This document sets out the terms and conditions upon which MetaVarsity (Pty) Ltd (Registration number: 2006/009484/07) (“MetaVarsity”) agrees to accept you (“the Attendee”) as a student on the MetaVarsity programme. By signing these terms, you acknowledge that you have read, fully understood them, have had the opportunity of obtaining legal advice and accepted all of the terms herein.
1. BOOKING COURSES
1.1. The Attendee may apply to attend a course offered by MetaVarsity (“the Course”).
1.2. MetaVarsity reserves the right to refuse the Attendee’s application to attend a Course or to cancel the Course for any reason in its sole discretion, including there being an insufficient number of attendees for the Course.
1.3. MetaVarsity reserves the right to amend the Course, the Course schedule or price in its sole discretion.
2. TUITION FEES
2.1. Payment terms in respect of tuition fees for the Course are as follow:
2.1.1. Where the Course is a Premium Tutorial Group course, the Attendee shall make a registration deposit of R900.00 (nine hundred Rand) in order to reserve a place on the Course. The deposit is not refundable, unless the programme is cancelled by MetaVarsity or registration is withdrawn by the learner at least 30 days prior to classes commencing.
2.1.2. The full balance of tuition fees is payable on registration or in instalments payable before the end of every month over the duration of the course. Instalments may be paid by debit order only, and subject to credit approval as per clause 3.
2.2. All payments will be made into a South African bank account nominated by MetaVarsity for that purpose.
2.3. All payments shall be free of any bank fees or deductions.
2.4. In the event of payments not being made in accordance with the above, MetaVarsity reserves the right to remove and replace the Attendee from the Course, restrict access to the campus, or withhold assessment results. In this instance, the Attendee shall forfeit the non-refundable deposit referred to in 2.1.1 above or any amounts paid by the Attendee and the remaining relevant terms herein shall continue to apply.
2.5. Interest may be charged on any outstanding amounts at the maximum permitted amount above the prevailing prime overdraft rate, as charged by Standard Bank on all overdue accounts.
2.6. When payment of any amounts due to MetaVarsity are made, the Attendee shall ensure that the bank transfer/deposit slip are provided to MetaVarsity for the purposes of confirming the Attendee’s reservation.
3. CREDIT APPROVAL
3.1. By completing and submitting the registration form, the Attendee authorises MetaVarsity to access any information available to assess his or her application and also gives MetaVarsity permission to conduct a credit check with any credit bureau or third party. The Attendee further waives any claims he or she may have against MetaVarsity in respect of such disclosures.
3.2. MetaVarsity reserves the right to decline an Attendee’s application if it does not comply with the MetaVarsity credit policy or meet MetaVarsity’s credit granting criteria.
4. CANCELLATION
4.1. In the event of the Course being cancelled through no fault of the Attendee, the Attendee shall be entitled to a refund of all payments made to MetaVarsity.
4.2. In the event of the Attendee cancelling his/her attendance at the Course (where the Course is a Premium Tutorial Group course):
4.2.1. more than 30 (thirty) days before the course commencing, the deposit will be refundable.
4.2.2. less than 30 (thirty) days of the course commencing, the deposit is non-refundable.
4.2.3. after the Course has commenced, the deposit is non-refundable and full fees are payable unless deferral of studies is approved as per clause 5.
4.2.4. if deferral of studies is approved, the deposit will be held over until the commencement of the next course. Should studies be further deferred by the learner, the deposit will be forfeited and full fees shall be payable.
4.3. In the event of the Attendee cancelling his/her attendance at the Course (where the Course is not a Premium Tutorial Group course):
4.3.1. more than 30 (thirty) days before the course commencing, any amounts paid by the Attendee will be refundable;
4.3.2. less than 30 (thirty) days or less of the course commencing, any amounts paid by the Attendee are non-refundable;
4.3.3. after the course has commenced, any amounts paid by the Attendee are non-refundable and full fees are payable unless deferral of studies is approved as per clause 5;
4.3.4. if deferral of studies is approved, any amounts paid by the Attendee will be held over until the commencement of the next course. Should studies be further deferred by the learner, any amounts paid by the Attendee will be forfeited and full fees shall be payable.
