Enrolment
Terms & Conditions

Enrolment
Terms &
Conditions

Contact Programmes:

* Please note that during COVID-19 and the regulations put in place by the National Disaster Management Act No.57 of 2002 amended from time to time and recommendations by the National Command Council which are implemented at all campuses, students will be required to follow all directives of the institute. Whilst every precaution is taken, the institute will not be responsible in respect of any liability arising out of any student becoming ill or suffering injury or death at any of the institutes campuses. Strict COVID-19 protocols will be in place and will need to be abided by all students. Students will be supported through a blended learning approach and you will require basic digital literacy skills (and computer skills as needed) and access to a device and data. Students registered for contact programmes may attend optional campus-based sessions which will be a limited number of students. Priority consideration will be given to at-risk of failing students.

Distance Programmes:

*Please note that for the distance mode of delivery, you will require your own data and device to access study content. Students can access ICESA assessment centres at various campuses to write exams or tests, where and when required and whist on the campuses of ICESA, strict COVID-19 protocols will be implemented at all campuses and all students will be obligated to follow such protocols including those regulations as per the National Disaster Management Act 57 of 2002.

1. INTERPRETATION AND DEFINITIONS
1.1. In this Agreement: –
1.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement, nor to modify nor amplify any of its provisions;
1.1.2. A reference to: –
1.1.2.1. The singular shall include the plural and vice versa;
1.1.2.2. A natural person shall include a juristic person and vice versa;
1.1.3. All the annexes hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;
1.1.4. Words and/or expressions defined in this Agreement shall bear the same meanings in any annexes hereto, which do not contain their own defined words and/or expressions;
1.1.5. Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;
1.1.6. Where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon the immediately preceding business day;
1.1.7. Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
1.1.8. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
1.1.9. Words and/or expressions defined in any particular clause in the body of this Agreement shall, bear the meaning so assigned to it throughout this Agreement;
1.1.10. The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
1.1.11. The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision
concerned and wherever the word “including” or “includes” is stated it shall not limit the interpretation thereof and shall be all inclusive;
1.1.12. The expiration or termination of this Agreement shall not affect such of its provisions as expressly, provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after
such expiration or termination.
1.2. In this Agreement, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1.2.1. “THIS AGREEMENT” – means collectively, this agreement and the annexes hereto;
1.2.2. “CONSUMER” – means the student/payer/surety/guarantor and/or third party/sponsor;
1.2.3. “ICESA” – means ICESA City Campus (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa, Registration Number: 1998/020539/07;
1.2.4. “FORCE MAJEURE” – means in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, any strike, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/payer/consumer and ICESA; and “Party” shall mean either one of them as the context requires;
1.2.6. “PORTFOLIO OF EVIDENCE” and “PoE”– means the portfolio containing the student’s examinations, assessments and tests;
1.2.7. “SIGNATURE DATE” – means the date upon which the Party signing last in time signs this Agreement.
1.2.8. “GUARANTOR” – means the guarantor and co-principal debtor in solidum.

2. ENROLMENT
2.1. The consumer acknowledges that this agreement shall only come into force once the enrolment form is duly completed and signed and accepted by ICESA, the correct documentation is attached and an invoice is issued to the student upon payment of the required registration fee and minimum required deposit. The student shall be provided with a copy of his/her enrolment contract reflecting the student number, which the student
acknowledges evidences his/her enrolment with ICESA.
2.2. Notwithstanding anything contained herein and more especially Clause 2.1 this agreement shall only come into effect immediately upon payment of the registration fee and minimum deposit. A student’s registration is only
effective upon submission of all requisite documents as per Clause 3.
2.3. Enrolment and/or registration of a programme shall be for the duration of the year of the programme for which the student has registered.

3. ACCOMPANYING DOCUMENTS
The following material must accompany this application, namely:
3.1. The original and certified copy (no older than three months) of the front page of student’s and payer/surety/guarantor/third party/sponsor’s (where applicable) valid identity document (if a South African citizen);
3.2. Certified copies of student’s study permit in the name of the institution at which he/she is studying and front page of valid passport (if not a South African citizen). The passport must be valid for a minimum period of 12 (twelve) months from date of registration;
3.3. Where applicable, original and certified copies of Matriculation (Grade 12) Certificate or equivalent, Grade 11 report, or School Leaver’s Certificate. If the student is awaiting matriculation results, these must be furnished as
soon as they become available; and in any event prior to commencement of the programme registered for;
3.4. Original and certified copies of Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to ICESA.

4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer hereto authorise/s ICESA to enquire from the employers of the person responsible for payment and including the employers of the consumer, the complete details of the salary of such person including the date on which the salary is paid and the amount thereof.
4.2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person who is responsible for payment or the date on which sufficient funds are available. If a payment fails via a Debit order or post-dated cheque, a R250.00 (two hundred and fifty rand) administration fee will be charged to the account of the consumer in addition to the fee charged by the bank/s in respect thereof.
4.3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorises ICESA to debit his/her account with the amount due on any date as ICESA may choose or when sufficient funds are available and/or to double debit his/her account and/or to include such other charges as may be applicable with the amounts due at the next debit order date or such other date as may be chosen by ICESA in terms hereof.
4.4. By his/her/their signature hereto the consumer/s hereto hereby consent to ICESA registering and obtaining credit bureau reports from time to time through any credit bureau or similar institution in order to ascertain the personal circumstances, credit history and credit worthiness and to supply details of defaults of the consumer hereto.
4.5. By his/her signature hereto the persons responsible or standing as guarantor for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises ICESA to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau or the like.
4.6. If a payment option other than full settlement is selected: the student/company/guarantor/surety/sponsor must submit FICA documents as follows:
4.6.1. Proof of income, being in respect of permanently employed persons, in the form of the original and certified copies of the 3 (three) most recent salary advice and 3 (three) months’ bank statements for self-employed
persons and;
4.6.2. Proof of residence.

5. TRANSFER PROCEDURE
5.1. Transfer from one ICESA Campus to another;
5.1.1. All tuition will be conducted at the preferred campus indicated on the face of this agreement, unless ICESA informs the student/consumer otherwise.
5.1.2. A student is entitled under certain circumstances to transfer his tuition to another ICESA campus. The consent to transfer shall be at the sole discretion of ICESA.
5.2. Transfer from one ICESA Programme to another;
5.2.1. Such transfer will be done only on the sole discretion of the Institution and will always be subject to the standards as set out in the Recognition of Prior Learning.
5.2.2 A student who wishes to transfer his/her enrolment from one ICESA programme to another, at the same campus and in the same academic year and/or quarter (whichever is applicable), may apply for permission to do so from ICESA within the first month of the current programme provided that not more than one month has elapsed since the commencement of the new programme to which he/she intends transferring.
5.2.3. Where the fees in respect of the programmes differ, the transfer shall be subject to a new affordability assessment by the consumer and ICESA’s approval of the affordability assessment and the transfer. In all such cases, the fee payable will be that of the programme carrying the higher fee, even if that happens to be the programme from which he/she is transferring. In addition to the higher tuition fee, the consumer will be charged the value of the notes/ books for the programme from which he/she or the student, as the case may be is transferring from, as well as those required for the programme to which he/she or the student is transferring to. The consumer/s must sign documents undertaking to make payment of the increased fee before any transfer can be approved.
5.2.4. In the case of a consumer transferring from any full-time computer programme to another, the consumer will in addition to clause 5.2.3 be charged a default administration fee in respect of computer and software costs.
5.2.5. A transfer is subject to space in the programme chosen to accommodate the consumer in addition, the consumer must qualify for transfer to such programme chosen.

6. DEFERRAL OF PROGRAMMES
6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to ICESA within 14 (fourteen) days of the start of the programme whereupon flexible study options may be considered at the sole discretion of ICESA. A deferral charge of 30% (thirty percent) of the original cost of the full programme to be deferred will be levied against the consumer as precondition to ICESA approving the application for the deferral.
6.2. The student is only permitted to defer their studies for the period from date of deferral until the commencement of the next semester in which the programme will be taught and only up to a maximum period of 1 (one) year.
6.3. The consumer shall forfeit any fees paid to the campus in respect of any application to defer subsequent to the period stipulated above.

