Take Note

IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18 YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1. Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the SumQuest web site located at www.sumquest.co.za, and all associated sites linked to www.sumquest.co.za including the SumQuest mobile game application (collectively, the “Site”). The Site is the property of Gary Millichip.

Please read these Terms of Use carefully before using the services offered by the Site. By visiting the Site or using the services offered by the Site in any manner, you agree that you have read and agree to be bound by and a party to the Terms of Use to the exclusion of all other terms. Gary Millichip reserves the right, at his sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Gary Millichip grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If you do not unconditionally agree to the Terms of Use, you have no right to use the Site.

2. Ownership of Site; Agreement to Terms of Use

All text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by Gary Millichip and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Gary Millichip’s express prior written consent.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Gary Millichip or others.

Subject to these Terms of Use, the Site may offer to provide certain services which are selected by you through the process provided on the Site (the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” shall include, without limitation, any service the Site performs for you and the Content offered by the Site. The Site may change, suspend or discontinue the Services at any time, including the availability of any feature or Content. The Site may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

You represent and warrant that:

2.1 You are an individual (i.e., not a company or corporation) and you are of legal age to form a binding contract (or, if you are a minor, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);

2.2 All registration information you submit is accurate and truthful;

2.3 You will maintain the accuracy of such information;

2.4 If a child under the age of 18 will be using the Site, you are the parent or legal guardian of that child. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

3. Use by Children

We do not collect personally identifiable information about you or your children through our Site. In other words, we do not collect information such as your name, address, phone number or email address.

Occasionally we collect the personal information that you voluntarily provide to us (e.g. email addresses you give us when you submit a request to our support via our Site). Please view the Site’s Privacy Policy located in the SumQuest App or at www.sumquest.co.za/privacy.

A child’s usage information, such as scores or times from games, is only shared in an aggregated anonymous manner and never in a way that could personally identify the minor. In the event that we learn that we have collected personal information from a minor without parental consent, we will delete that information as quickly as possible. If you believe that your child or a minor may have provided us personal information without your consent, please contact us at support@sumquest.co.za.

4. Additional Terms.

4.1 If you are under the age of eighteen and using the Site, the following terms also apply to you:

4.1.1 Remember, you must get your parent or guardian to read these Terms of Use before using the Site.

4.1.2 You will only access the Services using the Site through your parent or guardian’s profile, not anyone else’s. You may not use the Site using anyone else’s application or user profile.

4.2 If you are accessing the Services as a parent, the following terms also apply to you:

4.2.1 You will only allow minors for whom you are legally responsible to use the Site, and only through an account established by you.

4.3.2 You agree not to allow the minor to log into or use the Services present on the Site except through an account established by you.

You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Site. Children under 18 must not use the Site unless a parent or guardian has accepted this Agreement on their behalf.

5. User Content

In the course of using the Services, you and other users may provide information which may be used by the Site in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Site or otherwise providing content, materials or information to the Site or in connection with the Services (collectively, “User Submissions”), Gary Millichip hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and in connection with the Site, the Services, and Gary Millichip’s (and his successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites); however, the Site will only share your personally identifiable information in accordance with the Privacy Policy in the SumQuest App or at www.sumquest.co.za/privacy.

If you are School Personnel accessing the Service on behalf of a school or other similar educational institution, you agree that you are acting on behalf of (or have received all necessary permission from) your Institution to enter into this Agreement and to register and use the Site and its Services as part of your curriculum. The School Personnel is responsible for obtaining any necessary approvals from their school’s authorities and administrators before using the Services.

6. Your Warranty

You warrant, represent and agree that you will not contribute any User Submissions or otherwise use the Site or Services in a manner that

6.1 Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;

6.2 Violates any law, statute, ordinance or regulation;

6.3 Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;

6.4 Involves commercial activities and/or sales without Gary Millichip’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

6.5 Impersonates any person or entity, including without limitation any employee or representative of the Site; or

6.6 Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

We reserve the right to remove any Content from the Site or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if the Site is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

You, not the Site, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to the Site and to grant the Site the rights to use such information in connection with the Services and as otherwise provided herein.

7. Restrictions

You are responsible for all of your activity in connection with the Site and Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site or Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.

You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site or Services, or any processes that run or are activated while you are not logged on to the Site, or that otherwise interfere with the proper working of or place an unreasonable load on the Site or Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site is strictly prohibited.

You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

8. Warranty Disclaimer

Gary Millichip and the Site have no special relationship with or fiduciary duty to you. You acknowledge that Gary Millichip and the Site have no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content you accesses via the Site or Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Gary Millichip and the Site from all liability for you having acquired or not acquired Content through the Site and Services. The Site and Services may contain, or direct you to, websites containing, information that some people may find offensive or inappropriate. Gary Millichip and the Site makes no representations concerning any content contained in or accessed through the Site and Services, and Gary Millichip and the Site will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SITE, SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISTRICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Registration and Security

As a condition to using some aspects of the Site or Services, you may be required to register with the Site and select a password and username (“Site User ID”). You shall provide the Site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use as a Site User ID a name of another person with the intent to impersonate that person; or use as a Site User ID a name subject to any rights of a person other than you without appropriate authorization. The Site reserves the right to refuse registration of or cancel a Site User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

10. Indemnity

You will indemnify and hold Gary Millichip, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Site or Services, use of the Site or Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

11. Limitation of Liability

IN NO EVENT SHALL GARY MILLICHIP, THE SITE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME JURISTRICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Fees And Payment

The Site reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. The Site reserves the right to change its price list and to institute new charges at any time, upon notice which may be posted on the Site. Your use of the Site or Services following such notification constitutes your acceptance of any new or increased charges.

13. Links to Third-Party Websites

The Site or Services may contain links to third-party websites that are not owned or controlled by the Site, or the Services may be accessible by logging in through a third-party website or service; for example, you may access the Services through Facebook by using its “Facebook Connect” functionality. When you access third-party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third-party websites or services relating to your use of the Site or Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Gary Millichip and the Site have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. In addition, the Site will not and cannot monitor, verify, censor or edit the content of any third-party site. By using the Site or Services, you expressly relieve and hold harmless Gary Millichip and the Site from any and all liability arising from your use of any third-party website. Your interactions with organizations and/or individuals found on or through the Site or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Gary Millichip and the Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that this Site is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Gary Millichip and the Site, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

14. Termination

This Agreement shall remain in full force and effect while you use the Site and Services. You may terminate your use of the Site or Services at any time by following the instructions on the Site. The Site may terminate your access to the Site or Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Site may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms of Use of this Agreement. Any fees paid hereunder are non-refundable.

Upon termination of your account, your right to use the Site or Services and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Miscellaneous

15.1 The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.

15.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

15.3 This Agreement is not assignable, transferable or sublicensable by you except with Gary Millichip’s prior written consent. Gary Millichip may transfer, assign or delegate this Agreement and its rights and obligations without consent.

15.4 Gary Millichip does not promise that the Site or any Content, Services or features of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. Gary Millichip and the Site cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.

15.5 Gary Millichip and the Site disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

15.6 You assume total responsibility for your use of the Site, Services and any linked sites. Your sole remedy against Gary Millichip and the Site for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between the parties.

16. Contact

If you have any questions, complaints, or claims with respect to the Site or Services, you may contact us at support@sumquest.co.za.

This document was last updated on September 21, 2020.

© 2020 Gary Millichip. All rights reserved.