Terms and Conditions for Students
By registering for a course with GetSmarter, or by indicating your acceptance of this Agreement in any other way, you agree to these Terms and Conditions for Students.
What follows is a summary for your convenience and does not form part of the agreement between you and us. It is your responsibility to read the clauses referred to:
You are responsible for providing accurate information (clause 4.2)
You accept the provision regarding the course outcome (clause 4.5)
You agree to the terms of the operation of your Profile (clause 5)
You agree that we may send certain marketing communications and notices to you, but you can opt out of this if you elect to do so (clause 6.4.4)
Application of the CPA to this Agreement (clause 16.3)
Our liability in terms of this Agreement is limited (clause 17.1)
You indemnify us in certain circumstances in terms of this Agreement (clause 17.2)
1. Background to Agreement
1.1. The rights that you have to register for a course are set out in this Agreement. You can only register for a course if you agree to the terms of this Agreement.
1.2. If you do not agree, or do not have authority to enter into this Agreement, you may not register for a course.
The following words and phrases have these meanings in this Agreement:
2.2. “CPA” means the Consumer Protection Act No. 68 of 2008.
2.3. “Head Tutor” means the person employed by or appointed by us to interact with you to deliver part or all of the Course Content to you.
2.4. “Course Content” means written content, photographs, images, vectors, films, videos, animations or other audio / visual media offered in respect of a course in any way and using any medium, and includes portions and adaptations thereof.
2.5. “Course Coach” means the person employed by or appointed by us to interact with you to guide you through the course-presentation driving motivation and participation and providing you with any administrative assistance required.
2.6. “Course Fee” means the listed amount payable by you for your participation in a course.
2.7. “Database” means the collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
2.8. “GetSmarter Site” means the Internet website at URL www.getsmarter.co.za or another URL that we may use for these purposes, used to provide access to and participation in our courses, and includes reference to the hardware and Software operated together as a system to constitute the website.
2.9. “Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
2.10. “University” means a third party with whom we contract to assist us with the development of Course Content, and course materials.
2.11. “Permitted Use” means the way you are allowed to participate in a course in terms of this Agreement.
2.12. “Party” means you or us, as the context requires, and “parties” shall have a corresponding meaning.
2.13. “Personal Information” is as defined in the Protection of Personal Information Act 4 of 2013.
2.14. "Profile" means your account on the VLE Site and includes reference to your login credentials, and all information held by us that you can access via the VLE Site.
2.15. “Prohibited Use” means participation in a course that is not a Permitted Use and / or that is described as a prohibited use.
2.16. “Promo Code” means a code provided to you by us for use by you when you apply for registration for a course, and which code is subject to restrictions.
2.17. "Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
2.18. “Us”, “we” or “our” means GetEducated (Pty) Ltd t/a GetSmarter, a company in terms of the company laws of the Republic of South Africa with registration number 2013/058758/07, and also includes reference to our holding company and its subsidiaries.
2.19. “Use” in relation to the Course Content or materials means to reproduce, publish, perform, broadcast, transmit, adapt and / or create derivative works thereof.
2.20. “VAT” means value added tax payable in terms of the Value-Added Tax Act, No 89 of 1991, as amended.
2.21. “VLE Site” means the Internet website at vle.getsmarter.co.za which is the learner management system used to facilitate the interaction between you and us.
2.22. “Working Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
2.23. “You” or “your” refers to you, or any other person or entity that you have full legal authority to bind and on whose behalf you may be accepting this Agreement.
3.1. Acceptance. By registering for a course, or by indicating your acceptance of this Agreement in any other way, you agree to the terms of this Agreement.
3.2. Separate Agreements. This is not a master agreement: each time you register for a course, you enter into a separate Agreement for that course subject to the terms of this Agreement.
3.3. Conflict. If there is any conflict between the contents of this document and the contents of the relevant course for which you register or any other of the documents that make up the Agreement, then the provisions of this document will prevail.
3.4. Minors. If you are a minor, that is, less than 18 years of age, you must obtain the assistance of an adult who is responsible for you and is your guardian for you to enter into this Agreement.
4. Course Registration
4.1. Registration online. You must register for courses using the GetSmarter Site and you may not register for a course without agreeing to the terms of this Agreement.
4.2. Accurate information. All information or data of any nature whatsoever that you provide to us when you register for a course with us must be true, accurate, and complete.