7.2. The consumer shall only be exonerated from liability for the tuition fees (excluding the registration fee, default administration charges and the costs of notes/books, all which remain payable and non-refundable) provided that: ICESA is informed in writing no later than thirty (30) business days (in respect of full-time courses) and fifteen (15) business days (in respect of part-time courses), prior to the originally scheduled commencement date of the course.

7.2.1. Postponement of the commencement date of the course does not entitle the consumer to a refund.

7.3. The consumer must have received confirmation of receipt of such cancellation from ICESA for any cancellation to be effectively approved. It is the sole responsibility of the consumer to ensure that he/she has received such confirmation from ICESA, without which such cancellation whilst applied for is not effective/approved.

7.4. Should the consumer wish to cancel such registration and such cancellation is after the 4 (four) week (full-time), 2 (two) week (part-time) notice period required in terms of this contract then the consumer shall be liable to pay the reasonable cancellation costs that ICESA has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer hereby agrees to, by his/her signature hereto being the fixed costs of the programme.
7.5. However and at the sole discretion of ICESA, and in addition subject to the Parties reaching agreement on the relevant Terms and Conditions, full tuition value may be given instead in respect of registration for another programme offered by the campus, within the same academic year, to the consumer or (at the election of the consumer) to a member of his/her immediate family and subject to entrance requirements.
7.6. Once a consumer has commenced attending lectures the student may not cancel this agreement except as provided for herein.
7.7. Any consumer shall only be entitled to cancel under this clause up until 14 (fourteen) days after the release of their matric results, in respect of first year student’s whose eligibility for the course enrolled for is dependent upon
the results of their matric examinations, (save for exceptions made at the sole discretion of ICESA), whereafter any cancellation will not result in any reduction of the fees payable for the entire programme.
7.8. All cancellations are subject to approval by the ICESA Cancellation Committee and on such Terms and Conditions as it may determine. Cancellations will only be processed once a duly completed refund and cancellation form has been submitted to ICESA. Refund and cancellation forms may be obtained from ICESA at the nearest campus or by way of an email request and shall be subject to the cancellation terms and conditions as contained herein.
7.9. All part-time students are not allowed to cancel any programme after commencement and there will be no refund after the notice period stated above.
7.10. Refunds, if applicable, will take a minimum of 90 (ninety) days to be paid, from date of approval by the ICESA Cancellation Committee.

8. GENERAL
8.1. The consumer shall not, by reason of his/her failure to attend lectures, or failure to meet the requirements for successful completion of the course, be entitled to a reduction in fees, nor will it absolve the consumer from full
liability for the payment of the full fees and other charges.
8.2. Where an instalment payment plan has been entered into, the full outstanding fee becomes immediately payable in the event of any non-payment of a debit order, without notice to the consumer.
8.3. Should any payment which falls due not be made for a period of 1 (one) month then the consumer and/or the person responsible for payment hereby agrees and acknowledges that such consumer will be barred from attending lectures and campus and/or receiving any tuition material and/or tuition until such time as satisfactory arrangements have been made with ICESA that are acceptable to ICESA. ICESA reserves the right to exclude a student more than once from its campus as well as exclude them from exams.
8.4. No consensual or other cancellation of this contract shall be of any force or effect without the written confirmation from an authorised official (being a Student Services Manager or person of higher authority) of ICESA. For purposes of this clause only, written confirmation shall include electronic mail confirmation.
8.5. The consumer is hereby informed that no verbal agreements by any person shall be of force and effect unless the consumer has such cancellation confirmed in writing from the ICESA Cancellation Committee. The student by his/ her signature hereto is made aware of the provisions of this clause and hereby acknowledges acceptance thereof
8.6. The right to attend lectures and write exams is not transferable. Accordingly, the consumer shall attend all lectures in person and shall be the only person entitled to write examinations in respect of the subjects forming part of the ICESA programme for which the consumer has enrolled. Any attendance registers must be signed by the consumer himself/herself and under no circumstances will any other person be authorised to sign attendance for any student. Under no circumstances will ANY student be permitted to write exams if any amount is outstanding and the full fees and other amounts due under this contract are not paid in full prior to such exam.
8.7. The consumer accepts that ICESA shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. ICESA shall further have the right to alter timetables and exam dates and programme commencement dates at its own discretion.
8.8. The consumer hereby acknowledges and accepts that ICESA shall have the right at all times to vary the Terms and Conditions hereof. ICESA shall post such alterations and/or additions and/or variations on its website
(www.icesa.co.za) or in such other medium/media as it deems fit as soon as is practical in the circumstances. The consumer’s attention is drawn to the provisions hereof and the consumer undertakes to visit such website regularly to ensure that the consumer is fully informed of such.
8.9. ICESA shall have the right in its sole discretion, to postpone or cancel tuition in any programme initially advertised and offered, on the basis of insufficient demand. ICESA shall be entitled to combine classes of a similar academic level and content. In such event, the usual cancellation process as prescribed above shall be followed save and except to non-refundable registration fees.

9. PLAGIARISM
9.1. The consumer understands that submission of any academic work should be the intellectual work of the consumer. Should submission of any academic work not be that of the consumer, it will constitute fraud, which may result in the expulsion of the consumer.

10. PROMOTIONAL ITEMS
10.1. Any consumer who receives a promotional item as a result of this enrolment contract, hereby acknowledges that ICESA is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be, as well as the Terms and Conditions on the ICESA website. Any promotional item bearing the name, logo or likeliness of ICESA and/or its associated brands must only be utilized in a manner which upholds the reputation of ICESA and/or its associated brands.

10.2 Varsity Vibe Membership Terms and Conditions:

Items in these Terms and Conditions that are of importance or that carry a level of risk for you are in bold. Please pay special attention to these clauses and make sure you understand them. If you don’t understand something, please get us to explain it to you.

10.2.1 Definitions

(a) “Acceptance Date”means the date on which you accepted the Agreement, by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone;

(b) “Agreement”means the agreement concluded between you and VARSITY VIBE which agreement will be exclusively governed by these terms and conditions and the Privacy Policy and content submission terms;

(c) “Business Day”means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;

(c) “Business Hours”means the hours between 08h00 and 17h00 on a Business Day;

(d) “CPA”means the Consumer Protection Act, 2008;

(e) “ECT Act”means the Electronic Communications and Transactions Act, 2002;

(f) “VARSITY VIBE”, “we”, “us” and “our”means Varsity Vibe (Proprietary) Limited;

(g) “VARSITY VIBE Marks”means any trademarks, logos, brand names, trade names domain names or other names or marks of VARSITY VIBE whether registered or not;

(h) “Intellectual Property Rights”means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;

(i) “Juristic Person”means a company or close corporation and includes a body corporate, partnership, association or trust;

(j) “Legal Notices Website”means http://www.varsityvibe.co.za/legal;

(k) “Purchase Date”means the date upon which you complete your profile with Varsity Vibe and are entitled to discount offered via Varsity Vibe;

(l) “Third Party Service Provider”means a third party who provides services to Members via the Varsity Vibe website;

(m) “Service”means the membership to Varsity Vibe which will entitle you to obtain discounts and/or deals at participating merchants (subject to their own specific terms and conditions) for a period of 12 months from the Purchase Date;

(n)“Subscriber”, “you”or “Customer” means a user of any of our products or services;

(o) “Uncontrollable Event”means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of VARSITY VIBE including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service;

(p) “VAT”means Value Added Tax as provided for in the Value Added Tax Act, 1991; and

(q) “Website”means www.varsityvibe.co.za.

10.2.2. Commencement, Duration, Termination and Cooling-off

(a) The Agreement will commence on the Acceptance Date and endure for as long as you have a profile with Varsity Vibe until it is cancelled as provided for in this Agreement.

(b) This Agreement incorporates by reference the Website Terms and Conditions and Privacy Policy which have been made available to you on this website and which you undertake to read and understand. If you do not understand anything, please ask us to explain it to you.