4.4. The bookings are for individual Attendees and cannot be transferred or ceded without MetaVarsity’s consent.
4.5. Any cancellation should be made in writing and submitted to the Curriculum Manager.
5. DEFFERAL
An Attendee wishing to defer studies, may make application in writing to the Curriculum Manager within 14 (fourteen) days of the start of the Course, whereupon flexible study options may be considered, at the sole discretion of MetaVarsity.
6. COURSE TRANSFER
Transfers between tutorial groups will not be allowed. MetaVarsity however reserves the right to consider a transfer from one Course to another. Should a transfer be granted an administration fee of R240.00 (two hundred and forty Rand) shall be payable by the Attendee.
7. COURSE DETAILS
7.1. MetaVarsity shall provide the Attendee with details in respect of the requirements for the Course which shall include provisions relating to:
7.1.1. competence assessment prerequisites for registration;
7.1.2. diagnostic and formative assessment;
7.1.3. summative assessment;
7.1.4. competence requirements and processes; and
7.1.5. class and home development exercises.
7.2. Where an Attendee fails to meet the requirements or submit all required exercises within 12 (twelve) months of the tutorial group start date the Attendee may:
7.2.1. re-register for the Course subject to payment of a fee of R250.00 (two hundred and fifty Rand) per module for every month required to complete the Course requirements;
7.2.2. request time with a course facilitator to assist the Attendee, subject to payment of a fee of R180.00 (one hundred and eighty Rand) per hour, which amount shall be payable to the course facilitator.
7.3. MetaVarsity reserves the right to select and, at any time, change the venue for the Course. MetaVarsity will endeavour to consult with all parties in the event of a change in venue.
7.4. MetaVarsity will provide the Attendee with a timetable for the Course, but reserves the right to change dates and times without notice. MetaVarsity will endeavour to consult with attendees in the event of a change of Course dates and times.
8. ONLINE PAYMENT AND PRIVACY
8.1. Payment may be made via Visa or MasterCard credit cards. Credit card transactions will be acquired for MetaVarsity by PayGate Proprietary Limited (“PayGate”) who are an approved payment gateway for Standard Bank of South Africa. PayGate use SSL3 and no credit card details are stored on the website.
8.2. Users may go to www.paygate.co.za to view their security certificate and security policy. Card holder details will be stored by MetaVarsity separately from card details, which are entered on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
8.3. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand.
8.4. MetaVarsity shall take all reasonable steps to protect the personal information of users. For the purposes of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
9. COURSE MATERIALS
9.1. Where applicable, Course materials and products will be provided to the Attendee by MetaVarsity.
9.2. The provision of materials, product services by MetaVarsity is subject to availability. In cases of unavailability, MetaVarsity will refund the client in full within 30 (thirty) days.
9.3. MetaVarsity is not obliged to exchange materials or products unless:
9.3.1. the Attendee has received the incorrect product or material;
9.3.2. any part of the product or material is defective, broken or damaged; or
9.3.3. an item is missing.
9.4. Should the Attendee require an exchange of materials or products the Attendee shall contact MetaVarsity by email within 14 (fourteen) days of receiving the materials or product to make the necessary arrangements.
9.5. The Attendee shall return the original incorrect or damaged product or material to MetaVarsity within 14 (fourteen) days of the e-mail to MetaVarsity.
9.6. Should the Attendee not return the original product or material by the end of the 14 (fourteen) day period, MetaVarsity reserves the right to charge an amount equal to the price of the original product or material to the payment card you used to place the order.
10. SHIPPING COSTS
10.1. Where the Attendee requests shipping of Course materials and products the shipping fee for delivery within South Africa will be included in the cost of all Course materials and products. International shipping fees will be calculated when the Attendee’s order is processed.
10.2. The Attendee shall receive an e-mail within 24 (twenty four) hours of purchase confirming that MetaVarsity has received the order and is processing it. If the Attendee has not received this confirmation e-mail within 48 (forty eight) hours of purchase, the Attendee may contact MetaVarsity.