4.3. Supporting documentation. The name you provide upon registration for a course must match formal documentation such as your identity document, passport or birth certificate, and you will be required to submit an electronic copy of formal identification, which reflects the name you provided upon registration. We reserve the right to require you to provide us with further proof of your identification in order for us to authenticate your identity.
4.4. Suitability of course. Prior to participating in any course offered by us, you must satisfy yourself as to the relevance and suitability of the course for your requirements, and confirm with any relevant industry or commercial body, should you require this, that the course meets the necessary requirements set out by the industry or commercial body.
4.5. No liability for course outcomes. We cannot be held liable should the successful completion of the course not meet specific industry or body standards. We cannot guarantee your suitability for a particular course based on the levels of difficulty. We cannot be held liable if after the completion of a course, you are not able to obtain employment or promotion within your chosen field of study, or otherwise.
4.6. Commencement of courses. You will only receive confirmation as being registered for a course, and be allowed access to the VLE, once you have made payment for the course in accordance with the payment plan you select.
4.7. Suspension for non-payment. If you select a payment plan, where this is permitted, and you fail to make payment as agreed, then we may remove you from the course or suspend your participation in the course In such cases you will lose access to the VLE Site and this will affect your learning activities until such time as the necessary payment has been made. If the course reaches its conclusion before you have made payment as agreed, you will be liable for the full amount owing on the course.
4.8. Reminders. We will contact you in relation to payment reminders by way of email, sms, telephone calls or other means as determined applicable.
4.9. Dispute. If there is a dispute between you and us relating to the payment of any Course Fee, or the way in which you use the VLE Site or the GetSmarter Site, we may at our sole discretion suspend your participation in the course for the period of the dispute.
5. Operation of Profile
5.1. Set-up of Profile. Upon registration for a course a Profile will be set up for you. If you already have a Profile, you will use your existing Profile for the new course.
5.2. Purpose You agree that your member name and password are for your use only and that you will not share this information with anyone else.
5.3. Unauthorised Use You agree and acknowledge that you will contact us immediately should you experience any unauthorised use of your Profile details.
5.4. Your Responsibility. You accept that you are responsible for the consequences of your use of your Profile, and for maintaining it and all information in it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your personal information. Although this is not a likely scenario, we want you to be aware of every effort we take on your behalf.
5.5.1. You will have access to your Profile by means of a username and password.
5.5.2. Access to the Profile will allow you to participate in courses and other facilities provide via the VLE Site, and make changes to your personal information.
5.5.3. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you re-gain access to your Profile.
5.5.4. If you are suspended from participation in a course we may suspend access to your Profile.
5.6. Use of Profile. You agree:
5.6.1. to use your Profile in accordance with the Acceptable Use Policy;
5.6.2. not to divulge your username or password to any other person; and
5.6.3. not to impersonate any other person in dealing with us, and particularly not to access the VLE Site using another user’s username and password.
5.7. Disputes. If there is a dispute as to which party has the right to operate a Profile, we may:
5.7.1. Deny access to the Profile pending the outcome of the dispute to our satisfaction, and / or
5.7.2. Transfer the Profile to the party claiming a right to it if we are satisfied that the Profile was registered on behalf of that party.
6. Personal Information
6.1. Information gathered from the VLE Site and the GetSmarter Site. Information gathered when you register on or visit the VLE Site and / or the GetSmarter Site may include your member name and password, name, surname, identity number, date of birth, postal and residential address, email address, internet protocol address and telephone numbers.
6.2. Use of Personal Information. We will not, in any way, disclose or sell any of the Personal Information provided by you to a third party not affiliated with us although we may use the information within our company, for amongst other things to improve the content and usability of the VLE Site and the GetSmarter Site. We will share your Personal Information with the University relevant to your course, if this is applicable to a course for which you register.
6.3. Unsubscribing from emails. We will use your Personal Information to provide you with customer service and in order to communicate with you regarding the course for which you are registered.
6.4. Disclosing of Personal Information. We may disclose your Personal Information to third party service providers who perform services on our behalf.
6.4.1. We may hire other companies to process payment, store data, host the VLE Site and the GetSmarter Site, and the like, and these third party service providers will be permitted to obtain only the Personal Information they need to provide the service and must protect your Personal Information to the same extent as we do.
6.4.2. We reserve the right to disclose your Personal Information if required or permitted to do so by law.
6.4.3. We have partners with whom we have close associations and who provide us with course content, and with whom we contract in order to assist us with the management and presentation of the courses we offer.