(d) Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to VARSITY VIBE as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to VARSITY VIBE have been paid in full, and we will be entitled to terminate the agreement at any time

(e) If the Agreement results from any direct approach to you by VARSITY VIBE or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to VARSITY VIBE without reason or penalty within 5 (five) Business Days of –

1. in the case of services only being provided in terms of the Agreement – the Purchase Date; and

2. in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.

(f) For purposes of clause 2.5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.

10.2.3. Conditions of access

(a) VARSITY VIBE will make the Service available to you on the Purchase Date.

(b) You must be at least 16 (sixteen) years of age to access the Services. If you are under 16 years of age, you are not permitted to use the VARSITY VIBE Service. By using the Service, you confirm that you are at least 16 years of age. If you are 16 to 17 years of age, you may only sign up to the VARSITY VIBE Service with the consent of a parent or legal guardian.By using the service you confirm that you have such consent and that you shall abide by and comply with these Terms. If you are 18 years of age or over you confirm that you are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

(c) VARSITY VIBE will, where relevant, issue a username and password to you prior to the Acceptance Date in order to enable you to gain access to and/or use a service. In such instance, you will not be able to access and/or use a service without a user name and password.

(d) You agree that:

1. you will use your user name and password for your own personal use only;

2. you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;

3. in the event that your password is compromised, you will immediately notify VARSITY VIBE and change your password;

4. you, as the holder of the user name and password, acknowledge you are solely responsible for all payments in respect of a service charged to your VARSITY VIBE account, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your VARSITY VIBE account will be deemed to have arisen from (or relate to) your access to and/or use of a service;

5. you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;

6. VARSITY VIBE also offers a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us.

7. you will not, at any time, permit and/or initiate a simultaneous network log-in; and

8. you will not attempt to circumvent VARSITY VIBE’s user authentication processes or engage in attempts to access VARSITY VIBE’s network where not expressly authorised to do so

10.2.4. Service Delivery, Service Availability

(a) VARSITY VIBE will use reasonable endeavors to make its services available to its Members, and to maintain the availability thereof for use by its members. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.

(b) VARSITY VIBE will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but can not always guarantee this.

(c) Please note that all discounts are subject to availability and may be for a limited region or duration. Note further that the agreement for the taking up of the discount and the provision of the product or service in relation to such discount is between you and the merchant offering the discount.

(d) You will be required to have one of the devices listed on our Website and have the latest version of our mobile application installed in order to access the Services. Should you change devices or not have the latest version of the mobile application installed and as a result can no longer access the Services you will not be entitled to cancel the Services without incurring a penalty.

10.2.5. Communication and Dispute Resolution

(a) You agree that VARSITY VIBE may from time to time send you communications regarding (without being limited to) special offers or discounts which VARSITY VIBE may negotiate for and offer to its Members, operational changes that may affect the services and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.

(b) Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

(c) The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

(d) The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

10.2.6. Payment

(a) Billing will commence on the Purchase Date.

(b) You will pay the sum of R200 annually by means of online payment, cash or EFT in order to be a member and receive the Services;

(c) Please note that some discounts are offered for a limited time (the Discount Period) and should you join part way through a Discount Period, all discounts may not be available in the subsequent Discount Period. The annual cost will however remain the same.

(d) In the event your membership is cancelled for any reason, you will not be entitled to a pro rata refund. Please note that discounts are offered from January to December of each year (the Annual Period) and should you join part way through an Annual Period, all discounts may not be available in the subsequent Annual Period. The annual cost will however remain the same.

10.2.7. Privacy

(a) VARSITY VIBE will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our website and in compliance with all relevant laws.

(b) For member’s that have selected to opt for upgrading to Premium using the benefit afforded to them by Standard Bank, VARSITY VIBE may share your personal information with the Standard Bank Group for marketing purposes and they may then market their products, services and special offer to you.

10.2.8. Intellectual Property Rights

(a) You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.

(b) You are prohibited from using any VARSITY VIBE Marks without the prior written approval of VARSITY VIBE.

10.2.9. Breach

(a) Subject to any other provisions set out in these membership terms and conditions, should you be in breach of any provision of this Agreement, then VARSITY VIBE shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:

1. afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or

2. suspend your access to the Service; or

3. cancel all agreements concluded between us.

10.2.10. Indemnity

(a) You hereby unconditionally and irrevocably indemnify VARSITY VIBE and agree to indemnify and hold VARSITY VIBE harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by VARSITY VIBE as a result of any claim instituted against VARSITY VIBE by a third party (other than you) as a result of (without limitation):

1. your use of our Services other than as allowed or prescribed in the Agreement;

2. any other cause whatsoever relating to the Agreement or the provision of Services to you where you have acted wrongfully or failed to act when you had a duty to so act.

10.2.11. No representations, warranties or guarantees and Limitation of liability

(a) Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.

(b) Without limiting the generality of the provisions of clause 11.2, VARSITY VIBE shall not be liable for and you will have no claim of whatsoever nature against VARSITY VIBE as a result of

1. the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used;

2. any unavailability of, or interruption in the Service due to an Uncontrolled Event;

3. any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.

(c) In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, VARSITY VIBE shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that VARSITY VIBE is liable to you for any damages, VARSITY VIBE’s liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.

10.2.12. Cession and Delegation

(a) You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of VARSITY VIBE. VARSITY VIBE shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you provided that you are not unduly prejudiced as a result. “Affiliates” for this purpose includes VARSITY VIBE’s holding company, the holding company(ies) of VARSITY VIBE’s holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by VARSITY VIBE or are under common control with VARSITY VIBE.

10.2.13. Jurisdiction

(a) You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by VARSITY VIBE arising out of this Agreement, provided that VARSITY VIBE shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 5 above.

10.2.14. Amendment of this agreement

(a) VARSITY VIBE reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.

10.2.15. General

(a) The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.

(b) VARSITY VIBE is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and certain other information available to its Members who enter into electronic transactions with VARSITY VIBE. This information is available on the website.

(c) You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.

(d) No indulgence, leniency or extension of time which VARSITY VIBE may grant or show to you shall in any way prejudice VARSITY VIBE or preclude VARSITY VIBE from exercising any of its rights in the future.

(e) You warrant that as at the date of creation and acceptance all the details furnished by you to VARSITY VIBE are true and correct and that you will notify VARSITY VIBE in the event of any change to such details.

(f) All our terms and conditions can be accessed, stored, and reproduced electronically by you.

(g) The physical address where VARSITY VIBE will receive legal service of documents/ domicilium citandi et executandi is the following:
1. General Disclaimer

(a) Anyone may use any information presented on this website for non-commercial purposes, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgement that VARSITY VIBE is the source. If you choose to access and use any of the information made available to you on this site, you do so subject to these Website Terms and Conditions of Use and any specific terms that the owner or provider of that information has imposed on its use.

(b) Please take note of all Website Terms and Conditions of Use. Your use of this website implies an acceptance of the Website Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Website Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.

(c) VARSITY VIBE grants you a limited, revocable license to use this website subject to the Terms. The license is a personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Website Terms and Conditions of Use. Except for this limited license, we do not grant you any other rights or license with respect to this website.

(d) Unless we have granted you permission in advance and in writing, you may use the website only for your personal, non-commercial use, and not to provide services to a third party. Any person wishing to use this web site contrary to the Website Terms and Conditions of Use must obtain prior written consent from VARSITY VIBE.

(e) VARSITY VIBE makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. VARSITY VIBE assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore VARSITY VIBE reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting VARSITY VIBE or the owner or provider of the information to which the issue relates.

(f) Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are the sole property of or will vest in VARSITY VIBE or a third party licensor. All moral rights are reserved.

(g) VARSITY VIBE ’ logo and sub-logos, marks, and trade names are the trademarks of VARSITY VIBE and no person may use them without permission. Any other trademark or trade name that may appear on this web site or other marketing material of VARSITY VIBE is the property of its respective owner.

(h) You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment. If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.

(i) Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other websites on the part of VARSITY VIBE. VARSITY VIBE makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. VARSITY VIBE will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).

