Legal statement: Introduction
Published on 1 June 2021.This Eduvos website is published "as is" without any warranty of any kind, express or implied, as to the operation of our site, the accuracy of the information or the products or services referred to on the website and we shall not be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies in, or any omissions from, the information which it may contain. For the purpose of these terms of use, the user of the site is advised that such use of the website is carried out at their own risk and expense.
Copyright in all pages on this site is owned by Eduvos (Pty) Ltd or its licensors, except where otherwise indicated by a third party's proprietary notice. Images, trademarks, and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without the prior written permission of their respective owners. “Eduvos” is a registered trademark of Eduvos (Pty) Ltd, and accordingly protected under the laws of the Republic of South Africa.
Content and information provided by third parties other than Eduvos (Pty) Ltd will be identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness.
Eduvos accepts no responsibility for any content on the website (belonging to a third party who is in no way associated with Eduvos) to which a hypertext link from the Eduvos site exists, or for the Processing of Personal Information (as defined by the Protection of Personal Information Act 4 of 2013 (“POPI”)) by such a third party who operates such website. Any such links are provided "as is" with no warranty, express or implied, for the information provided within them.
This website uses cookies. Continuing to use this website gives consent to cookies being used. For more information see our:
1. Privacy Policy2. Cookie Policy
Terms of Use
This page (together with the documents referred to in it) informs you of the terms of use on which you may make use of our website (our "site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. Using our site indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not agree to these terms of use (or are not authorised to do so on behalf of your business or work), please refrain from using our site. If you use our site in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.1. INFORMATION ABOUT US
This site is operated by Eduvos (Pty) Ltd ("us", "we" and "our"). We are a registered Higher Education
services
provider, registered with the Department of Higher Education and Training as well as a registered
company in
accordance with the company laws of the Republic of South Africa, with registration number 1993/003838/07 or
44
Alsatian Road, Glen Austin Ext 3, Midrand, 1685, South Africa.
2. ACCESSING OUR SITE
- You acknowledge that the terms of use of this site are supported by reasonable and valuable consideration, the receipt and adequacy of which is acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the site and receipt of data, materials, and information available at or through our site. We recommend that you print and save a copy of these terms and conditions for your records.
- You may access most areas of our site without registering your details with us. Certain areas of the site may only open to you if you register. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
- Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We may change or delete the content or any features at any time, in any way, for any or no reason. We will not be liable if for any reason our site is unavailable at any time or for any period. We may in exceptional circumstances cease to publish the site, the site content or cease to provide subscription services. If we do so, then we will have no further obligation to you. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
- If you choose, or you are provided with, a user identification code, password or any other piece of information (hereinafter referred to as “User Information”) as part of our security procedures, you must treat such User Information as strictly confidential at all times, and you must not disclose it to any third party. We will assume that all actions taken on our site by a registered user will be that of such a user, this will apply even in the case where someone else uses your User Information to access the site. Upon the happening of an event as contemplated above, we may thereafter carry out such an instruction as if the instruction had been given by you. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. Should you fail, as a user, to keep any User Information and/or access details safe, you thereafter give up any claim for any loss or damage that you may suffer as a result of your failure to keep such information safe and secure.
- You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- You may not use or transact on this site or submit any content or information (including without limitation any personal information) unless you are 18 (eighteen) years of age or older or, if you are younger than 18 years, unless you have the necessary consent and/or assistance of your parent or legal guardian.
- All information, materials, functions, and other content contained on our site are our copyrighted property or the copyrighted property of our licensors or licensees. All such rights are reserved. All trademarks, service marks, trade names, and logos are proprietary to us and/or our licensors or licensees.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged in your use of our intellectual property rights.
- You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors (such consent to given at such parties sole and absolute discretion).
- If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made immediately upon demand.
- Except as set out above no part of our site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5. USER GENERATED CONTENT
- Our sites may include discussion forums and blogs that allow interaction between users and other users as well as with our staff (we call these "Forums"). We call the information posted to these forums or blogs by users "User Generated Content" or "UGC".