6.4.4. We may provide marketing communications and notices to you electronically by posting them on the VLE Site or, at our election, by sending an email to the email address you provided to us when you registered or downloaded our content. You may withdraw your consent to receive communications from us electronically by clicking on the opt-out link provided in our emails.
7. Course content and delivery
7.1. Language Format. Course Content is presented in English and all course material that is required for assessment purposes should be written by students in English. This includes posts made on the discussion forum.
7.2. Format of Courses. All courses are delivered entirely online by way of a virtual learning environment, and course-related documentation is provided in electronic format (e.g. PDF, MS Word) and can be accessed through our Site.
7.3. External websites. We are not responsible for technical support for any external websites. Courses that require you to use external websites do so to achieve the best learning outcomes for the students. You are required to contact the support services of the relevant external websites themselves. The Course Coach will advise you on where to seek the relevant support services.
7.4. Content format. Videos are provided in the majority of course modules. These videos act as tutorials for the topics covered in that module and are not compulsory, unless otherwise stipulated. You will need Adobe Flash Player installed to view the video lectures available in each module. If you are using a slower internet connection, attempting to view these videos may be difficult. Unless otherwise stipulated, you will not be penalised if you cannot watch the videos.
7.5. SMS from us. We may send you SMS notifications related to the content of the course, including reminders of assignments due by you or other information.
7.6. Devices. Our Course Content and method of delivery to you may not be fully compatible with all mobile devices, and therefore to participate effectively in our courses, you must have access to a desktop computer or a laptop computer. You will be required to meet the cost of internet access yourself and of any upgrades required to your desktop computer.
7.7. Head Tutor. The Head Tutor provides guidance on course content and academic related queries. Interaction with the Head Tutor is performed only on the discussion forum. Head Tutors will not be available for queries by telephone or email. Head Tutors will respond to queries on the discussion forum Monday – Friday, 8am – 5pm (South African time), and will endeavour to respond to queries within a 24-hour period.
7.8. Course Coach. Course-presentation based queries and administrative support services are attended to by the Course Coach from Monday – Friday, 8am – 5pm (South African time). The Course Coach is available for queries on the discussion forum as well as by email and telephone. The Course Coach will endeavour to respond to queries within a 24-hour period.
7.9. Technical support. The Technical Support team is available to handle any technical related queries that you may have during your experience on the course. Support is offered from the Technical Support Officer who is available for queries on the discussion forum as well as by email and telephone. The Technical Support Officer will endeavour to respond to queries within four working hours from Monday – Friday, 8am – 5pm (South African time).
7.10. Retention of Rights. Despite anything that may appear elsewhere in this Agreement:
7.10.1. All rights in and to the Course Content, including Intellectual Property Rights, are retained by us.
7.10.2. Nothing in this Agreement is to be interpreted as an assignment of any Intellectual Property Rights in the Course Content to you or to any third party.
7.10.3. We will own the Intellectual Property Rights to any adaptations made to the Course Content.
7.11. Enquiries. If you are not certain whether a proposed activity is a Permitted Use or a Prohibited Use, you should contact us using the contact details published on the VLE Site.
7.12. Entry Requirements. In order to complete the course you must have a current email account, access to a computer and stable internet connection as well as be familiar with the internet and computers including: how to read documents in Adobe PDF Reader, view PowerPoint presentations, and read and create documents in Microsoft Office. In addition to this, you will need to install Adobe Flash Player to view the video lectures available in each module.
7.13. Additional Requirements. Certain courses require additional software and resources, as stipulated by the course when you register and as communicated to you at the beginning of the course. You are required to obtain the necessary software and resources required. We are not responsible for providing these additional requirements.
7.14. Universities. Certain courses presented by us are approved by a University, and unless otherwise stipulated, are not accredited by that institution. Credits are therefore not awarded upon successful completion of the short course by the specific University.
7.15. Permitted Use. Permitted Use of Course Content:
7.15.1. Only you are allowed to participate in the course.
7.15.2. Any other uses that we approve in advance in writing.
7.16. Prohibited Use. You may not do anything with the Course Content that is not expressly described as a Permitted Use. For the avoidance of doubt the following are prohibited:
7.16.1. to the extent that Software is contained within the Course Content or anywhere on the VLE Site or on the GetSmarter Site, reverse engineer, decompile, or disassemble any part of such Software;
7.16.2. removal of any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Course Content (an example of this would be to edit the IPTC data);
7.16.3. sub-license, re-sell, rent, lend, assign, donate or otherwise transfer or distribute the Course Content or the rights granted under this Agreement;
7.16.4. make available copies of the Course Content on a network server or web server for Use by others; and
7.16.5. use, display or otherwise make available the Course Content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
8.1. Continuous Assessment. All courses are based on continuous assessment and there is no examination, unless stipulated as otherwise.