(j) While VARSITY VIBE makes every effort to ensure that any executable material available to be downloaded from VARSITY VIBE’ website is free of any virus, it cannot guarantee that the material is free from any or all viruses. VARSITY VIBE is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.

(k) You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

(l) The collection and retention of personal information by VARSITY VIBE through its website and through the registration process is subject to the terms of the VARSITY VIBE Privacy Policy currently in force and available for review on this website.

(m) Restrictions on Use of Website:

1. No person, business, or website may frame this website or any of the pages on this website, or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;

2. We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of VARSITY VIBE or suggests you are the owner of any intellectual property belonging to VARSITY VIBE.

3. Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this website.

4. You specifically may not:

(i) Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever;

(ii) Modify, translate into any language or computer language, or create derivative works from, any content or any part of this website;

(iii) Reverse engineer any part of this website;

(iv) Use the website other than to make legitimate reservations or bookings;

(v) Use the website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;

(vi) Disguise the information transmitted through the website;

(vii) Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;

(viii) Use any Service on behalf of anyone other than yourself;

(ix) Use or access the website in any way that, in our reasonable judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by VARSITY VIBE other website users;

(x) Upload or transmit to the website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our website, or appropriate the website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

(xi) Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment; or

(xii) disguise the origin of the information transmitted through the website.

(n) VARSITY VIBE reserves the right to monitor and record activity in the Service to the fullest extent permitted by applicable law and in accordance with our Privacy Policy. Engaging in a prohibited use of the Services may result in suspension or termination of your account (at our sole discretion), as well as civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

(o) All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by VARSITY VIBE and the information owners and providers.

(p) If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.

(q) No delay, neglect or forbearance on the part of VARSITY VIBE in enforcing any of their rights under the Website Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of VARSITY VIBE.

(r) If any of the Website Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Website Terms and Conditions of Use which will continue to be of full force and effect.

(s) All conditions and terms of use contained in this website are governed by South African law and you agree to submit to the non-exclusive jurisdiction of the courts of South Africa.

(t) No addition to or modification of any provision of these Website Terms and Conditions of Use will be binding on VARSITY VIBE unless made in writing and signed by their duly authorised representatives.

(u) VARSITY VIBE may modify, suspend, or discontinue providing this web site (with or without notice) and will not be liable.

11. LEGAL DECLARATION AND INDEMNITY

11.1. Neither ICESA nor any official employee or representative of ICESA acting in his/her capacity as such shall be liable for any damages, contingent or otherwise arising out of:
11.1.1. The death, bodily harm, loss of health or illness of any customer caused; and
11.1.2. The destruction of and/or damage and/or loss and/or theft of any property owned by or in the custody of any customer, howsoever caused.
11.1.3. Any negligence or oversight on the part of such employee, during the course of its performance of their duties and functions, more especially in the event that any award is made to the consumer erroneously.
11.2. The consumer hereby indemnifies ICESA against any claim made (whether for damages, costs or otherwise) against ICESA in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student).
11.3. The consumer by his/her signature hereto hereby confirms that he/she is fully aware of the type of programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of programmes and that he/ she has fully understood the programme/award/qualification and/or credits awarded in respect of the programme that he/she registers for and is indeed the programme that he/she wants to register for and that no representations have been made other than those contained in the official prospectus or on the enrolment form and fact sheet.
11.4. The consumer hereby indemnifies ICESA City Campus (PTY) LTD against any claim arising from any circumstances in whatsoever manner and/or form. The consumer is further aware of the fact sheet in respect of the programme enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme registered for.
11.5. By their signature hereto and on the fact sheet, the consumer irrevocably indemnifies ICESA against any claim, contingent or otherwise and he/she shall remain bound by the representation contained in such fact sheet. The consumer is obliged to keep updated on programme outcomes and qualifications at all times.

12. PROTECTION OF PERSONAL INFORMATION
12.1. The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’).
12.2. The consumer hereby authorises ICESA or any other authorised member of the management team to use, review and process any personal information provided to ICESA and to use same in the manner that ICESA sees fit.
12.3. The persons signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their
personal information, and hereby give their consent to ICESA to collect, process and distribute relevant personal information where ICESA is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to ICESA sharing same.
12.4. The persons signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmission and use by ICESA.
12.5. The consumer hereby consents to ICESA obtaining, using and disclosing his/her personal information, when necessary, as follows:
(a) To provide the materials to the consumer and otherwise perform our obligations and enforce our rights under this Agreement;
(b) To use the information provided to inform the student about ICESA’s other programmes, products or services that may be of interest to him/her;
(c) To share the consumer’s information with companies in our group, (associated companies and third parties) to enable them to inform the consumer of other products or services that may be of interest to him/her; and
(d) To hand over to attorneys and debt collection agencies, if the consumer is in breach of this agreement.
12.6. The consumer hereby acknowledges and agrees to ICESA using and disclosing his/her personal information where either directly or indirectly required to do so in terms of such laws or orders of court, or where requested to do so by certain Government organisations or for record keeping and statistical purposes.

13. DOMICILIUM CITANDI ET EXECUTANDI
13.1. The student/payer and/or the third party choose the address as disclosed on the face of this agreement as your, the payer’s and/or the third party’s domicilium citandi et executandi for all purposes arising from this agreement including, but not limited to service of notices, delivery of programme materials and/or legal processes.
13.2. ICESA chooses as it domiclium citandi et executandi for the purposes of service of all legal notices and processes 57 Underwood Road, Pinetown, 3610

15. RULES AND REGULATIONS
15.1. The consumer by his/her signature hereto hereby acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she attends and acknowledges that he/she can be disciplined in terms thereof.
15.2. The consumer further acknowledges that right of admission to any of ICESA’s campuses is strictly reserved and ICESA may, at its own discretion refuse admittance to any consumer.
15.3. The consumer agrees and acknowledges that he/she shall be subject to ICESA’s disciplinary code for a breach of any of the Terms and Conditions herein and/or the Rules and Regulations as established by ICESA.

16. ENTIRE CONTRACT
16.1. The Terms and Conditions contained herein as well as the terms contained on the ICESA website (www.icesa.co.za) shall be the entire contract between the consumer and ICESA. No variation or alteration hereof shall be of any force and effect unless reduced to writing and signed by both parties in ink and by hand.

Matric School Terms and Conditions:
1. INTERPRETATION AND DEFINITIONS
1.1. In this Agreement: –
1.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement, nor to modify nor amplify any of its provisions;
1.1.2. A reference to: –
1.1.2.1. The singular shall include the plural and vice versa;
1.1.2.2. A natural person shall include a juristic person and vice versa;
1.1.3. All the annexes hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;
1.1.4. Words and/or expressions defined in this Agreement shall bear the same meanings in any annexes hereto, which do not contain their own defined words and/or expressions;
1.1.5. Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;
1.1.6. Where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon the immediately preceding business day;
1.1.7. Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
1.1.8. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
1.1.9. Words and/or expressions defined in any particular clause in the body of this Agreement shall, bear the meaning so assigned to it throughout this Agreement;
1.1.10. The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
1.1.11. The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned and wherever the word “including” or “includes” is stated it shall not limit the interpretation thereof and shall be all inclusive;
1.1.12. The expiration or termination of this Agreement shall not affect such of its provisions as expressly, provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination.
1.2. In this Agreement, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1.2.1. THIS AGREEMENT” – means collectively, this agreement and the annexes hereto;
1.2.2. “CONSUMER” – means the student/payer/surety/guarantor and/or third party/sponsor;
1.2.3. “ICESA MATRIC SCHOOL” – means Icesa City Campus (Pty) Ltd, Registration Number: 1998/020539/07, and/or Icesa Campus PMB, Registration Number: 2001/005167/07, as the case may be, both companies incorporated in accordance with the laws of the Republic of South Africa;
1.2.4. “FORCE MAJEURE” – means in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, any strike, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/payer/consumer and ICESA MATRIC SCHOOL; and “Party” shall mean either one of them as the context requires;
1.2.6. “PORTFOLIO OF EVIDENCE” and “PoE”– means the portfolio containing the student’s examinations, assessments and tests;
1.2.7. “SIGNATURE DATE” – means the date upon which the Party signing last in time signs this Agreement.
1.2.8. “GUARANTOR” – means the guarantor and co-principal debtor in solidum.