- If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on our site, so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting us a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on our site or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
- You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
- You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- not post, link to, or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- Not post, link to, or otherwise publish any UGC that is threatening, abusive, defamatory (or amounts to hate speech), indecent or otherwise unlawful.
- not disguise the origin of any UGC and not impersonate any person or entity (including our employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UGC unrelated to the Forum or the Forum's topic.
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy, or limit the functionality of our site or any computer software or equipment.
- not post or otherwise publish, collect, or store other users' personal data.
- not restrict or inhibit any other user from using the Forums.
- The Forums contain UGC submitted by users over whom we have no control so we cannot therefore guarantee the accuracy, integrity, or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue, or offensive.
- It is not possible for us to fully monitor all UGC published on our sites but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from our site and act accordingly. If you believe that any UGC published on our site infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us legal@eduvos.com.
6. OUR LIABILITY
- The material displayed on our site is provided without any guarantees, conditions, or warranties as
to its
accuracy. To the fullest extent permitted by law, we and third parties connected to us hereby
expressly
exclude:
- All conditions, warranties and other terms which might otherwise be implied by legislation, common law, or the law of equity.
- Any liability for any direct, indirect, or consequential loss or damage incurred by any user
in
connection with our site or in connection with the use, inability to use, or results of the
use of our
site, any websites linked to it and any materials posted on it, including, without
limitation any
liability for:
- loss of income or revenue.
- loss of business.
- loss of profits or contracts.
- loss of anticipated savings.
- loss of data.
- loss of goodwill.
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- Notwithstanding the above, nothing contained herein shall be interpreted in such a manner that would result in us being able to escape liability which in terms of any applicable legislation we are not entitled to escape such liability, for the sake of clarity in this regard this shall only refer to any loss directly attributed to the gross negligence or wilful conduct of any Eduvos employee, agent or representative.
- To the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these terms of website use or of our sites must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be deemed to have prescribed.
- Eduvos reserves the right to change qualification/ module names / content without prior notification. Any Programme and/or Module registered for shall be subject to demand (in regard to registered students), as a result Eduvos reserves the right to amend/cancel any Programme and/or Module selected in this Application Form in response to insufficient numbers of Students registering for such Programme and/or Module.
- We process information about you in accordance with applicable law (including but in no way limited to the Protection of Personal Information Act, 4 of 2013 (“POPI”) or any such data legislation that may become applicable from time to time) and our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. For your ease of reference the Eduvos privacy policy can be located here: our Privacy Policy.
- On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to such information on the applicable registration or subscription pages. We are entitled to rely on any information you provide to us.
- You are responsible for all use of our site made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
- If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or school) then you warrant that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
- You must not misuse our site by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful to our site. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association and/or partnership, approval or endorsement on our part where none exists.
- Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. JURISDICTION AND APPLICABLE LAW
- These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of the Republic of South Africa.
- Any dispute or claim shall be subject to the non-exclusive jurisdiction of the courts of South Africa although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- We make no representation that the site or the content on the site is appropriate or available for use in any particular location. If you choose to access our site, you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our
reasonable
control and includes (without limitation) the following:
- Strikes, lockouts, or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations, or restrictions of any government.
- Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing (including but not limited to the Electronic Communications and Transactions Act, 25 of 2002). This condition does not affect your statutory rights.
- All notices given by you to us must be in writing and addressed to Legal Counsel at 44 Alsatia Road Glen Austin Ext 3, Midrand, 1685, South Africa. A notice required to be given to us under these Terms of Website Use shall not be validly given if sent by e-mail. We may give notice to you at either the e-mail or postal address you provided us.
- Variations: We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
- Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Waiver: If we fail to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Interpretation: Headings in these conditions shall not affect their interpretation. Reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
- IMPORTANT NOTE The Application Terms and Conditions applies to both the “student” and the “person responsible for the account”, in so far as the Student’s Application to study at Eduvos for the Academic Intake as stated on the intake selection, and both these terms are used interchangeably throughout. Any reference to the student is meant to include the person responsible for the account, unless the context clearly indicates otherwise. If the student and the person responsible for the account is the same person, then the terms and conditions will apply in the same manner as when they are separate persons.