8.2. Modules. Modules may include assignments that count towards the final course result. The Head Tutor is required to assess your assignments within an allocated time period. During this time, you will be required to submit further assignments. Any queries related to your previous assignment that will affect the submission of your next assignment should be asked on the module discussion forum.
8.3. Graded courses. Graded courses are formally graded and are assessed by the Head Tutor. The Head Tutor allocates a grade for each assignment in accordance with the assessment criteria and procedure for allocation of marks.
8.4. Peer review. Peer review courses are not formally graded and are assessed through a peer review process. Unless the course requires that you be partnered with another person also participating in the specific course, the assignments completed will be randomly and anonymously allocated to a set of your fellow course participants for review. The Head Tutor, or assistant marker where appropriate, will also review each assignment and provide their expert advice and guidance.
8.5. Assignment submission. Assignments are due to be submitted on the date and time as indicated in the course calendar or as otherwise indicated by the Course Coach. The stipulated assignment submission times are South African based times. No late assignments will be accepted after the specified deadline, unless a late submission is granted by the Course Coach as outlined in section 8.6 below.
8.6. Late submission. Assignments submitted after the due date will only be accepted under the following circumstances:
8.6.1. If you are ill and consequently are unable to submit the assignment on time, you must notify the Course Coach in writing of your situation before the assignment due date. The Course Coach may in his or her discretion grant an extension (if applicable), provided that a medical certificate has been provided.
8.6.2. Should an emergency or a special circumstance arise, you must notify the Course Coach before the assignment is due. It will then be at our discretion to decide if the late assignment is allowed and whether a penalty is appropriate.
8.7. Going away. No allowances will be made if you go away on holiday or go away for work. The course dates are clearly provided on the information document that you agree to before the course starts. Therefore, it is your responsibility to ensure that you are able to complete the course by submitting your assignments on time. No allowances will be made under these circumstances.
8.8. Re-marks. For courses that are graded you may request in writing a re-mark of an assignment at any stage of the course. However, no re-marks will be considered after the final results have been released. Re-marks may result in an increase, decrease or no change to your mark. The cost of an assignment re-mark is R350 per assignment and must be requested in writing. All requests should be forwarded to the Course Coach and must be made before the final results have been released.
8.9. Assignment rewrites. Re-writes of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, re-writes provide an unfair advantage.
9. Final Results
9.1. Your final mark or completion status may be subject to an external examination. This process involves an external examiner reviewing the completed assignments or assessments and altering the results if required. After this process has been completed, you will be notified of the release of your final result on the VLE Site.
9.2. Withheld final result. If you have outstanding fees owing, your final result will be withheld until such time as your fees have been settled in full.
10.1. Refunds. Refunds for cancellation will be paid in the following circumstances:
10.1.1. Prior to course start date: You will receive a full refund to the extent payment has been made, less 10% administration fee of the listed course fee
10.1.2. Prior to halfway through the course: You will be held liable for 50% of the listed course fee.
10.1.3. After halfway through the course: If the course is more that 50% complete, you will be liable for the listed course fee.
10.2. The progress through the course is measured as number of weeks, or part thereof completed as a percentage of the total weeks in the course.
10.3. Insufficient demand. We reserve the right to cancel the course if there is insufficient demand. In this case, you will receive a full refund, but no interest will accrue on any such amounts refunded.
11. Deferred Registration
11.1. Written request. You may request in writing that your participation be deferred to the next scheduled presentation of the course. This request may be made before module 3 is made available to you in the third week of the course.
11.2 Deferral of participation in a course . If you wish to defer your participation from when a course is being presented, you will need to pay a fee of 25% of the full listed course fee and will also be liable for any increase on the course fees from when the course is scheduled to be presented to the next scheduled course date. The same fees apply to students wishing to defer who received complimentary participation.
11.3. No credit. Assignments which have been completed up until the date of the deferral will not be credited to you.
11.4. No guarantee. We do not guarantee that a particular course will be scheduled to be presented again at a future date. If you choose to delay your participation in a course, you do so at your own risk, and we will not refund to you any part of any course fees paid.