2. ENROLMENT
2.1. The consumer acknowledges that this agreement shall only come into force once the enrolment form is duly completed and signed and accepted by ICESA MATRIC SCHOOL, the correct documentation is attached and an invoice is issued to the student upon payment of the required registration fee and minimum required deposit. The student shall be provided with a copy of his/her enrolment contract reflecting the student number, which the student acknowledges evidences his/her enrolment with ICESA MATRIC SCHOOL.
2.2. Notwithstanding anything contained herein and more especially Clause 2.1 this agreement shall only come into effect immediately upon payment of the registration fee and minimum deposit. A student’s registration is only effective upon submission of all requisite documents as per Clause 3.
2.3. Enrolment and/or registration of a programme shall be for the duration of the year of the programme for which the student has registered.

4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer hereto authorise/s ICESA MATRIC SCHOOL to enquire from the employers of the person responsible for payment and including the employers of the consumer, the complete details of the salary of such person including the date on which the salary is paid and the amount thereof.
4.2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person who is responsible for payment or the date on which sufficient funds are available. If a payment fails via a Debit order or post-dated cheque, a R250.00 (two hundred and fifty rand) administration fee will be charged to the account of the consumer in addition to the fee charged by the bank/s in respect thereof.
4.3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorises ICESA MATRIC SCHOOL to debit his/her account with the amount due on any date as ICESA MATRIC SCHOOL may choose or when sufficient funds are available and/or to double debit his/her account and/or to include such other charges as may be applicable with the amounts due at the next debit order date or such other date as may be chosen by ICESA MATRIC SCHOOL in terms hereof.
4.4. By his/her/their signature hereto the consumer/s hereto hereby consent to ICESA MATRIC SCHOOL registering and obtaining credit bureau reports from time to time through any credit bureau or similar institution in order to ascertain the personal circumstances, credit history and credit worthiness and to supply details of defaults of the consumer hereto.
4.5. By his/her signature hereto the persons responsible or standing as guarantor for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises ICESA MATRIC SCHOOL to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau or the like.
4.6. If a payment option other than full settlement is selected: the student/company/guarantor/surety/sponsor must submit FICA documents as follows:
4.6.1. Proof of income, being in respect of permanently employed persons, in the form of the original and certified copies of the 3 (three) most recent salary advice and 3 (three) months’ bank statements for self-employed persons and;
4.6.2. Proof of residence.

5. TRANSFER PROCEDURE
5.1. Transfer from one ICESA MATRIC SCHOOL Campus to another;
5.1.1. All tuition will be conducted at the preferred campus indicated on the face of this agreement, unless ICESA MATRIC SCHOOL informs the student/consumer otherwise.
5.1.2. A student is entitled under certain circumstances to transfer his tuition to another ICESA MATRIC SCHOOL campus. The consent to transfer shall be at the sole discretion of ICESA MATRIC SCHOOL.
5.2. Transfer from one ICESA MATRIC SCHOOL Programme to another;
5.2.1. Such transfer will be done only on the sole discretion of the Institution and will always be subject to the standards as set out in the Recognition of Prior Learning.
5.2.2. A student who wishes to transfer his/her enrolment from one ICESA MATRIC SCHOOL programme to another, at the same campus and in the same academic year and/or quarter (whichever is applicable), may apply for permission to do so from ICESA MATRIC SCHOOL within the first month of the current programme provided that not more than one month has elapsed since the commencement of the new programme to which he/she intends transferring.
5.2.3. Where the fees in respect of the programmes differ, the transfer shall be subject to a new affordability assessment by the consumer and ICESA MATRIC SCHOOL’s approval of the affordability assessment and the transfer. In all such cases, the fee payable will be that of the programme carrying the higher fee, even if that happens to be the programme from which he/she is transferring. In addition to the higher tuition fee, the consumer will be charged the value of the notes/books for the programme from which he/she or the student, as the case may be is transferring from, as well as those required for the programme to which he/she or the student is transferring to. The consumer/s must sign documents undertaking to make payment of the increased fee before any transfer can be approved.
5.2.4. In the case of a consumer transferring from any full-time computer programme to another, the consumer will in addition to clause 5.2.3 be charged a default administration fee in respect of computer and software costs.
5.2.5. A transfer is subject to space in the programme chosen to accommodate the consumer in addition, the consumer must qualify for transfer to such programme chosen.

6. DEFERRAL OF PROGRAMMES
6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to ICESA MATRIC SCHOOL within 14 (fourteen) days of the start of the programme whereupon flexible study options may be considered at the sole discretion of ICESA MATRIC SCHOOL. A deferral charge of 30% (thirty percent) of the original cost of the full programme to be deferred will be levied against the consumer as precondition to ICESA MATRIC SCHOOL approving the application for the deferral.
6.2. The student is only permitted to defer their studies for the period from date of deferral until the commencement of the next semester in which the programme will be taught and only up to a maximum period of 1 (one) year.
6.3. The consumer shall forfeit any fees paid to the campus in respect of any application to defer subsequent to the period stipulated above.

7. CANCELLATION
7.1. If the consumer registered in an academic year wishes to cancel their enrolment for that year, the following conditions shall apply:
7.1.1. In respect of one year programmes and other programmes, excluding short/skills and/or provider/certificate courses: A student may cancel his/her enrolment for the current academic year of study as a whole by completing the cancellation form together with the necessary supporting documents.
7.1.2. In respect of full-time and part-time studies: a consumer may cancel his/her enrolment by completing a cancellation form and return this together with the necessary supporting documents.
7.2. The consumer shall only be exonerated from liability for the tuition fees (but excluding the registration fee and the cost of notes/books, both of which remain payable and non-refundable and in addition to any default administration charges which ICESA MATRIC SCHOOL will be entitled to levy) provided that: ICESA MATRIC SCHOOL is informed in writing no later than 4 (four) weeks (full-time) and 2 (two) weeks (part-time) prior to the commencement of the academic year/programme in question.
7.3. The consumer must have received confirmation of receipt of such cancellation from ICESA MATRIC SCHOOL for any cancellation to be effectively approved. It is the sole responsibility of the consumer to ensure that he/she has received such confirmation from ICESA MATRIC SCHOOL, without which such cancellation whilst applied for is not effective/approved.
7.4. Should the consumer wish to cancel such registration and such cancellation is after the 4 (four) week (full-time), 2 (two) week (part-time) notice period required in terms of this contract then the consumer shall be liable to pay the reasonable cancellation costs that ICESA MATRIC SCHOOL has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer hereby agrees to, by his/her signature hereto being the fixed costs of the programme.
7.5. However and at the sole discretion of ICESA MATRIC SCHOOL, and in addition subject to the Parties reaching agreement on the relevant Terms and Conditions, full tuition value may be given instead in respect of registration for another programme offered by the campus, within the same academic year, to the consumer or (at the election of the consumer) to a member of his/her immediate family and subject to entrance requirements.
7.6. Once a consumer has commenced attending lectures the student may not cancel this agreement except as provided for herein.
7.7. Any consumer shall only be entitled to cancel under this clause up until 14 (fourteen) days after the release of their matric results, in respect of first year student’s whose eligibility for the course enrolled for is dependent upon the results of their matric examinations, (save for exceptions made at the sole discretion of ICESA MATRIC SCHOOL), whereafter any cancellation will not result in any reduction of the fees payable for the entire programme.
7.8. All cancellations are subject to approval by the ICESA MATRIC SCHOOL Cancellation Committee and on such Terms and Conditions as it may determine. Cancellations will only be processed once a duly completed refund and cancellation form has been submitted to ICESA MATRIC SCHOOL. Refund and cancellation forms may be obtained from ICESA MATRIC SCHOOL at the nearest campus or by way of an email request and shall be subject to the cancellation terms and conditions as contained herein.
7.9. All part-time students are not allowed to cancel any programme after commencement and there will be no refund after the notice period stated above.
7.10. Refunds, if applicable, will take a minimum of 90 (ninety) days to be paid, from date of approval by the ICESA MATRIC SCHOOL Cancellation Committee.
7.11. In the event that the student is expelled, suspended, or this agreement cancelled for any other disciplinary related matter, the consumer shall remain liable for all outstanding fees due.