- The student and the person responsible for the account will accept and agree that:
-
1. Application
- This application is submitted with the knowledge and consent of the student’s natural guardian (only applicable to minor students.)
- Should the “First Choice” be unsuccessful, then the “Second Choice” will become applicable.
- Eduvos reserves the right to change any programme/ module names / content without prior notification. Any Programme and/or Module registered for, shall be subject to demand (in regard to registered students), as a result the Institute reserves the right to amend/cancel any programme and/or module selected in this Application Form in response to insufficient numbers of students registering for such programme and/or module.
- Eduvos reserves the right to change, modify or otherwise alter the academic programme fees at any time, provided that the student /person responsible for the account is provided 20 business days’ notice of such variation/ modification before such change /modification takes effect.
- Should the student’s final school-leaving results not meet Eduvos' degree-entry requirements, he/she will automatically be enrolled for the Pre- Degree Foundation Programme or Higher Certificate option as applicable, and the course fee will be automatically adjusted accordingly.
- 2. FEES
- The application fee of R300 is payable on submission of this application and is non-refundable, except in the case where Eduvos does not offer the course for which he or she has applied.
- Payment of the application fee (referred to in clause 2.1) will secure a place at Eduvos, provided that the student provides to Eduvos official confirmation of the Student having met the entrance requirements for qualification applied for and provided all personal information required to process their application.
- Foreign citizens: Please note for International students, a minimum of 30% Deposit of the Upfront Course Fee is required before enrollment can commence. A study permit and proof of medical aid, registered with the South African Council for Medical Schemes in terms of the Medical Schemes Act, 131 of 1998, (no less than 10-month membership) required on or before start date.
- 3. APPLICABLE LAW
- This application and the interpretation thereof will in all respects be governed by and construed under the laws of the Republic of South Africa.
- 4. CONSENT TO DO CREDIT CHECK
- As part of the admission process, Eduvos shall be required to obtain credit reports or other related information on the account holder, as may be deemed necessary. The purpose of the credit report is to assess the account holder’s financial means and ability to satisfy the financial obligations as set out in the Application. You hereby consent to Eduvos and/or any of its associates to process your personal information for the purposes relating to obtaining a credit report and authorize Eduvos to conduct credit inquiries and/or obtain credit reports in respect of your credit profile, as may be necessary, with the credit bureau of its choice. Such consent shall include consent to do fraud checks and checks with and reporting to the South African Fraud Prevention Service.
- Both the Student and/or Person responsible for the account agree that by providing their Personal Information (as may be required in terms of this document) same is provided to Eduvos for the purposes of concluding this Agreement as well as the Application Process, referred to above.
- Detailed description of services: Eduvos is a business in the private higher education industry that
offers
over 27 internationally recognised qualifications.
- Delivery policy: services will be delivered in accordance with Eduvos’ Conditions of Enrolment as
issued at
the time of enrolment.
- Refunds policy: the provision of services by Eduvos is subject to the Conditions of Enrolment as issued
at the
time of enrolment. In the case of cancellations, Eduvos will refund the Client as per the Conditions of
Enrolment.
- Customer privacy policy: Eduvos shall take all reasonable steps to protect the personal information of
users.
For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of
Access
to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569
- Payment options accepted: payment may be made via Visa or MasterCard credit cards or by bank transfer
into the
Eduvos bank account, the details of which will be provided on request. Debit orders are also available
as a
payment option.
- Credit card acquiring and security: credit card transactions will be acquired for Eduvos via PayGate
(Pty) Ltd
who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form
of
encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
Users may
go to www.paygate.co.za to view their security certificate and
security
policy.