11.5. Limited deferral. You may defer from the current presentation of a course to the next available occurrence of the same course, and you may only do this once for a registration. If you subsequently fail to register for the following registration of the agreed upon course to which you have deferred, you will not be entitled to defer to a further occurrence of the same course, and you will not be entitled to a refund.
11.6. Deferral to other courses. If you defer to another course, which is different in content from the course from which you are deferring, before registration you will have to pay a fee of 25% of the full listed course fee (from which you are deferring) and will also be liable for the difference in fees between the course to which you are deferring (if any) and the one from which you have deferred; but you will not be refunded any amount if the course to which you are deferring is lower is cost. You will not be allowed the payment plan option, even if you chose that option with your initial registration.
12. Pricing, Payment & Delivery
12.1. Payment. You may pay the Course Fee only by credit card, electronic funds transfer or by way of direct deposit into a bank account nominated by us in writing. All payments will be made without deduction or set-off.
12.2. Tax Invoices in Electronic Format. If we send you an invoice, or any similar document, you consent to us issuing to you, and the receipt by you, of such invoice or document in electronic format.
12.3. Credit card payments. We will request your credit card number and billing address when you make a purchase. This information is processed securely by us.
12.4. Currency of Invoice. The price of courses is reflected in South African rands, and no other currency will be accepted as payment from you.
12.5. Bank Charges. Payments made from any country or jurisdiction which entails the levy of bank charges for payments made to us are liable for the bank charges associated with international transactions and you must make provision for this additional cost when making payment to us.
12.6. Payment reference. When making payment to us, you must ensure that your invoice number is reflected as a reference on your payment, and we will not be held liable if we are unable to locate your payment and as a result, you are suspended from participation in a course.
12.7. Payment of VAT. Unless the contrary is stated, all listed Course Fees are exempt from VAT.
12.8. Promo Codes. If you have been provided a Promo Code and you would like to make use of it to apply to your registration, you will have to indicate this where provided on the GetSmarter Site and do so before making payment. Should you make payment without utilising this Promo Code, it will fall away and you will not be entitled to a refund once payment has been received by us. You will also be bound by the conditions attached to the Promo Code.
13.1. Issue of Certificate. Certificates of completion are issued with your legal name if you successfully complete the course according to the stipulated requirements for award of certificate. No certificate will be issued if you do not meet the stipulated requirements for the award of certificate.
13.2. Graded courses. If a course is a graded course, a certificate of completion is awarded to students who achieve a final mark of 50% or higher.
13.3. Peer review courses. If a course is a peer review course, a certificate of completion will be awarded to you if you meet the compulsory minimum submission requirements.
13.4. Confirmation of address. Before receiving your final mark or completion status, you will have the opportunity to confirm your address for certificate or letter delivery. We cannot be held liable should you provide an incorrect address.
13.5. No graduation ceremonies. No graduation ceremonies are held to issue certificates. Certificates are couriered to you if you provide a street address located within a main area in South Africa. All certificates sent to a postal address within a South African regional or township area, or at an international location, are sent by registered mail through the South African Post Office.
13.6. Delivery date and time. We cannot guarantee the delivery date and time of a certificate.
13.7. Own risk. If you choose to nominate a third party to receive or collect your certificate on your behalf, this is at your own risk and we cannot be held liable for any loss or theft.
13.8. Returned certificates. If your certificate is returned to us, you will be contacted and informed of the return. Certificates returned to us due to being unclaimed by the designated recipient will be re-sent through the South African Post Office at your written request and cost.
13.9. Copy of certificates. We will issue one (1) hardcopy certificate only for successful course completion. We are not authorised to provide digital copies of certificates.
13.10. Fee for duplicates. A duplicate certificate will be issued at a fee where satisfactory evidence of destruction or irretrievable loss of the original is submitted. An affidavit to the effect that irretrievable loss has occurred, signed and attested before a Commissioner of Oaths, must accompany the application. The original affidavit must be sent to us and a third party cannot swear an oath on your behalf.
13.11. Certificates in storage. No duplicate certificate will be issued to you if your original certificate is in storage.
13.12. Certificate errors. Should you receive your certificate with a printing error you will be required to notify us, and return the erroneous certificate to us before an amended version will be issued to you. We cannot be held liable for printing errors resulting from incorrect information provided to us.
13.13. Withheld certificates. If you are eligible for the award of certificate, your certificate will be withheld under the following circumstances:
13.13.1. If you are under investigation for misconduct and such a matter has not been resolved, the award of certificate will be suspended until we have resolved the matter.
