TERMS OF USE

This document sets out the terms and conditions (“Terms”) that govern your registration with MANCOSA. MANCOSA is a higher education institution duly registered with the Department of Higher Education and Training, South Africa, with formal learning programmes which are accredited by the Council on Higher Education, South Africa and recorded on the South African National Qualifications Framework and other Quality Assurance councils and bodies.

Unless explicitly specified, Short Learning Programme (SLPs) offered via MANCOSA skillME are not accredited, recognised or endorsed by any regulatory body or professional agency. Before registering and becoming a student of MANCOSA skillME Platform, you are required to become familiar with these Terms and all documents referred to in it.

Use of our Platforms is strictly conditioned upon your acceptance of all terms, conditions, policies and notices stipulated in these Terms of Use. Once registered as a student with MANCOSA skillME, you agree to be bound by, and to abide by, these Terms, including our Privacy Policy, Terms of use of website, course pack material, and any other policies referred to on our website and Online platform.

MANCOSA reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available online. Each time a user accesses the Online platform and/or uses the services, the user shall be deemed to have consented, to the Terms, as amended and/or replaced by MANCOSA from time to time. If you are not satisfied with the amended Terms, you must refrain from using the Website and Online Platform.

DEFINITIONS

  1. “US”, “WE” or “OUR” relates to MANCOSA
  2. “YOU” or “YOUR” means the party that has submitted the enrolment form, or the delegate attending the course, as appropriate.
  3. “CONTRACT” means the contract between MANCOSA and you for the provision of the short programmes in accordance with these terms and conditions and, where applicable, the consumer information.
  4. “SHORT LEARNING PROGRAMME CONTENT” means the description or the short programme, or course units, set out on our website or as otherwise agreed with you in a statement of work
  5. “SHORT LEARNING PROGRAMME MATERIALS” means any materials, including without limitation lecture material (including online content), summaries, presentations, digital media, hand-outs, and self-assessment, test or exam papers provided to you by us in advance of or during the course.
  6. “DURATION” means the duration (and where applicable single or multiple term dates) of the course specified on the relevant section of our website or in the applicable statement of work
  7. “FEE” means the fee or fees set out for the course on our website

REGISTERING WITH MANCOSA skillME

  • It is your sole responsibility to ensure that the information you provide MANCOSA with, is accurate and up to date. All your personal information will be processed in accordance with our Privacy Policy.
  • You agree and acknowledge that non-compliance with these terms and conditions, rules, regulations and requirements will not only represent a breach of contract towards the MANCOSA, but may also lead to disciplinary steps, which may include deregistration from the MANCOSA skillME Course.
  • MANCOSA reserves its right to register and/or de-register students on its online skillME platform. MANCOSA endeavors to exercise its reasonable and sole discretion in this regard.

By registering with MANCOSA you agree and consent to the receipt of marketing communication from MANCOSA, should you wish to ‘opt-out’ of any generic marketing communication, this may be done by clicking on the link “unsubscribe” at the bottom of the email.

Accessing MANCOSA’s Online Platform:

After successfully registering with MANCOSA, and paying the applicable fees, you will be granted a limited, personal, non-exclusive, non-transferable and revocable license to use MANCOSA skillME services and products, including services associated therewith.

At all times, MANCOSA reserves its right to suspend your access to the Online Platform until such time as all outstanding payments due to MANCOSA have been paid by you.

Unauthorised Use of Online Platform:

You as the registered student, hereby agree to take full responsibility of your access and usage on the Online Platform, you agree to contact us immediately if you experience any unauthorised use of your profile details on the online platform. While MANCOSA takes all reasonable security precautions and all reasonable measures, no liability will lie with MANCOSA for damage caused by the malicious use of this Online Platform or by destructive data or code that is passed on to you through the use of the MANCOSA website and Online Platform.

In order to ensure the security and reliable operation of the services to all MANCOSA skillME students, MANCOSA hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and applications.

