Terms of Use

Last updated: January 06, 2020

These Terms of Service (“Terms”) apply to your access to and use of the websites (the “Sites”) and mobile application (the “Scholar Route App”) provided by Scholar Route. (“Scholar Route” or “we”) and the other online products and services provided by Scholar Route in connection therewith (collectively with the Scholar Route Technology the “Service”).

Important: please review the arbitration agreement set forth in Section 17 below carefully, as it will require you to resolve disputes with Scholar Route on an individual basis through final and binding arbitration.

BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

If you have any questions about these Terms or our Service, please contact us at info@scholarroute.co.za

1. Description of Service;

The Service is an application based software service that enables users (“Users”) to arrange and schedule rides for children between the age of five and up (the “Riders”) with a third-party service provider (“Drivers”). To use the Service, you must download the Scholar Route App and set up your user profile. To create a user profile, you must enter valid personal information and set up a Rider profile. The membership profile requires you to provide certain personally identifiable information and will contain other information about you and others who use the Service via your account. Please see our Privacy Policy for information on how Scholar Route collects, uses and discloses information from its users.

SCHOLAR ROUTE DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO INDEPENDENT, THIRD PARTY DRIVERS OR VEHICLE OPERATORS TO OFFER TRANSPORTATION SERVICES THAT ARE ARRANGED THROUGH USE OF OUR SERVICES. SCHOLAR ROUTE OFFERS INFORMATION AND A METHOD TO ARRANGE SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

Scholar Route and the driver deserve the right to refuse services to any Rider or Rider's legal guardian, at their discretion for cause.

Scholar Route also facilitates payment between you and the driver who provides the Services in accordance with Section 4.2 below.

2. Eligibility; Authorization

You must be at least 18 years of age to create an account with Scholar Route. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Service under the account and supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian of a child under the age of 18 (or the age of legal majority) who will be using the Service, you agree to be fully responsible for the acts or omissions of such Rider in connection therewith and for the acts of anyone you authorize to arrange for Services through our Service or of any Rider for whom you book any Services. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and responsible to us if you or the other person or entity violates these Terms. You represent and warrant to Scholar Route that you will only book Services for Riders for whom you have been specifically authorized to do so by the parent or legal guardian of the Rider and who have agreed to these Terms.

3. USER ACCOUNTS AND ACCOUNT SECURITY

Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account

4. PAYMENT TERMS

4.1. PAYMENT

You agree to pay, and you hereby authorize Scholar Route’s third-party payment processor to charge, via one or more credit cards or PayPal or other third-party payment processing accounts on file in your account (each a “Payment Method”) for all applicable fees and taxes that may accrue in relation to your subscription to use the Service. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. If you have more than one Payment Method on file, you will designate one Payment Method as your primary Payment Method. You are responsible for providing complete and accurate Payment Method and contact information to us. If your primary Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that Scholar Route may use any other Payment Method in your account, if available. If you do not have a valid Payment Method listed in your account, you agree to promptly provide Scholar Route with a valid Payment Method immediately upon request.

All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. Scholar Route has no obligation to provide refunds or credits relating to any Services, but may do so in Scholar Route’s sole discretion.

4.2. SERVICES FEES GENERALLY

“Ride Fees” consist of a base charge and incremental charges based on time, estimated distance, number of Organizers, and local operating costs. For short rides, minimum fares may applY.

Ride Fees vary based on the particular route in question and may include tolls, surcharges and other fees. When scheduling a ride through the Scholar Route App, you will be quoted an estimate of the applicable ride fees before you confirm your reservation. Your actual Ride Fees charged for any given Transport Services may vary from these estimates based on (a) the amount of time it takes to perform your Transport Services (e.g., including the Transport’s waiting time if you, other Riders or your account Riders, as applicable, delay your pick-up or departure time, or due to traffic delays), (b) the distance travelled during your ride (e.g., if a detour is required to avoid adverse road conditions), and (c) the amount of any tolls, surcharges, and other fees which you are responsible for paying. Your Ride Fees may also vary if you change your pick-up time after confirming your ride reservation, or if your Transport is late for your scheduled pick-up time.

You understand that use of the Service to arrange for Transport Services may result in charges to you for the Transport Services you receive from a Transport. After you have received Transport Services obtained through your use of the Service, Scholar Route will facilitate your payment of the applicable fees on behalf of the driver. Payment of the fees in such manner will be considered the same as payment made directly by you to the Transport. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable.

All Ride Fees are due immediately and payment will be facilitated by Scholar Route using the Payment Method designated in your account, after which Scholar Route will send you a receipt by email.

