Terms & Conditions

These Terms and Conditions apply when you use the Out of the Blocks website, purchase a programme, access programme material or use services provided by Out of the Blocks (Pty) Ltd.

By completing a purchase or using a paid Out of the Blocks account, you agree to these Terms and Conditions together with our Privacy & POPIA Policy and our Payment & Refund Terms. All three documents form one agreement.

Nothing in these terms removes or limits any right that cannot lawfully be excluded under South African law. Where a statutory right conflicts with anything written here, the statutory right applies.

Out of the Blocks is not currently a registered VAT vendor and does not charge VAT.

Professional-development provider and programme endorsement: Out of the Blocks holds South African Council for Educators (SACE) provider number PR000001135. SACE has endorsed the Play and Learn activity for 15 professional-development points, valid from 12 December 2025 to 12 December 2028. SACE may be contacted at +27 12 663 9517, provider@sace.org.za or sace.org.za. This is a provider and programme endorsement; it is not described as membership of SACE.

Codes of conduct: Out of the Blocks does not subscribe to a formal code of conduct.

Section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") requires an online supplier to make this information available to consumers.

Out of the Blocks provides educational movement programmes and supporting resources for educators, schools, parents, caregivers and homeschool families.

Our programmes are Play and Development, Play and Learn and Play and Sport. Play and Sport is in development and is not yet available for purchase.

Each programme page describes the intended age or grade range, the programme content, the price and the access terms. The main characteristics of each programme are set out on that page and should be read before purchase.

You may use our website for lawful purposes connected with our programmes and services.

You may not use the website fraudulently or unlawfully, attempt to gain unauthorised access to accounts or systems, interfere with the security or operation of the website, introduce malicious code, or copy and distribute protected content except as permitted by these terms or by law.

We may take reasonable steps to protect our website, systems, content and users where misuse occurs.

We aim to describe each programme clearly and accurately.

Programme material may be revised or updated over time as activities, teaching guidance, assessments, videos and supporting resources are improved.

Where you already have paid access to a programme, an update will not reduce or remove the core programme access you paid for. If we discontinue a programme during a paid access period, we will offer you a comparable alternative or a pro-rata refund for the unused portion, at your election.

Individuals may purchase programme access directly from us, including through an online checkout where one is made available.

The programme, the price, the language option and the access period are displayed before the transaction is completed.

Unless otherwise stated at the time of purchase, an individual purchase provides one seat for the selected programme and 12 months of access from the activation date. For home use, that seat may be shared by no more than two adults who live in the same household, as explained in clause 9.

Purchasing one Out of the Blocks programme does not include access to any other programme.

Access does not automatically renew for another 12-month fixed term. If section 14 of the CPA applies, the agreement continues on a month-to-month basis after the fixed term unless you expressly direct us to terminate it at expiry or agree to renew it for a further fixed term. We will send the expiry notice described in clause 5 of our Payment & Refund Terms, including the expiry date, any material changes that would apply after expiry and the options available to you.

Before you finally place an order through an online checkout, the checkout gives you an opportunity to review the transaction, correct any errors and withdraw from the transaction.

ECTA requires us to provide that opportunity. If we fail to do so, section 43(3) of ECTA entitles you to cancel the transaction within 14 days of receiving the goods or services.

A purchase is subject to successful payment through our checkout and payment systems. Programme access may not be activated where payment is unsuccessful, reversed or cannot be confirmed.

Payment security. Our online checkout is provided through CheckoutJoy and payments are processed by PayFast. CheckoutJoy sends the transaction, price and customer details needed to initiate the payment to PayFast and directs the customer to PayFast's checkout environment. Full payment-card details are entered into and handled in PayFast's secure payment environment and are not stored on an Out of the Blocks system. PayFast states that it is PCI DSS Level 1 compliant and supports 3D Secure for card payments.

All payment methods made available by PayFast through CheckoutJoy are accepted and are displayed at checkout.

Programme access is delivered through an online learning account.

You are responsible for providing accurate account information, keeping your login credentials secure and taking reasonable steps to prevent unauthorised use of your account.

If you believe your account has been compromised, contact us as soon as reasonably possible.

An individual programme purchase provides one seat. Except for the home-use exception below, that seat is for one named adult.

For home use, a parent, caregiver or homeschool customer may share the seat and login with one other adult who lives in the same household. No more than two adults may use the seat, and both must use the programme only for that household.

An authorised user may use the programme in their own teaching, learning or caregiving work, including with all the children in their class, group, practice or household. A login may not be shared outside the permitted household, between people working in different classrooms, groups, practices or organisations, sold, transferred, or made publicly available.