You may not utilise the Online Platform in any manner which may compromise the security of networks or tamper with the Online Platform in any manner whatsoever, which shall include, gaining or attempting to gain unauthorised access to the MANCOSA skillME Online Platform, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Online Platform, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held fully liable in law. Furthermore, should MANCOSA suffer any damage or loss due to unauthorised use, MANCOSA shall be entitled to claim civil damages against you, the student.

You, the user of the Online Platform, are responsible for any misuse that may arise or occur through your account on the MANCOSA skillME platform. It is the user’s responsibility to ensure that unauthorised persons do not gain access to your student online account. At all times passwords and all other credentials are to be safeguarded and not shared under any circumstances.

ONLINE SHORT LEARNING PROGRAMMES

Content and relevance:

It is your duty as the student to make sure the online SLP you register for meets your requirements. You are required to go through the programme details thoroughly before registering and decide as to the suitability of the programme.

Online SLP material:

Online SLP material is designed and created by industry and academic personnel. Online SLP material includes but is not limited to, text, videos, animation branching scenarios. The material remains MANCOSA’s copyright and cannot be used by students for any other purpose than learning.

Course delivery:

Only students who are registered for an Online short learning programme may participate.

You may not disclose your username or password to any other person, nor may you permit any other person to participate in the programme on your behalf.

PRICING AND PAYMENTS PLEASE NOTE THAT THE PROGRAMME FEE PLUS ALL APPLICABLE AMOUNTS BECOME DUE AND PAYABLE FROM DATE OF INVOICE, IRRESPECTIVE OF COMPLETION OF THE COURSE.

KINDLY NOTE THAT THERE ARE NO PAYMENT PLANS AVAILABLE

CANCELLATIONS AND DEFERRALS

  1. Cancellation of registration: If you wish to cancel your programme registration, you will need to contact skillme@mancosa.co.za. Whereafter you will be required to complete and submit a cancellation of registration form.
  2. Process for cancellation:
  • You have 7 (seven) calendar days from the date of your first payment to request a refund of the amount paid by you in respect of the short learning programme.
  • Upon request for a refund, reasons are to be provided to MANCOSA in substantiation of your request thereof.
  • MANCOSA reserves its right to refuse the requested refund at its sole discretion if it appears that there are no reasonable grounds to do so.
  • Your refund will be paid to you within 30 (thirty) days after us receiving and approving your request for cancellation.
  • The cancellation may carry an administrative and cancellation fee as determined by MANCOSA
  • Your certificate for the short learning programme undertaken will be revoked upon the approval of your refund.
  1. MANCOSA’s right to cancel:
  • MANCOSA, reserves the right to cancel a programme if there is insufficient demand for such a programme. Should this happen, you will receive a full refund.

 RISK, LIMITATION OF LIABILITY AND INDEMNITY 

No liability:

MANCOSA will not, under any circumstances be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. save for acts of gross negligence and/or willful default

 No Guarantee:

MANCOSA will not, under any circumstances guarantee the relevance of the course material to you, nor your ability to get employment or a promotion as a result of completing any of the online programmes provided.

 Indemnity:

Notwithstanding anything to the contrary, MANCOSA (PTY) Ltd, the Parties, its directors, staff, affiliates and representatives are under no circumstances liable to the each other and/or for any third party claims relating to any direct, special, indirect, incidental or consequential damages whatsoever caused and howsoever arising, whether in contract, warranty, negligence or otherwise, except where such liability cannot be excluded in terms of the laws of the Republic of South Africa.

Interruption of skillME or Online Platform

  1. MANCOSA endeavors to take all reasonable care and necessary steps to ensure that students enjoy uninterrupted service however MANCOSA cannot guarantee that the platform will not experience such interruptions.

You acknowledge and agree that from time to time, the MANCOSA skillME and/or Online Platform may be inaccessible or inoperable, by reason of one or more of the following:

  • Equipment malfunctions or server faults.
  • Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
  • Causes beyond the control of MANCOSA, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
  1. No breach: Such interruption to the accessibility of the MANCOSA Website or Online Platform will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the MANCOSA Online Platform.

