Legal statement: IntroductionPublished on 1 June 2021.
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.
1. INFORMATION ABOUT USThis 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 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.
- 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).
- 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 email@example.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.
- 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
- 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.
- 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:
- 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.