- Customer details separate from card details: customer details will be stored by Eduvos separately from
card
details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
- Merchant Outlet country and transaction currency: the merchant outlet country at the time of presenting
payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
- Responsibility: Eduvos takes responsibility for all aspects relating to the transaction including sale
of
goods and services sold on this website, customer service and support, dispute resolution and delivery
of goods.
- Country of domicile: this website is governed by the laws of South Africa and Eduvos chooses as its
domicilium
citandi et executandi for all purposes under this agreement, whether in respect of court process,
notice, or
other documents or communication of whatsoever nature, 44 Alsatian Road, Glen Austin Ext 3, Midrand,
South
Africa.
- Variation: Eduvos may, in its sole discretion, change this agreement or any part thereof at any time
without
notice.
- Company information: this website is run by Eduvos (Pty) Ltd, based in South Africa, trading as Eduvos
and
with registration number 1993/003838/07.
- For support:
- E-mail: payments@eduvos.com
It is mandatory that all monthly payments are processed via a debit order transaction. A Debit order form can be downloaded from the below link, where your banking details shall be required:
- 16.2 I/We hereby authorise Eduvos to draw against my/our account (mentioned above) the monthly payment
due in accordance with this Agreement entered into in respect of the studies of the Student.
- 16.3 All such withdrawals from my/our account by Eduvos shall be treated as though they had been signed
by me/us personally. I/We hereby authorise Eduvos to issue and deliver payment instructions to its
banker for the collection against my/our abovementioned account at my/our abovementioned bank on
condition that the sum of such payment instructions will never exceed my/our obligations as set out in
this Agreement.
- 16.4 The individual payment instructions so authorised to be issued must be issued and delivered monthly
on or after the dates when the obligation in terms of this Agreement falls due, and the amount of each
individual payment instruction may not be more nor less than the obligation due, as agreed to in terms
of this Agreement.
- 16.5 I/We agree that the first payment instruction will be issued and delivered as per the terms of the
online link above. Subsequent payment instructions will continue to be delivered in terms of this
authority until the obligations in terms of the Agreement have been paid in full or until this authority
is cancelled by me/us by giving you notice in writing of not less than 30 days’ notice in writing sent
to Eduvos.
- 16.6 I/We agree to pay any bank charges relating to this debit order instruction.
- 16.7 It is specifically agreed that any reversal of funds or notice of insufficient funds being received
by Eduvos will be treated as a default in terms of this Agreement and will accordingly entitle Eduvos to
proceed in accordance with the terms and conditions as set out in this Agreement.
- 16.8 DEBICHECK: Eduvos will only debit the nominated debit account via the DebiCheck debit order process
if the DebiCheck mandate has been approved by the Bank Account Holder.
- 16.8.1 For DebiCheck mandates that are not responded to, a Registered Mandate Service (RMS) mandate may
be submitted for debit order collection.
- 16.8.2 When a DebiCheck is received from the bank where the nominated debit account is held, to
authorise Eduvos to debit your account for your monthly bill, the mandate will include a threshold
amount. If this threshold is exceeded, your bank will send you a DebiCheck amendment, which requires a
new threshold amount to be accepted by you, as your bill exceeds the current threshold amount. If the
threshold amount is exceeded, Eduvos may collect outstanding amounts via the normal EFT debit order
method.
- 16.8.3 A suspension or cancellation of a DebiCheck mandate in no way cancels this Agreement nor shall it
negate any of the provisions contained herein. For all once off payments and monies outstanding for
mandates that are cancelled or suspended, the normal EFT collections process will still apply.
- 16.9 MANDATE: By signing this Agreement, I/We acknowledge that all payment instructions issued by Eduvos
shall be processed via debit order and shall be treated by my/our abovementioned bank as if the
instructions had been issued by me/us personally.
- 16.10 CANCELLATION: I/We agree that although this authority and mandate may be cancelled by me/us, such
cancellation will not cancel this Agreement. I/We also understand that I/we cannot reclaim amounts,
which have been withdrawn from my/our account (paid) in terms of this authority and mandate if such
amounts were legally owing to Eduvos.
- Thank you for visiting our website!