 INTELLECTUAL PROPERTY

Intellectual Property means all the rights in and to intellectual property including (without limitation) the rights in and to trademarks, service marks, trade names, domain names, logos, get-up, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential and industrial information and techniques in any form), utility models, registered and unregistered design rights, copyright, database rights, and all similar proprietary rights which may subsist in any part of the world, as well as any confidential information or processes relating to the subject matter, including inter alia, source code, research outputs, specifications and business plans.

The contents of this Website and Online Campus may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. You are permitted to display the content of this Website and Online Platform on your computer as part of your viewing of the Website and Online Campus only. All copyright infringements must be reported to us at skillme@mancosa.co.za

 By submitting reviews, comments and/or any other content (other than your personal information) to MANCOSA for posting on the Website or Online Campus, you automatically grant MANCOSA and its affiliates a nonexclusive, Royalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content.

All rights not expressly granted are reserved, and no right, title or interest in any proprietary material or information contained in this Website and Online Campus is granted to you. Except with MANCOSA’s express written permission, no proprietary material from this Website or Online Platform may be copied or retransmitted.

Irrespective of the existence of copyright, the user acknowledges that MANCOSA is the proprietor of all material on the Website and Online Party except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

MANCOSA authorises you only to view, copy, temporarily download to a local drive, and to print the content of this Website and Online Campus, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

WARRANTIES AND DISCLAIMERS

MANCOSA endeavors to take all reasonable measures and precautions associated herein, however MANCOSA makes no warranty or representation as to the availability, accuracy or completeness of the content of the website and Online Platform. You expressly waive and renounce all your rights of whatever nature that you may have against MANCOSA for ANY loss suffered by you, as a result of information supplied by MANCOSA being incorrect, incomplete or inaccurate.

MANCOSA may use the service of third parties to provide information on the Website and Online Platform. MANCOSA has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided ‘as is’ and that MANCOSA and its online partners shall not be liable for any losses that may arise from the user’s reliance on it, however these may arise.

MANCOSA makes no representations or warranties, whether implied or expressly, as to the accuracy, completeness or reliability of any information, data and/or content on the Website and Online Platform, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law. All information on this Website and Online Platform is for personal use only. All use and reliance on content and information provided through this Website and Online Platform will be at your own risk.

MANCOSA does not warrant that the Website and Online Platform or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. MANCOSA expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

Whilst MANCOSA has taken all reasonable measures to ensure the integrity of the Website and Online Platform, and the contents thereof, no warranty, whether expressed or implied, is given that any files, downloads or application available via the website and Online Platform are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system. You will be exclusively responsible for any damage caused to your software or computer systems and/or any resulting loss of data caused as a result of any use of this Website or/and Online Platform.

Notwithstanding anything to the contrary, MANCOSA, its directors, affiliates and representatives are under no circumstances liable for any direct, special, indirect, incidental or consequential damages whatsoever caused and howsoever arising, whether in contract, warranty, negligence or otherwise, except where such liability cannot be excluded in terms of the laws of the Republic of South Africa. By signing this form, the undersigned indemnified and holds MANCOSA harmless against any of the above claims and accepts all risk related to the protection of personal information.

LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

MANCOSA may provide links to third party websites on the Website and/or Online Campus. These links are provided to the user for convenience purpose only and MANCOSA does not endorse, nor does the inclusion of any link imply MANCOSA endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices or operations.

While MANCOSA tries to provide links only to reputable websites or online providers. MANCOSA cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of MANCOSA.

MANCOSA is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

You agree that MANCOSA shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with linked websites, including advertisers, found on the Website, are solely between you and the third party website.  

BREACH

In the event you commit any material breach of these Terms and fail to remedy the such breach within 7 days after receiving a written notice to do so, MANCOSA may terminate your participation in the short learning programme for which you are registered, and you will not be entitled to a refund of any portion of the Course fee. We shall furthermore be entitled to immediately suspend your access to the Online Platform, as determined in our sole discretion, pending an investigation into the relevant conduct.