Schools and organisations may purchase multiple staff seats under a separate access arrangement and may manage those seats according to their agreed package and the functionality of the learning platform.

Schools, early childhood centres and other organisations may purchase access for multiple staff members.

A school package may include one or more programmes and an agreed number of staff seats. School pricing is provided by quotation and depends on the programmes and number of seats required.

Unless otherwise agreed in writing, school access is structured around the January to December academic year.

Where a quotation, proposal or separate agreement accepted by a school contains specific commercial terms, those specific terms prevail over these general website terms to the extent of any conflict.

School and organisational access is for authorised adult staff members. Our services do not create learner accounts or child profiles, and customers must not provide us with personal information about learners in order to purchase or use a programme.

Unless otherwise stated, Out of the Blocks programme material and website content remain the intellectual property of Out of the Blocks (Pty) Ltd or the relevant rights holder.

This includes written material, videos, animations, photographs, illustrations, activity instructions, teaching guides, assessment material, downloadable resources, branding and website content.

Purchasing access gives the authorised user permission to use the material for the purposes associated with the programme. Ownership is not transferred to the customer.

11.1 Permitted use

An authorised user may use the programme material for their own teaching, learning or caregiving activities during the access period.

Where downloadable resources are provided, they may be used as intended with the children or classes supported by the authorised user.

Resources you download during your access period may continue to be used by you personally after your access period ends, on the same terms. Your right to access the online platform, to download further material and to receive updates ends with the access period.

11.2 Restrictions

Unless we have given written permission, programme material may not be resold, publicly distributed, uploaded to another learning platform, made publicly available online, substantially copied for unauthorised users, or presented as the work of another person or organisation.

Out of the Blocks programmes involve children taking part in physical movement activities. Physical activity carries an inherent risk of injury.

Out of the Blocks provides educational guidance and activity instructions. We are not present when an activity takes place and we have no control over the children, the adults, the equipment, the surface, the space or the level of supervision.

The adult delivering an activity is responsible for:

• deciding whether the activity is appropriate for the particular children involved;
• checking that the equipment, surface and environment are safe and suitable;
• providing an appropriate level of supervision;
• following the programme instructions and reasonable safety precautions;
• stopping an activity where it is not safe to continue.

By purchasing or using a programme, you accept responsibility for these matters in respect of activities you deliver.

Out of the Blocks provides educational movement and teaching resources.

Our programmes are not a substitute for individual medical, therapeutic, physiotherapeutic or developmental advice, diagnosis or treatment.

Where a child has an injury, medical condition, disability or any other circumstance that may affect participation in physical activity, the responsible adult must obtain appropriate professional guidance before the child takes part.

We use third-party services to operate parts of our website, checkout, payment process, communication systems and online learning environment.

The availability of some functionality therefore depends on services operated by other providers, and your use of a third-party service may be subject to that provider's own terms and privacy practices.

Nothing in this clause removes our own obligations to you where those obligations apply by law.

We aim to keep the website and learning platform available, but uninterrupted access cannot be guaranteed.

Access may be affected by maintenance, updates, technical problems, internet or hosting outages, third-party service interruptions or security work.

Where a significant problem within our control prevents access to a paid programme for an extended period, we will take reasonable steps to restore access and to address the effect on affected users, including extending the access period by an equivalent amount.

Some activities require physical equipment.

Unless expressly included in a purchase, physical equipment is not supplied with programme access.

You may use suitable equipment you already have, source your own, or contact the preferred equipment supplier listed on our website. A purchase from an independent equipment supplier is a separate transaction between you and that supplier, and Out of the Blocks is not a party to it and is not responsible for the quality, safety, delivery or fitness for purpose of equipment supplied by others.

The price of individual programme access is shown on the applicable programme page and at checkout. The total amount payable, including any applicable taxes, is displayed before you finally place your order.

Schools and organisations follow a separate quotation and invoice process, and organisational pricing may differ from individual pricing.

Full details are in our Payment & Refund Terms.

Cancellation, cooling-off and refund rules are set out in our Payment & Refund Terms, which must be read together with your rights under the Consumer Protection Act 68 of 2008 ("CPA") and ECTA.

Where legislation gives you a right that conflicts with anything in those terms, the statutory right applies.

We may suspend or restrict programme access where there is reasonable evidence of fraudulent activity, unauthorised account sharing, unauthorised distribution of programme material, attempts to compromise our systems, or another material breach of these terms.