10.3. Subject to availability and receipt of payment, all items in stock will be delivered to the Attendee’s nearest post office within 10 (ten) working days (within South Africa), or within 21 (twenty-one) working days for international deliveries.
11. INDEMNITY
11.1. MetaVarsity shall not be responsible for any loss, injury, death or damages suffered as a result of the Attendee attending the Course, or travelling to and from the Course.
11.2. The Attendee indemnifies and holds harmless MetaVarsity in respect of all and any loss, injury, illness, death, damages suffered by him or her whilst travelling to or attending the Course, from whatsoever cause arising.
12. DAMAGE TO PROPERTY
The Attendee agrees to be responsible for any damage, loss or harm which it causes to any property belonging to MetaVarsity, other attendees, or anyone else involved in the Course.
13. INTELLECTUAL PROPERTY
13.1. The name “MetaVarsity” is owned in full by MetaVarsity and the Attendee does not have any right to use this name unless MetaVarsity specifically consents thereto in writing.
13.2. The intellectual property (which includes all right in copyright) in all materials provided by MetaVarsity to the Attendee in respect of the Course, including manuals, articles, books, magazines, graphics, software, and the like is owned by MetaVarsity and may not be reproduced, displayed, or used by the Attendee without our prior written consent. Any such use is strictly prohibited and will constitute an offense and an infringement of MetaVarsity’s intellectual property rights as the owner of such material.
13.3. All rights in and to any intellectual property created in the course and scope of the Attendee’s participation in the Course shall vest in MetaVarsity. The Attendee shall not acquire or be entitled to claim any right or interest in any intellectual property or in any way question or dispute the ownership thereof by MetaVarsity or the validity of such intellectual property rights.
14. HEALTH GUIDELINES
It is entirely the Attendee’s responsibility to ensure that s/he is free from any condition which would affect his capability to undertake the Course and to apply himself to it. Should any condition manifest itself which precludes the Attendee from attending the Course or participating fully in it, he shall have no claim against MetaVarsity either for a refund of the Course fee or in any other respect whatsoever.
15. RULES AND REGULATIONS
15.1. MetaVarsity reserves the right to create and apply rules and regulations (including due performance requirements) and the Attendee hereby agrees to be bound by such rules.
15.2. MetaVarsity reserves the right to exclude the Attendee from lectures (without in any way detracting from the right of MetaVarsity to recover fees payable) and to withhold an Attendee’s summative assessment results or to dismiss him/her for failing to pay tuition fees or failing to comply with any rules, or the terms of this contract.
16. REMOVAL FROM COURSE
16.1. The Attendee agrees that MetaVarsity shall be entitled to remove him/her from any Course without prior notice and with immediate effect in any of the following circumstances:
16.1.1. it comes to the attention of MetaVarsity that the Attendee has contravened or attempted to contravene any law of the Republic of South Africa;
16.1.2. the South African Police Services have arrested the Attendee or the Attendee has been charged in connection with a crime or been detained for questioning in connection with a crime;
16.1.3. MetaVarsity, acting reasonably, resolves that the Attendee has exhibited unacceptable, reckless or inappropriate behaviour towards any third party, including, but not limited to, other Attendees at a Course or a staff member, and / or where complaints have been laid against the Attendee by any such third party; and
16.1.4. the Attendee behaves in any way which detracts from the experience of other Attendees or from the business of MetaVarsity as a whole.
16.2. In the event of the Attendee’s removal from the Course in terms hereof, the Attendee hereby agrees that MetaVarsity shall not be liable for any damages or costs suffered by the Attendee as a result thereof and that the Attendee shall not be entitled to a payment or a refund of any amounts incurred by him, including, but not limited to, Course attendance fees and legal costs.