 DISPUTE RESOLUTION

If a dispute arises between the parties concerning any matter relating to this agreement, then both parties shall enter into negotiations, in good faith, in order to resolve the matter. The Parties must first submit to mediation in a bone fide attempt to resolve the disputed.

If the parties are unable to resolve the matter by mediation, they may but are not obligated to refer the matter to arbitration or litigation, depending on the circumstances of the dispute. In the event that arbitration does occur, the seat of arbitration will be in Durban or virtual. The parties to the dispute can request the Arbitration Foundation of Southern Africa (AFSA), to appoint a potential arbitrator with relevant expertise or directly appoint members of the arbitral tribunal. Therefore, the Regulations of AFSA will apply to the arbitration process. The arbitrator may in turn appoint an independent expert, where applicable, in the field in which the dispute has arisen, provided that both parties accept and agree on the arbitrator and his choice of independent expert and the terms and conditions of his appointment.

The arbitrator shall decide the matter and shall determine the cost and fees relating to the arbitration process, and both parties shall agree to be bound by his decision. Within thirty (30) days of the dispute arising or the unsuccessful attempt at mediation occurring, the aggrieved party must refer the dispute to arbitration.

In the event that the parties are unable to resolve the matter, or fail to agree on either an arbitrator or an expert, or the terms and conditions of his appointment, or if either party is in repeated breach of this agreement, then the party who has been aggrieved shall give written notice to the other party calling on it to remedy any breach of the agreement or seek injunctive and/or litigious relief where applicable.

COMPLIANCE WITH LAW

Each party shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to them and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform their obligations under or in connection with this agreement.

PRIVACY

In connection with your use of the Services and the Protection of Personal Information Act 4 of 2013, MANCOSA may collect, store, use, share, and/or process certain information about you and your interaction with our services. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in our Online Courses, please see our Privacy Policy here

I furthermore irrevocably give MANCOSA permission to process my Personal Information, as provided above, and acknowledge that I fully understand the purposes for which it is required and for which it will be used. I undertake to contact the relevant personnel at MANCOSA to make any enquires relating to the processing of my Personal information, at any reasonable time and purposes, as envisioned in the POPI Act.

GOVERNING LAW AND JURISDICTION: 

This Agreement will in all respect be governed by and construed under the laws of South Africa, and the Parties submit to the jurisdiction of any appropriate court within Durban, KwaZulu Natal for adjudication of disputes arising from this Agreement. Each party consents in terms of section 45 of the Magistrate’s Courts Act, 1994, to the jurisdiction of the district Magistrate’s Court in respect of any proceedings pursuant to this agreement

LEGAL COSTS

If either Party takes legal action to enforce any of its rights or cure any prejudice suffered under this agreement, any and all legal and related costs will be determined by a Court of competent jurisdiction hearing the matter.

GENERAL CLAUSES

  1. The Agreement constitutes the entire Agreement between the Parties and no Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No indulgence, leniency or extension of time which any Party (“Granter”) may grant or show to any other Party, shall in any way prejudice the Granter or preclude the Granter from exercising any of its rights in the future.

WHOLE AGREEMENT: 

No amendment to this Agreement shall be of any force or effect unless reduced to writing and signed by the relevant Parties. These Terms, together with the policies, constitute the whole of the agreement between yourself and MANCOSA in relation your registration for a course. Only a written variation agreed to by both parties will be of any effect.

SEVERABILITY

If any provision of this Agreement is found or held to be invalid or unenforceable, the validity and enforceability of all the other provisions of this Agreement will not be affected.

ASSIGNMENT

Save as otherwise herein provided, neither this Agreement nor the current bilateral agreements nor any rights and obligations of any of the agreements, may be ceded, assigned, or otherwise transferred without the prior written consent of the other Party or Parties as the case may be.

NO WAIVER OF MANCOSA’S RIGHTS

 MANCOSA’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.