13.13.2. If you have outstanding fees owing, your certificate will be withheld until such time as your fees have been settled in full.
14.1. Definition. Plagiarism can be defined as the intentional or unintentional use of another's work without providing reasonable and appropriate credit to the author or source of the work. Plagiarism includes, but is not limited to, the use of another's words, ideas, opinions, theories or data.
14.2. Refraining from Plagiarism. You must refrain from dishonest conduct in completing your assignments and must not copy the work of fellow students or published sources, including from websites.
14.3. Declaration. Each assignment will include a plagiarism declaration, which must be submitted together with your assignment. You alone are accountable for your own work.
14.4. Reporting of Plagiarism. In addition, we may report to any applicable University, any instances of plagiarism in which you engage.
14.5. Plagiarism consequences. If a suspected case of plagiarism is identified in your work, you will be invited to respond and offer an explanation as to the suspected plagiarism. If you are found guilty of plagiarism, and wish to stay on the course you will receive 0 for the assessment(s) in question and be required to write a letter of explanation and apology to GetSmarter and the University as well as resubmit the assignment(s) in question. Where you have been found guilty of plagiarism we reserve the right in our sole discretion either: to issue you with a warning; impose a penalty on your assignment; and withhold the issuing of a certificate.
15. Warranties - General
15.1. Intellectual Property Rights Warranty. We warrant that in providing you with Course Content and course materials to you on the terms set out in this Agreement we are not infringing any third party’s Intellectual Property Rights.
15.2. Limited Warranty. Courses and their content are provided "as is” without representations or warranties of any kind, whether express or implied, in respect of thereof, and in particular makes no representations or warranties regarding the quality of the Course Content or the fitness of the Course Content for the purpose for which you acquired it.
15.3. CPA. If the CPA is applicable to this Agreement, the provisions of this Agreement or of this clause will not be interpreted so as to exclude your rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this Agreement, you will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in this Agreement or the aforementioned sections.
16. Limitation of Liability and Indemnity
16.1. Limitation of Liability. You agree that we will not be liable for any damages that you or any third party might suffer that relate to or arise from this Agreement, whether or not anyone anticipated or should have anticipated that the damages would occur. The excluded damages include direct damages, as well as indirect or consequential damages (such as loss of profits, business, goodwill, revenue or anticipated savings).
16.2. Indemnity. You agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from this Agreement.
16.2.1. This indemnity includes claims arising from use of your Profile that does not comply with clause 5, or if we transfer your profile to another person, or if another person accesses your profile without your consent.
16.2.2. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the scale as between attorney and own client and any additional legal costs.
17.1. Plagiarism. We may terminate your participation in any course in the event that you are found guilty of plagiarism. Plagiarism is deemed a breach of contract and no refunds will be issued should your participation be terminated.
17.2. Termination for Breach. If you commit any other material breach of this Agreement and fail to remedy the breach within 5 (five) Working Days after having received a written notice to do so, we may terminate this Agreement without further notice to you, and you will not be able to participate further in the course for which you have registered, and you will not be entitled to any refund of the Course Fee.
17.3. Right to Claim Damages. Termination of this Agreement will not affect our right to claim damages against you for breach of this Agreement and / or copyright infringement.
18.1. Arbitration. Any dispute between you and us arising out of or in connection with this Agreement will be submitted to confidential arbitration. The arbitration will be held in Cape Town (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.
18.2. Urgent relief. Nothing will restrict Our right to apply to a competent court for relief should Our Intellectual Property Rights be violated or threatened, and the parties consent to the jurisdiction of the Western Cape Division of the High Court of South Africa for such purposes.
18.3. CPA. If the CPA prevents Us from choosing which tribunal hears disputes with you, then this clause will not restrict you from approaching a tribunal as described in the CPA.
19. Force Majeure
19.1. Neither party will be liable for any delay in performing or any failure to perform any obligations under this Agreement due to any cause beyond their reasonable control, including but without being limited to any of the following: strikes, lock outs or other industrial action, sabotage, terrorism, civil commotion, riot, invasion, war, threat of or preparation for war, fire, explosion, failure of electrical supply, storm, flood, subsidence, epidemic or other natural physical disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport; any act or policy of any state or government or other authority having jurisdiction over either party, sanctions, boycott or embargo.
20. Interpretation & General
20.1. Whole Agreement. This Agreement is the whole of the agreement between the parties hereto, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
20.2. Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
20.3. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
20.4. No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
20.5. Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
20.6. Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
20.7. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.