Before suspending access we will contact the account holder, explain the concern and give a reasonable opportunity to respond and resolve it, unless immediate suspension is necessary to prevent ongoing harm or is required by law.

If we suspend or terminate access for a material breach that you do not remedy, we may retain the amounts already paid for the period of access already used, and we will refund the unused portion on a pro-rata basis less any reasonable costs we have actually incurred, except where the breach involved unauthorised distribution of our material, in which case we may retain amounts to the extent permitted by law.

If we suspend access and it turns out we were mistaken, we will restore access and extend your access period by the period lost.

Personal information is processed in accordance with our Privacy & POPIA Policy, which explains what we collect, how we use it, when service providers process it, and how you can exercise your rights.

Our website may link to websites or services operated independently by third parties. A link does not mean we control the content, security, availability or privacy practices of that service.

Neither party is liable for a failure or delay in performing an obligation to the extent that it is caused by an event beyond that party's reasonable control, including natural disaster, fire, flood, epidemic, war, civil unrest, industrial action, sustained failure of national electricity or telecommunications infrastructure, government action, or the failure of a third-party service provider.

The affected party must notify the other as soon as reasonably possible and take reasonable steps to limit the effect. Where such an event prevents access to a paid programme for more than 30 consecutive days, either party may cancel and we will refund the unused portion of the access period on a pro-rata basis.

This clause does not limit any right you have under the CPA.

If you have a complaint, please contact us first at ansuhuman@outoftheblocks.co.za. We will acknowledge your complaint within 5 business days and aim to resolve it within 15 business days.

If we cannot resolve it, you may refer the matter to:

or to any other body with jurisdiction, including a consumer court or the Information Regulator for privacy matters. You may approach a court where permitted, subject to any applicable procedural requirement to exhaust other remedies first.

We may update these terms when our programmes, systems, website or legal obligations change. The current version is published on our website with its version number and effective date.

Updates do not retrospectively alter the terms that applied to a purchase you have already completed. Where a change materially affects an active paid access period, we will notify you and you may cancel and receive a pro-rata refund for the unused portion if you do not accept it.

Severability. If any provision is found unenforceable, the rest of these terms continue to apply.

No waiver. If we do not enforce a right immediately, we do not lose it.

Cession. You may not transfer your rights under these terms without our written consent. We may cede our rights to a successor in title on written notice to you.

Whole agreement. These terms, together with the Privacy & POPIA Policy and Payment & Refund Terms — and, for schools, the applicable quotation or written agreement — form the whole agreement between us.

26.1 What we are always responsible for. Nothing in these terms limits or excludes our liability for death or personal injury caused by our own gross negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited under South African law, including under the CPA.

26.2 What we are not responsible for. Subject to clause 26.1, we are not liable for:

• injury, loss or damage arising from how an activity was selected, adapted, supervised or delivered by the adult responsible for it;
• injury, loss or damage arising from equipment, surfaces or environments not supplied by us;
• a decision to allow a child to take part in physical activity where professional guidance should have been obtained under clause 13;
• loss of profit, loss of business, loss of goodwill, loss of anticipated savings or any indirect or consequential loss;
• loss or corruption of data, except to the extent caused by our failure to take the security measures described in our Privacy & POPIA Policy;
• the acts, omissions, content, security or availability of a third-party service or an independent equipment supplier.

26.3 Cap. Subject to clause 26.1, our total liability to you arising out of or in connection with your purchase and use of a programme, whether in contract, delict or otherwise, is limited to the amount you paid to Out of the Blocks for that programme in the 12 months before the event giving rise to the claim.

26.4 Acknowledgement. You will be asked to acknowledge clauses 12, 13 and 26 by a separate action at checkout before your purchase is completed. We will keep a record of that acknowledgement.

These terms are governed by the laws of the Republic of South Africa.

You consent to the jurisdiction of the Magistrates' Court having jurisdiction over you in terms of section 45 of the Magistrates' Courts Act 32 of 1944, even where the claim exceeds that court's ordinary limit. This does not prevent either party from approaching a higher court where appropriate, and does not prevent you from using any consumer redress mechanism available to you.

Nothing in these terms prevents you from exercising any right or remedy available under South African law.

Questions about these terms, an account or a purchase:

ansuhuman@outoftheblocks.co.za

jpdowling@outoftheblocks.co.za

Telephone: +27 83 389 2153

91 Watergang Street, Aan de Weber Estate, Jamestown, Stellenbosch, Western Cape, 7440, South Africa