Terms & Conditions – Top Marks AI

TERMS OF USE AGREEMENT

PREAMBLE
The Top Marks AI website is owned and operated by BSJD (Pty) Ltd. This website is offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein. Your usage of the website constitutes your binding agreement to these terms. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of South Africa. Additionally, we are not liable for any errors or omissions that may occur while using the website.

AMENDMENTS
BSJD (Pty) Ltd reserves the right to amend the terms under which the Top Marks AI website is offered, including any applicable charges, at any time and without prior notice.

EXTERNAL LINKS
This website may contain links to third-party websites (“Linked Sites”). BSJD (Pty) Ltd exercises no control over Linked Sites and accepts no responsibility for their content, updates, or transmission data. These links are provided solely for convenience and do not imply endorsement or association.

LAWFUL USE WARRANTY
As a condition of your use, you warrant that you will not utilize the Top Marks AI website for any purpose unlawful or prohibited by these terms. You are prohibited from using the website in any manner that could impair its operation or interfere with another party’s use. Accessing materials not intentionally made available through the website is strictly prohibited.

USE OF COMMUNICATION SERVICES
The website may contain message or communication facilities (“Communication Services”). You agree to utilize these services only to post, send, and receive proper and relevant material. You agree that you will not:

Defame, abuse, or violate the legal rights of others.
Publish profane, infringing, obscene, or unlawful material.
Upload files containing viruses, corrupted data, or protected intellectual property without authorization.
Conduct unauthorized advertising, surveys, or pyramid schemes.
Harvest information about others without consent.

BSJD (Pty) Ltd has no obligation to monitor the Communication Services but reserves the right to review and remove materials in its sole discretion. We reserve the right to terminate your access to these services at any time. We specifically disclaim liability regarding the content and actions resulting from participation in any Communication Service.
USER SUBMISSIONS
BSJD (Pty) Ltd does not claim ownership of materials you provide, post, or upload (“Submissions”). However, by providing a Submission, you grant BSJD (Pty) Ltd and its affiliates the permission to use your Submission in connection with their business operations, including the rights to copy, distribute, display, edit, and publish your name associated with the Submission.
No compensation will be paid for the use of your Submission. We are under no obligation to post or use any Submission and may remove it at our discretion. You warrant that you own or control all rights to your Submission necessary to grant this license.

LIABILITY DISCLAIMER

The information, software, products, and services available on or through the Top Marks AI website may contain errors or inaccuracies, including typographical errors. Updates and changes to the content are made from time to time. BSJD (Pty) Ltd and/or its suppliers reserve the right to modify, improve, or change the Top Marks AI website at any time without notice.

Any advice or information obtained through the Top Marks AI website should not be relied upon for personal, medical, legal, or financial decision-making. You are advised to consult a suitably qualified professional for advice specific to your individual circumstances.

BSJD (Pty) Ltd and/or its suppliers make no warranties or representations regarding the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or related graphics contained on the Top Marks AI website for any purpose. To the fullest extent permitted by applicable law, all such materials are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind.

BSJD (Pty) Ltd and/or its suppliers expressly disclaim all warranties and conditions, whether express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by law, BSJD (Pty) Ltd and/or its suppliers shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or for any damages whatsoever, including but not limited to loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Top Marks AI website. This includes damages resulting from delays or inability to use the website or related services, the provision or failure to provide services, or any information, software, products, services, or related graphics obtained through the website, whether such liability arises in contract, delict (tort), negligence, strict liability, or otherwise, even if BSJD (Pty) Ltd or its suppliers have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, and therefore certain limitations may not apply to you. If you are dissatisfied with any aspect of the Top Marks AI website or with these terms of use, your sole and exclusive remedy is to discontinue use of the website.

TERMINATION / ACCESS RESTRICTION

BSJD (Pty) Ltd reserves the right, at its sole discretion, to terminate or restrict your access to the Top Marks AI website and any related services, or any portion thereof, at any time and without prior notice.

GENERAL

To the fullest extent permitted by law, this agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Use of the Top Marks AI website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and BSJD (Pty) Ltd as a result of this agreement or your use of the Top Marks AI website.

BSJD (Pty) Ltd’s performance under this agreement is subject to applicable laws and legal processes. Nothing in this agreement limits BSJD (Pty) Ltd’s right to comply with governmental, judicial, or law enforcement requests relating to your use of the Top Marks AI website or information collected in connection with such use.

If any provision of this agreement is found to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations, such provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent, and the remaining provisions shall continue in full force and effect.

Unless otherwise stated, this agreement constitutes the entire agreement between you and BSJD (Pty) Ltd regarding the use of the Top Marks AI website and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.

A printed version of this agreement and any notice provided electronically shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business records originally created and maintained in printed form.

It is the express intention of the parties that this agreement and all related documents be drafted in the English language.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

All company names and product names referenced may be trademarks of their respective owners.

Any example companies, organizations, products, persons, or events mentioned are fictitious. No association with any real entity or individual is intended or should be inferred.

All rights not expressly granted herein are reserved.