As between you and Scholar Route, Scholar Route reserves the right to establish, remove and revise fees for the Service or for any or all services obtained through the use of the Service, including on behalf of drivers with respect to the ride fees, at any time in Scholar Route’s sole discretion. Further, you acknowledge and agree that fees applicable in certain geographical areas may increase substantially during times of high demand. You will be able to view any applicable high-demand fees prior to booking a ride. Scholar Route may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Service or the fees applied to you. You may elect to cancel your request for Transport Services from a driver at any time prior to such driver’s arrival, in which case you may be charged a cancellation fee as described in the confirmation email you will receive upon booking a ride.

The ride fees are intended to fully compensate the driver for the Transport Services provided. Scholar Route does not designate any portion of your payment as a tip or gratuity to the driver. Any representation by Scholar Route (on Scholar Route’s website, in the Scholar Route App, or in Scholar Route’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Scholar Route provides any additional amounts, beyond those described above, to the driver. You understand and agree that, while you are free to provide additional payment as a gratuity to any Transport who provides you with Transport Services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received the Transport Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Transport.

4.3. SERVICE CREDITS

Scholar Route may allow the purchase of service credits that can be applied towards future Transport Services (“Service Credits”), and may offer the purchase of Service Credits at a discount. In addition, Service Credits may be made available to you to use to book Transport Services through an employer or other third party, which Service Credits may be accessed through a code provided by such third party (a “Credit Code”). A portion of such credits, corresponding to the applicable Transport Services Fees, will be deducted from your account upon booking Transport Services. Additional terms for using such Service Credits may be made available at the time of purchase or when such Credit Code is provided to you, and such terms will become a part of these Terms.

4.4. “Route Pass”

The Services include an offering called “RoutePass” that allows parents to pre-purchase a set of Rides that will always have the same pickup and the same drop-off (for example, from a school to a neighborhood drop-off point for the entire week or month). RoutePass is limited to set pickup and set drop-off Rides. Each RoutePass will include a series of Rides on a set schedule and route. When an parent purchases a RoutePass, the applicable Rider(s) of such Arranger will have access to Rides in accordance with the pass’s schedule. Parents pay upfront to purchase Rides for a specific period of time.

5. REPAIR OR CLEANING FEES

You will be responsible for the cost of repair for damage to, or necessary cleaning of, drivers’ vehicles and other property resulting from use of the Transport Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Transport reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Scholar Route in Scholar Route’s reasonable discretion, Scholar Route reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Transport using your payment method designated in your Account. Such amounts will be transferred by Scholar Route to the applicable driver and are non-refundable. You acknowledge and agree that Scholar Route may, and you hereby authorize Scholar Route to, charge your Payment Method up to R1000 on a per-service (e.g. per-Ride) basis for any damages incurred by your driver that were caused by you, Riders or account Riders during Transport Services, as determined in Scholar Route’s sole discretion.

6. MOBILE AND ELECTRONIC COMMUNICATIONS.

The Service involves receiving alerts, acknowledgements, updates, offers, messages, and other information via your mobile device and/or email. Therefore, when you use the Service, you expressly agree that Scholar Route and Transports may contact you via text message, phone or email using the information you provide in your user account or otherwise provide to us. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may opt out of receiving texts by texting STOP to cancel and you may text HELP for customer support information. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.

7. USER CONTENT

As part of our Service you may have the opportunity to post or upload photos, reviews and other content from time to time (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Scholar Route. You grant Scholar Route a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use your User Content, and any name, username or likeness provided in connection with your User Content, in any media or media in connection with the Service without compensation to you. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post.

You may not upload, post, store, share or otherwise use any User Content that violates these Terms, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

8. PROHIBITED CONDUCT AND CONTENT

You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Service or the Transport Services, and you are solely responsible for your conduct while accessing or using our Service or the Transport Services. Without limiting the foregoing, you will not:

Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct;
Use or attempt to use another User’s account without authorization from that user and Scholar Route or arrange or attempt to arrange rides for any Rider for whom you are not authorized to do so;
Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
Develop or use any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service; or
Use any data mining, robots or similar data gathering or extraction methods; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Scholar Route or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

9. LIMITED LICENSE; COPYRIGHT AND TRADEMARK

Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Scholar Route Content”) are owned by or licensed to Scholar Route and are protected under both South African and foreign laws. Except as explicitly stated in these Terms, Scholar Route and our licensors reserve all rights in and to our Service and the Scholar Route Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Service and Scholar Route Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Service or Scholar Route Content; (b) copy, reproduce, distribute, publicly perform or publicly display Scholar Route Content, except as expressly permitted by us or our licensors; (c) modify the Scholar Route Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service or Scholar Route Content; and (d) use our Service or Scholar Route Content other than for their intended purposes. Any use of our Service or Scholar Route Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

10. FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Scholar Route or our products or Service (collectively, “Feedback”), is non-confidential and will become the sole property of Scholar Route. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Scholar Route and each of our respective officers, directors, agents, partners and employees (individually and collectively, the (“Scholar Route Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our Service or the Transport Services, including any bodily injury or property damage you cause. You agree to promptly notify Scholar Route Parties of any third party Claims, cooperate with Scholar Route Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Scholar Route Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Scholar Route or the other Scholar Route Parties.

