile devices.
27.5. Email address: admin@irainbow.co.za
27.6. Website address: https://irainbow.co.za/.
27.7. Physical address: BUILDING E, 2ND FLOOR, Stoneridge Office park, 8 Greenstone Place, Greenstone Hill, 1609
27.8. Registered address: BUILDING E, 2ND FLOOR, Stoneridge Office park, 8 Greenstone Place, Greenstone Hill, 1609
27.9. Postal address: Postnet suite 246 Private bag X10010, Edenvale 1610
28. GENERAL
28.1. Suspension of the Website: we may temporarily suspend the Website for any reason, including repairs or upgrades to the Website or other systems. iRainbow will take reasonable efforts to notify Users of such suspensions in advance.
28.2. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.
28.3. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
28.4. Law and jurisdiction: these Terms and all obligations connected to them or arising from them shall be governed and interpreted in terms of the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts.
28.5. Good faith: the parties shall in their dealings with each other display good faith.
28.6. Breach: if either party to these Terms breaches any material provision or term of these Terms and fails to remedy such breach within 14 (fourteen) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party’s right to claim damages.
28.7. No waiver: the failure of iRainbow to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of iRainbow’s right to enforce any such provision or right in any other instance.
28.8. No assignment: the User will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of iRainbow.
28.9. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
28.10. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty,
promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not. 28.11. Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
28.12. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.
28.13. Notices:
28.13.1. iRainbow selects H. SANTOS BUILDING, 30 Arena Cl, Bruma, Johannesburg, 2026  as its physical address and admin@irainbow.co.za as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.

28.13.2. You hereby select the email address specified in your Account as your address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing iRainbow with 7 (seven) calendar days’ notice in writing.
28.13.3. Service via email shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.

29. Online Video Library 

By signing up for iRainbow, you acknowledge that the Online Video Library is an optional add-on feature provided by a third-party service and is not part of iRainbow’s core offering. While we strive to maintain access to this content, we cannot guarantee its availability indefinitely, as it is subject to the third-party provider’s terms, service changes, and continued partnership. iRainbow is not responsible for any modifications, interruptions, or discontinuation of this service by the third-party provider.

Additionally, lifetime subscriptions do not include unlimited access to the Online Video Library. Clients who have purchased a lifetime iRainbow license will receive access to the video content for 2 years. After this period, a monthly subscription fee will be required to continue accessing the Online Video Library.