8.GENERAL
8.1. The consumer shall not, by reason of his/her failure to attend lectures, or failure to meet the requirements for successful completion of the course, be entitled to a reduction in fees, nor will it absolve the consumer from full liability for the payment of the full fees and other charges.
8.2. Where an instalment payment plan has been entered into, the full outstanding fee becomes immediately payable in the event of any non-payment of a debit order, without notice to the consumer.
8.3. Should any payment which falls due not be made for a period of 1 (one) month then the consumer and/or the person responsible for payment hereby agrees and acknowledges that such consumer will be barred from attending lectures and campus and/or receiving any tuition material and/or tuition until such time as satisfactory arrangements have been made with ICESA MATRIC SCHOOL that are acceptable to ICESA MATRIC SCHOOL. ICESA MATRIC SCHOOL reserves the right to exclude a student more than once from its campus as well as exclude them from exams.
8.4.No consensual or other cancellation of this contract shall be of any force or effect without the written confirmation from an authorised official (being a Student Services Manager or person of higher authority) of ICESA MATRIC SCHOOL. For purposes of this clause only, written confirmation shall include electronic mail confirmation.
8.5. The consumer is hereby informed that no verbal agreements by any person shall be of force and effect unless the consumer has such cancellation confirmed in writing from the ICESA MATRIC SCHOOL Cancellation Committee. The student by his/her signature hereto is made aware of the provisions of this clause and hereby acknowledges acceptance thereof
8.6. The right to attend lectures and write exams is not transferable. Accordingly, the consumer shall attend all lectures in person and shall be the only person entitled to write examinations in respect of the subjects forming part of the ICESA MATRIC SCHOOL programme for which the consumer has enrolled. Any attendance registers must be signed by the consumer himself/herself and under no circumstances will any other person be authorised to sign attendance for any student. Under no circumstances will ANY student be permitted to write exams if any amount is outstanding and the full fees and other amounts due under this contract are not paid in full prior to such exam.
8.7. The consumer accepts that ICESA MATRIC SCHOOL shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. ICESA MATRIC SCHOOL shall further have the right to alter timetables and exam dates and programme commencement dates at its own discretion.
8.8. The consumer hereby acknowledges and accepts that ICESA MATRIC SCHOOL shall have the right at all times to vary the Terms and Conditions hereof. ICESA MATRIC SCHOOL shall post such alterations and/or additions and/or variations on its website (www.icesa.co.za) or in such other medium/media as it deems fit as soon as is practical in the circumstances. The consumer’s attention is drawn to the provisions hereof and the consumer undertakes to visit such website regularly to ensure that the consumer is fully informed of such.
8.9. ICESA MATRIC SCHOOL shall have the right in its sole discretion, to postpone or cancel tuition in any programme initially advertised and offered, on the basis of insufficient demand. ICESA MATRIC SCHOOL shall be entitled to combine classes of a similar academic level and content. In such event, the usual cancellation process as prescribed above shall be followed save and except to non-refundable registration fees.

10. PROMOTIONAL ITEMS
10.1. Any consumer who receives a promotional item as a result of this enrolment contract, hereby acknowledges that ICESA MATRIC SCHOOL is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be, as well as the Terms and Conditions on the ICESA MATRIC SCHOOL website. Any promotional item bearing the name, logo or likeliness of ICESA MATRIC SCHOOL and/or its associated brands must only be utilized in a manner which upholds the reputation of ICESA MATRIC SCHOOL and/or its associated brands.

11. LEGAL DECLARATION AND INDEMNITY
11.1. Neither ICESA MATRIC SCHOOL nor any official employee or representative of ICESA MATRIC SCHOOL acting in his/her capacity as such shall be liable for any damages, contingent or otherwise arising out of:
11.1.1. The death, bodily harm, loss of health or illness of any customer caused; and
11.1.2. The destruction of and/or damage and/or loss and/or theft of any property owned by or in the custody of any customer, howsoever caused.
11.1.3. Any negligence or oversight on the part of such employee, during the course of its performance of their duties and functions, more especially in the event that any award is made to the consumer erroneously.
11.2. The consumer hereby indemnifies ICESA MATRIC SCHOOL against any claim made (whether for damages, costs or otherwise) against ICESA MATRIC SCHOOL in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student).
11.3. The consumer by his/her signature hereto hereby confirms that he/she is fully aware of the type of programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of programmes and that he/she has fully understood the programme/award/qualification and/or credits awarded in respect of the programme that he/she registers for and is indeed the programme that he/she wants to register for and that no representations have been made other than those contained in the official prospectus or on the enrolment form and fact sheet.
11.4. The consumer hereby indemnifies ICESA MATRIC SCHOOL City Campus (PTY) LTD against any claim arising from any circumstances in whatsoever manner and/or form. The consumer is further aware of the fact sheet in respect of the programme enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme registered for.
11.5. By their signature hereto and on the fact sheet, the consumer irrevocably indemnifies ICESA MATRIC SCHOOL against any claim, contingent or otherwise and he/she shall remain bound by the representation contained in such fact sheet. The consumer is obliged to keep updated on programme outcomes and qualifications at all times.

12. PROTECTION OF PERSONAL INFORMATION
12.1. The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’).
12.2. The consumer hereby authorises ICESA MATRIC SCHOOL or any other authorised member of the management team to use, review and process any personal information provided to ICESA MATRIC SCHOOL and to use same in the manner that ICESA MATRIC SCHOOL sees fit.
12.3. The persons signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their personal information, and hereby give their consent to ICESA MATRIC SCHOOL to collect, process and distribute relevant personal information where ICESA MATRIC SCHOOL is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to ICESA MATRIC SCHOOL sharing same.
12.4. The persons signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmission and use by ICESA MATRIC SCHOOL.
12.5. The consumer hereby consents to ICESA MATRIC SCHOOL obtaining, using and disclosing his/her personal information, when necessary, as follows:
(a) To provide the materials to the consumer and otherwise perform our obligations and enforce our rights under this Agreement;
(b) To use the information provided to inform the student about ICESA MATRIC SCHOOL’s other programmes, products or services that may be of interest to him/her;
(c) To share the consumer’s information with companies in our group, (associated companies and third parties) to enable them to inform the consumer of other products or services that may be of interest to him/her; and
(d) To hand over to attorneys and debt collection agencies, if the consumer is in breach of this agreement.
12.6. The consumer hereby acknowledges and agrees to ICESA MATRIC SCHOOL using and disclosing his/her personal information where either directly or indirectly required to do so in terms of such laws or orders of court, or where requested to do so by certain Government organisations or for record keeping and statistical purposes.

13. DOMICILIUM CITANDI ET EXECUTANDI
13.1. The student/payer and/or the third party choose the address as disclosed on the face of this agreement as your, the payer’s and/or the third party’s domicilium citandi et executandi for all purposes arising from this agreement including, but not limited to service of notices, delivery of programme materials and/or legal processes.
13.2. ICESA MATRIC SCHOOL chooses as it domiclium citandi et executandi for the purposes of service of all legal notices and processes 57 Underwood Road, Pinetown, 3610.