17. APPLICATION BY MINOR
17.1. Where the Attendee is a minor, the Attendee, duly assisted as far as in law need be by his/her guardians parents, or sponsors, by signing these terms and conditions hereby:
17.1.1. acknowledges that s/he understands the provisions of the declarations of the indemnity above and holds himself bound thereby and by all other provisions in this document; and by the rules and regulations of MetaVarsity for the time being in force or as they may be altered, for any period during which he is a registered learner;
17.1.2. declares that s/he knows that, should s/he, during their attendance at MetaVarsity, undergo training in any workshop or any other place of training or attend any excursion, event whether with or without MetaVarsity, s/he may be exposed to risks to life, or to bodily injury, or to health or illness or of damage to property, or personal liability therefore and that in the full knowledge of this, consents to run all the risks involved in such training, exercise, excursion or even;
17.1.3. acknowledges that s/he has familiarised themselves with the conditions of registration, programme fact sheets and the MetaVarsity documentation and certifies that the information given in this form is accurate and complete in all respects;
17.1.4. acknowledges that s/he aware that they have to satisfy the requirements of due performance as laid down by MetaVarsity from time to time;
17.1.5. holds themselves responsible for the payment in full of all fees and other charges as and when they fall due for payment; and
17.1.6. agrees that MetaVarsity shall be entitled to recover all legal costs incurred by MetaVarsity in order to enforce its rights under this contract, including without limitation, attorney and own client fees and collection charges and all tracing charges.
17.2. The above-mentioned parent(s),guardian(s) or sponsor(s) do hereby:
17.2.1. assist the Attendee in all respects in making this registration and hold him/her and myself bound by all the provisions thereof and by the rules and regulations of MetaVarsity for the time being in force or as they may be altered;
17.2.2. consent to the Attendee attending MetaVarsity subject to the provisions of the enrolment;
17.2.3. certify that the information given on this form is accurate and complete in all respects;
17.2.4. hold themselves jointly and severally responsible as surety and co-principal debtor, together with the Attendee, for the full payment of all fees and charges as and when they fall due for payment; and
17.2.5. confirm that they have read and understood these terms and conditions and agree to be bound by them.
18. DISPUTE RESOLUTION
18.1. Should any dispute, disagreement or claim arise between the parties concerning the services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
18.2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.
18.3. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other platform. The parties understand that a publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
18.4. Should any dispute result in legal or other action being taken by MetaVarsity, the liability for all costs relating to such action, including attorney/client costs and any other costs incurred by MetaVarsity, will fall on any signatories to this contract other than MetaVarsity, jointly and severally.
19. FORCE MAJEURE
It is agreed that neither party shall be liable for delay or failure to perform any obligations contained herein if such delay is due to acts of god, fire, earthquake, labour, dispute, war, martial law, government order, riot, revolution, outbreak of epidemic diseases or any other cause beyond the reasonable control of the parties.
20. NOTICES
20.1. All notices given by the Attendee to MetaVarsity must be sent to the following address; PO BOX 55, Little Brak River, Mossel Bay, Western Cape 6503 and info@metavarsity.com. MetaVarsity may give the Attendee notice at either the email or the postal address that s/he has provided when booking a Course which shall serve as the Attendees domicilia citandi et executandi.
20.2. The Attendee undertakes to notify MetaVarsity of any change in home address and or personal details.
20.3. Notice will be deemed received and properly served immediately when sent by email or three days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove that an email was sent to a specified email address of yours.
21. GENERAL
21.1. Survival of Rights, Duties and Obligations: Termination of this agreement for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
21.2. Variation of this Agreement: No alteration, consensual cancellation, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by both parties.
21.3. Governing law: This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa. All disputes, actions and other matters in connection with this agreement shall be determined in accordance with such law. The parties hereby further consent to the jurisdiction of the Cape Town Magistrates’ Court for any action that might arise from this Agreement. The parties, however, reserve the right at their sole discretion, to institute action in the High Court and to claim costs on the High Court scale
21.4. Waiver: No failure by any party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way that party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
21.5. Cumulative Rights and Remedies: The rights and remedies of the parties under this agreement are cumulative and in addition to any rights and remedies provided by law.
21.6. Severability: Each provision in this Agreement is severable from the others and if any provision is found by any competent court to be defective or unenforceable for any reason whatever, the remaining provisions shall be of full force and effect and continue to be of full force and effect.