12. DISCLAIMERS

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Service or for the Transport Services or for the conduct of any Transport.

YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, SCHOLAR ROUTE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SCHOLAR ROUTE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.

FOR THE AVOIDANCE OF DOUBT, SCHOLAR ROUTE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND SCHOLAR ROUTE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE TRANSPORT TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A MEMBER THROUGH THE USE OF THE SERVICE. ANY DECISION BY A MEMBER, OTHER RIDER OR ACCOUNT RIDER TO ACCEPT TRANSPORTATION FROM A TRANSPORT IS A DECISION MADE IN SUCH MEMBER, OTHER RIDER OR ACCOUNT RIDER’S SOLE DISCRETION. SCHOLAR ROUTE OFFERS INFORMATION AND TECHNOLOGY TO CONNECT TRANSPORT AND MEMBERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OR OTHER SERVICES PROVIDED TO ANY MEMBER, OTHER RIDER OR ACCOUNT RIDER BY ANY TRANSPORT USING THE SERVICE.

ALTHOUGH SCHOLAR ROUTE CONDUCTS CERTAIN TRANSPORT SCREENINGS AND ALTHOUGH ONLY TRANSPORTERS WHO SUCCESSFULLY COMPLETE THE TRANSPORT SCREENING PROCESS, AS DETERMINED IN SCHOLAR ROUTE’S DISCRETION, ARE PERMITTED TO USE THE SERVICE TO PROVIDE TRANSPORT SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, SCHOLAR ROUTE CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE TRANSPORT SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY TRANSPORT, THE TRANSPORT SERVICES PROVIDED BY ANY TRANSPORT, OR THE CONDITION OF THE VEHICLES IN WHICH ANY TRANSPORT SERVICES ARE PERFORMED.

IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A TRANSPORT WILL MEET YOUR NEEDS AND EXPECTATIONS. SCHOLAR ROUTE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A TRANSPORT. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING A TRANSPORT THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF TRANSPORT ARRANGED OR SCHEDULED USING THE SERVICE IS AT YOUR OWN RISK AND JUDGMENT. SCHOLAR ROUTE WILL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH TRANSPORT OR IN CONNECTION WITH ANY FAILURE OR ERROR WITH RESPECT TO ANY TRANSPORT SCREENINGS.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SCHOLAR ROUTE AND THE OTHER SCHOLAR ROUTE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SCHOLAR ROUTE OR THE OTHER SCHOLAR ROUTE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF SCHOLAR ROUTE AND THE OTHER SCHOLAR ROUTE PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE OR THE TRANSPORT SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Scholar Route or the other Scholar Route Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14. RELEASE

To the fullest extent permitted by applicable law, you release Scholar Route and the other Scholar Route Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties including Transports.

15. TRANSFER AND PROCESSING DATA

By accessing or using our Service, you consent to the processing, transfer and storage of information about you in and to South Africa and other countries, where you may not have the same rights and protections as you do under local law.

16. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.

17. ELECTRONIC COMMUNICATIONS

By creating a Scholar Route account, you also consent to receive electronic communications from Scholar Route (e.g., via email or by posting notices on our Service). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

18. TERMINATION; MODIFICATION OF DISCONTINUANCE OF SERVICE

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Service. We also reserve the right to modify, suspend or discontinue the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. We are not responsible for any loss or harm related to your inability to access or use our Service.

19. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES

The following terms apply if you install, access or use the Service on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).

Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Scholar Route, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. You and Scholar Route acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Scholar Route. However, you understand and agree that in accordance with these Terms, Scholar Route has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and Scholar Route acknowledge that as between Apple and Scholar Route, Scholar Route, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Scholar Route, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Developer Name and Address.
Any questions, complaints or claims with respect to the App should be directed to: Scholar Route
24 Currie Street
Roodepoort, Johannesburg
info@scholarroute.co.za

Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

21. MISCELLANEOUS

These Terms (together with any written agreement executed by you and Scholar Route with respect to the Services) constitute the entire agreement between you and Scholar Route relating to your access to and use of our Service. The failure of Scholar Route to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.