14. BREACH AND TERMINATION
14.1. In the event of the consumer committing a material breach, including but not limited to non-payment of fees, dishonesty, violence, drugs, etc, which shall not require a notice of a breach, alternatively of any of the terms of this Agreement and failing to remedy such breach within a period of 7 (seven) business days after receipt of a written notice from ICESA MATRIC SCHOOL calling upon the defaulting party to remedy the breach complained of then:
14.1.1. ICESA MATRIC SCHOOL shall be entitled at its sole discretion without prejudice to any of its other rights in law, either:
14.1.1.1. To claim specific performance of the terms of this Agreement; and/or
14.1.1.2. To cancel this Agreement forthwith; and/or
14.1.1.3. Claim and recover damages from the student/consumer.
15. RULES AND REGULATIONS
15.1. The consumer by his/her signature hereto hereby acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she attends and acknowledges that he/she can be disciplined in terms thereof.
15.2. The consumer further acknowledges that right of admission to any of ICESA MATRIC SCHOOL’s campuses is strictly reserved and ICESA MATRIC SCHOOL may, at its own discretion refuse admittance to any consumer.
15.3. The consumer agrees and acknowledges that he/she shall be subject to ICESA MATRIC SCHOOL’s disciplinary code for a breach of any of the Terms and Conditions herein and/or the Rules and Regulations as established by ICESA MATRIC SCHOOL.
16. ENTIRE CONTRACT
16.1. The Terms and Conditions contained herein as well as the terms contained on the ICESA MATRIC SCHOOL website (www.icesa.co.za) shall be the entire contract between the consumer and ICESA MATRIC SCHOOL. No variation or alteration hereof shall be of any force and effect unless reduced to writing and signed by both parties in ink and by hand.
MLA Terms and Conditions:
1. INTERPRETATION AND DEFINITIONS
1.1. In this Agreement: –
1.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement, nor to modify nor amplify any of its provisions;
1.1.2. A reference to: –
1.1.2.1. The singular shall include the plural and vice versa;
1.1.2.2. A natural person shall include a juristic person and vice versa;
1.1.3. All the annexes hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;
1.1.4. Words and/or expressions defined in this Agreement shall bear the same meanings in any annexes hereto, which do not contain their own defined words and/or expressions;
1.1.5. Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;
1.1.6. Where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon the immediately preceding business day;
1.1.7. Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
1.1.8. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
1.1.9. Words and/or expressions defined in any particular clause in the body of this Agreement shall, bear the meaning so assigned to it throughout this Agreement;
1.1.10. The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
1.1.11. The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned and wherever the word “including” or “includes” is stated it shall not limit the interpretation thereof and shall be all inclusive;
1.1.12. The expiration or termination of this Agreement shall not affect such of its provisions as expressly, provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination.
1.2. In this Agreement, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1.2.1. “THIS AGREEMENT” – means collectively, this agreement and the annexes hereto;
1.2.2. “CONSUMER” – means the student/payer/surety/guarantor and/or third party/sponsor;
1.2.3. “Management and Leadership Academy” – means Management and Leadership Academy (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa, Registration Number: 2005/032848/07;
1.2.4. “FORCE MAJEURE” – means in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, any strike, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/payer/consumer and Management and Leadership Academy; and “Party” shall mean either one of them as the context requires;
1.2.6. “PORTFOLIO OF EVIDENCE” and “PoE”– means the portfolio containing the student’s examinations, assessments and tests;
1.2.7. “SIGNATURE DATE” – means the date upon which the Party signing last in time signs this Agreement.
1.2.8. “GUARANTOR” – means the guarantor and co-principal debtor in solidum.

2. ENROLMENT
2.1. The consumer acknowledges that this agreement shall only come into force once the enrolment form is duly completed and signed and accepted by Management and Leadership Academy, the correct documentation is attached and an invoice is issued to the student upon payment of the required registration fee and minimum required deposit. The student shall be provided with a copy of his/her enrolment contract reflecting the student number, which the student acknowledges evidences his/her enrolment with Management and Leadership Academy.
2.2. Notwithstanding anything contained herein and more especially Clause 2.1 this agreement shall only come into effect immediately upon payment of the registration fee and minimum deposit. A student’s registration is only effective upon submission of all requisite documents as per Clause 3.
2.3. Enrolment and/or registration of a programme shall be for the duration of the year of the programme for which the student has registered.

3. ACCOMPANYING DOCUMENTS
The following material must accompany this application, namely:
3.1. The original and certified copy (no older than three months) of the front page of student’s and payer/surety/guarantor/third party/sponsor’s (where applicable) valid identity document (if a South African citizen);
3.2. Certified copies of student’s study permit in the name of the institution at which he/she is studying and front page of valid passport (if not a South African citizen). The passport must be valid for a minimum period of 12 (twelve) months from date of registration;
3.3. Where applicable, original and certified copies of Matriculation (Grade 12) Certificate or equivalent, Grade 11 report, or School Leaver’s Certificate. If the student is awaiting matriculation results, these must be furnished as soon as they become available; and in any event prior to commencement of the programme registered for;
3.4. Original and certified copies of Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to Management and Leadership Academy.

4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer hereto authorise/s Management and Leadership Academy to enquire from the employers of the person responsible for payment and including the employers of the consumer, the complete details of the salary of such person including the date on which the salary is paid and the amount thereof.
4.2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person who is responsible for payment or the date on which sufficient funds are available. If a payment fails via a Debit order or post-dated cheque, a R250.00 (two hundred and fifty rand) administration fee will be charged to the account of the consumer in addition to the fee charged by the bank/s in respect thereof.
4.3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorises Management and Leadership Academy to debit his/her account with the amount due on any date as Management and Leadership Academy may choose or when sufficient funds are available and/or to double debit his/her account and/or to include such other charges as may be applicable with the amounts due at the next debit order date or such other date as may be chosen by Management and Leadership Academy in terms hereof.
4.4. By his/her/their signature hereto the consumer/s hereto hereby consent to Management and Leadership Academy registering and obtaining credit bureau reports from time to time through any credit bureau or similar institution in order to ascertain the personal circumstances, credit history and credit worthiness and to supply details of defaults of the consumer hereto.
4.5. By his/her signature hereto the persons responsible or standing as guarantor for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises Management and Leadership Academy to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau or the like.
4.6. If a payment option other than full settlement is selected: the student/company/guarantor/surety/sponsor must submit FICA documents as follows:
4.6.1. Proof of income, being in respect of permanently employed persons, in the form of the original and certified copies of the 3 (three) most recent salary advice and 3 (three) months’ bank statements for self-employed persons and;
4.6.2. Proof of residence.

5. TRANSFER PROCEDURE
5.1. Transfer from one Management and Leadership Academy Campus to another;
5.1.1. All tuition will be conducted at the preferred campus indicated on the face of this agreement, unless Management and Leadership Academy informs the student/consumer otherwise.
5.1.2. A student is entitled under certain circumstances to transfer his tuition to another Management and Leadership Academy campus. The consent to transfer shall be at the sole discretion of Management and Leadership Academy.
5.2. Transfer from one Management and Leadership Academy Programme to another;
5.2.1. Such transfer will be done only on the sole discretion of the Institution and will always be subject to the standards as set out in the Recognition of Prior Learning.
5.2.2. A student who wishes to transfer his/her enrolment from one Management and Leadership Academy programme to another, at the same campus and in the same academic year and/or quarter (whichever is applicable), may apply for permission to do so from Management and Leadership Academy within the first month of the current programme provided that not more than one month has elapsed since the commencement of the new programme to which he/she intends transferring.
5.2.3. Where the fees in respect of the programmes differ, the transfer shall be subject to a new affordability assessment by the consumer and Management and Leadership Academy’s approval of the affordability assessment and the transfer. In all such cases, the fee payable will be that of the programme carrying the higher fee, even if that happens to be the programme from which he/she is transferring. In addition to the higher tuition fee, the consumer will be charged the value of the notes/books for the programme from which he/she or the student, as the case may be is transferring from, as well as those required for the programme to which he/she or the student is transferring to. The consumer/s must sign documents undertaking to make payment of the increased fee before any transfer can be approved.
5.2.4. In the case of a consumer transferring from any full-time computer programme to another, the consumer will in addition to clause

6. DEFERRAL OF PROGRAMMES
6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to Management and Leadership Academy within 14 (fourteen) days of the start of the programme whereupon flexible study options may be considered at the sole discretion of Management and Leadership Academy. A deferral charge of 30% (thirty percent) of the original cost of the full programme to be deferred will be levied against the consumer as precondition to Management and Leadership Academy approving the application for the deferral.
6.2. The student is only permitted to defer their studies for the period from date of deferral until the commencement of the next semester in which the programme will be taught and only up to a maximum period of 1 (one) year.
6.3. The consumer shall forfeit any fees paid to the campus in respect of any application to defer subsequent to the period stipulated above.

7. CANCELLATION
7.1. If the consumer registered in an academic year wishes to cancel their enrolment for that year, the following conditions shall apply:
7.1.1. In respect of one year programmes and other programmes, excluding short/skills and/or provider/certificate courses: A student may cancel his/her enrolment for the current academic year of study as a whole by completing the cancellation form together with the necessary supporting documents.
7.1.2. In respect of full-time and part-time studies: a consumer may cancel his/her enrolment by completing a cancellation form and return this together with the necessary supporting documents.
7.2. The consumer shall only be exonerated from liability for the tuition fees (but excluding the registration fee and the cost of notes/books, both of which remain payable and non-refundable and in addition to any default administration charges which Management and Leadership Academy will be entitled to levy) provided that: Management and Leadership Academy is informed in writing no later than 4 (four) weeks (full-time) and 2 (two) weeks (part-time) prior to the commencement of the academic year/programme in question.
7.3. The consumer must have received confirmation of receipt of such cancellation from Management and Leadership Academy for any cancellation to be effectively approved. It is the sole responsibility of the consumer to ensure that he/she has received such confirmation from Management and Leadership Academy, without which such cancellation whilst applied for is not effective/approved.
7.4. Should the consumer wish to cancel such registration and such cancellation is after the 4 (four) week (full-time), 2 (two) week (part-time) notice period required in terms of this contract then the consumer shall be liable to pay the reasonable cancellation costs that Management and Leadership Academy has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer hereby agrees to, by his/her signature hereto being the fixed costs of the programme.
7.5. However and at the sole discretion of Management and Leadership Academy, and in addition subject to the Parties reaching agreement on the relevant Terms and Conditions, full tuition value may be given instead in respect of registration for another programme offered by the campus, within the same academic year, to the consumer or (at the election of the consumer) to a member of his/her immediate family and subject to entrance requirements.
7.6. Once a consumer has commenced attending lectures the student may not cancel this agreement except as provided for herein.
7.7. Any consumer shall only be entitled to cancel under this clause up until 14 (fourteen) days after the release of their matric results, in respect of first year student’s whose eligibility for the course enrolled for is dependent upon the results of their matric examinations, (save for exceptions made at the sole discretion of Management and Leadership Academy), whereafter any cancellation will not result in any reduction of the fees payable for the entire programme.
7.8. All cancellations are subject to approval by the Management and Leadership Academy Cancellation Committee and on such Terms and Conditions as it may determine. Cancellations will only be processed once a duly completed refund and cancellation form has been submitted to Management and Leadership Academy. Refund and cancellation forms may be obtained from Management and Leadership Academy at the nearest campus or by way of an email request and shall be subject to the cancellation terms and conditions as contained herein.
7.9. All part-time students are not allowed to cancel any programme after commencement and there will be no refund after the notice period stated above.
7.10. Refunds, if applicable, will take a minimum of 90 (ninety) days to be paid, from date of approval by the Management and Leadership Academy Cancellation Committee.

10. PROMOTIONAL ITEMS
10.1. Any consumer who receives a promotional item as a result of this enrolment contract, hereby acknowledges that Management and Leadership Academy is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be, as well as the Terms and Conditions on the Management and Leadership Academy website. Any promotional item bearing the name, logo or likeliness of Management and Leadership Academy and/or its associated brands must only be utilized in a manner which upholds the reputation of Management and Leadership Academy and/or its associated brands.

11. LEGAL DECLARATION AND INDEMNITY
11.1. Neither Management and Leadership Academy nor any official employee or representative of Management and Leadership Academy acting in his/her capacity as such shall be liable for any damages, contingent or otherwise arising out of:
11.1.1. The death, bodily harm, loss of health or illness of any customer caused; and
11.1.2. The destruction of and/or damage and/or loss and/or theft of any property owned by or in the custody of any customer, howsoever caused.
11.1.3. Any negligence or oversight on the part of such employee, during the course of its performance of their duties and functions, more especially in the event that any award is made to the consumer erroneously.
11.2. The consumer hereby indemnifies Management and Leadership Academy against any claim made (whether for damages, costs or otherwise) against Management and Leadership Academy in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student).
11.3. The consumer by his/her signature hereto hereby confirms that he/she is fully aware of the type of programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of programmes and that he/ she has fully understood the programme/award/qualification and/or credits awarded in respect of the programme that he/she registers for and is indeed the programme that he/she wants to register for and that no representations have been made other than those contained in the official prospectus or on the enrolment form and fact sheet.
11.4. The consumer hereby indemnifies Management and Leadership Academy (PTY) LTD against any claim arising from any circumstances in whatsoever manner and/or form. The consumer is further aware of the fact sheet in respect of the programme enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme registered for.
11.5. By their signature hereto and on the fact sheet, the consumer irrevocably indemnifies Management and Leadership Academy against any claim, contingent or otherwise and he/she shall remain bound by the representation contained in such fact sheet. The consumer is obliged to keep updated on programme outcomes and qualifications at all times.

12. PROTECTION OF PERSONAL INFORMATION
12.1. The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’).
12.2. The consumer hereby authorises Management and Leadership Academy or any other authorised member of the management team to use, review and process any personal information provided to Management and Leadership Academy and to use same in the manner that Management and Leadership Academy sees fit.
12.3. The persons signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their personal information, and hereby give their consent to Management and Leadership Academy to collect, process and distribute relevant personal information where Management and Leadership Academy is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to Management and Leadership Academy sharing same.
12.4. The persons signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmission and use by Management and Leadership Academy.
12.5. The consumer hereby consents to Management and Leadership Academy obtaining, using and disclosing his/her personal information, when necessary, as follows:
(a) To provide the materials to the consumer and otherwise perform our obligations and enforce our rights under this Agreement;
(b) To use the information provided to inform the student about Management and Leadership Academy’s other programmes, products or services that may be of interest to him/her;
(c) To share the consumer’s information with companies in our group, (associated companies and third parties) to enable them to inform the consumer of other products or services that may be of interest to him/her; and
(d) To hand over to attorneys and debt collection agencies, if the consumer is in breach of this agreement.
12.6.The consumer hereby acknowledges and agrees to Management and Leadership Academy using and disclosing his/her personal information where either directly or indirectly required to do so in terms of such laws or orders of court, or where requested to do so by certain Government organisations or for record keeping and statistical purposes.

13. DOMICILIUM CITANDI ET EXECUTANDI
13.1. The student/payer and/or the third party choose the address as disclosed on the face of this agreement as your, the payer’s and/or the third party’s domicilium citandi et executandi for all purposes arising from this agreement including, but not limited to service of notices, delivery of programme materials and/or legal processes.
13.2. Management and Leadership Academy chooses as it domiclium citandi et executandi for the purposes of service of all legal notices and processes 57 Underwood Road, Pinetown, 3610.

15. RULES AND REGULATIONS
15.1. The consumer by his/her signature hereto hereby acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she attends and acknowledges that he/she can be disciplined in terms thereof.
15.2. The consumer further acknowledges that right of admission to any of Management and Leadership Academy’s campuses is strictly reserved and Management and Leadership Academy may, at its own discretion refuse admittance to any consumer.
15.3. The consumer agrees and acknowledges that he/she shall be subject to Management and Leadership Academy’s disciplinary code for a breach of any of the Terms and Conditions herein and/or the Rules and Regulations as established by Management and Leadership Academy.

16. ENTIRE CONTRACT
16.1. The Terms and Conditions contained herein as well as the terms contained on the Management and Leadership Academy website (www.icesa.co.za) shall be the entire contract between the consumer and Management and Leadership Academy. No variation or alteration hereof shall be of any force and effect unless reduced to writing and signed by both parties in ink and by hand

Enrolment
Terms & Conditions