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Terms and Conditions

Last updated: February 25, 2023

Please read these Terms and Conditions carefully, and if you have any questions, please contact us at [email protected].

Terms and Conditions

1. The Basis of a Sale

1.1. These Terms and the Continuous Payment Authority (if applicable) form the entire agreement between you and us for the supply of the Service. It is imperative that you confirm the accuracy of the details in these Terms and your Order before signing the contract. In case there is a mistake, please ask us for a written confirmation. This is because we are only responsible for statements and representations that are made in writing by authorized employees and agents.

1.2. By agreeing to these Terms, you acknowledge that you have not relied on any statements, promises, representations, assurances, or warranties made or given by Career Smarter.

1.3. The Order represents your offer to purchase services pursuant to these Terms.

1.4. A quotation is valid for a period of 14 calendar days from its date of issue, unless we notify you in written form that we have withdrawn it.

1.5. We may change or update these Terms from time to time. Unless we make changes to those policies or terms as a result of a law or a government or regulatory authority, any changes to those policies or terms will apply to any orders you have already placed but have not yet been fulfilled.

1.6. It is your sole responsibility to ensure you have the skills and experience required to enrol in a Course and to conform to the Course Rules.

2. Enrollment

2.1. Your enrolment date is the day on which you receive your Online Learning System login details.

2.2. Your Enrolment will be valid for the duration of the Course or training package, starting on the Enrolment Date.

2.3. In order to extend your Enrolment, you must request it in writing at least 14 days before it is due to expire.

2.4. In addition, you certify that you understand either the prerequisite skills or experience applicable to your proposed Course and examination. In your Enrolment and participation in a Course, you acknowledge and agree that you must comply with and continue to comply with the Course Rules.

3. Consumer Rights

3.1. By logging into the Online Learning System, you acknowledge receiving the Service from us.

3.2. Unless otherwise indicated in clause 3.7, you can terminate your Enrolment within 14 days of your first payment or Registration date, whichever is earlier.

3.3. You can terminate your Continuous Payment Authority within 14 days of the date of your first payment. However, if it is after 14 days, you are still liable for the outstanding Fee and need to find an alternative form of payment.

3.4. To cancel your Enrolment, as required by clause 3.2, you must notify us within 14 days in writing or by e-mail at [email protected].

3.5. In accordance with clause 3.7, if you cancel your Course, your Course Fees paid are refunded to the full amount that can be attained. Your refund will be paid within 30 days following our receipt of your cancellation request.

3.6. Once you have logged onto the learning portal, you cannot cancel, and we are not liable to give you any refund of your Course Fees – in full or in part.

3.7. Clause 4 does not affect your statutory rights.

4. Delivery of Course Materials

4.1. From the Enrolment Date, we will make every effort to provide usernames and passwords for your specific Online Learning System within five (5) business days. You will be emailed a link to the login after providing us with your email address. After receiving the login information, you will be able to access the online Course Materials.

4.2. We will use reasonable efforts to meet agreed performance dates, but such dates are only estimates. Unless otherwise agreed, time is not of the essence for the performance of any Services.

4.3. In order for us to comply with the law or to prevent materially affecting the nature or quality of the Service, we reserve the right to change the Service in any way.

5. Your Obligations

5.1. You must:

5.1.1. Check the Order for accuracy and completeness;

5.1.2. Cooperate with us on all matters concerning the Service;

5.1.3. Provide us with information and materials that are reasonably needed to deliver the Service. Make sure all of the information you provide to us is accurate.

5.2. Should we be prevented from performing any obligation we have signed, or should you fail to perform any obligation you have signed – "Default":

5.2.1. As well as suspending performance of the Service until a Default is remedied, and relying on the Default to relieve the Company of any obligations;

5.2.2. In the event you fail to fulfil any of these obligations, we will not be liable for any costs or losses you incur as a result.

5.2.3. Upon written request, we will be reimbursed for costs or losses directly or indirectly associated with any Default.

6. Students with Disability

6.1 Career Smarter does not provide students with disabilities with equipment, computers, aids, or software. However, Student Care will do its utmost to assist Students with questions about booking exams or requesting special accommodations.

7. Course Materials

7.1. Despite our efforts to ensure accuracy, we cannot guarantee error-free Course Materials.

7.2. As information technology rapidly evolves, course materials may become outdated or incorrect at any time.

7.3. We will not refund Course Fees in the event of incorrect, incomplete, or outdated Course Materials.

7.4. Please notify us within 45 business days of discovering errors or inaccuracies in the Course Materials and/or the Online Learning System.

7.5. While you are enrolled in the Online Learning System, we will ensure uninterrupted access to the Course Materials, except in the following cases:

7.5.1. Our schedule maintenance or the maintenance scheduled by a Course Provider may cause the Online Learning System to be unavailable;

7.5.2. Downtime during a particular month should not exceed 3% of all other downtime during that month.

7.5.3. An unforeseeable event.

7.6. The Online Learning System will not be responsible if it is unable to function due to factors beyond its control. Consider your internet connection speed, the devices you use for internet access, third-party security software or firewalls, or the performance of your internet service provider.

7.7. Problems with the Online Learning System should be reported to [email protected].

The problem will be resolved within a reasonable amount of time. Please provide any diagnostic information you may reasonably require so that we can resolve the problem.

7.8 You (the Student) have explicit permission to access all course materials related to your learning pathway. The purpose of providing other content to you is solely for your benefit to see the scope of other content available to purchase. You can add the additional content to your course by speaking with your Career Consultant.

8. Course Fees and Enrolment

8.1. Course fees are indicated in the quotation you received from us or, if the quotation has expired or hasn't been provided, in our current price list. The prices for all items are subject to change, but changes will not affect confirmed orders.

8.2. Where VAT is applicable, course fees will include it. We may adjust your VAT bill if you have not paid in full by the time the VAT rate changes.

8.3. Despite our best efforts, it's always possible that we'll price a Course incorrectly. By checking prices as part of our ordering process, we make sure to charge you the lower amount when enrolling you in the Course. This is because the correct Course Fee is less than the stated price. In cases where the pricing error is obvious, and you could have reasonably noticed that there was a price error, we won't have to provide you with the Course at the incorrect (lower) price.

8.4. Payments must be made in advance by credit card or debit card, or in accordance with the Continuous Payment Policy. We accept Visa, MasterCard, American Express, and Visa Debit as credit cards and debit cards. We also accept checks and bank transfers.

8.5. If you fail to pay us on time, we are entitled to: without limiting any other remedies or rights that may be available to us to terminate this agreement by giving you written notice and if you fail to pay all outstanding amounts within 10 days after being notified in writing.

9. Implications of Termination

If this agreement is terminated for any reason:

9.1. All outstanding invoices and interest must be paid by you immediately. For services supplied but for which no invoice has been issued, we will send an invoice, which is payable by you immediately.

9.2. All course materials that have not been fully paid for must be returned.

9.3. The parties' accrued rights, remedies, obligations, and liabilities as at their expiration or termination shall not be affected, including the right to claim damages arising at or before their termination or expiration; and

9.4. All provisions that expressly or impliedly survive termination shall remain in full force and effect.

9.5. There will be no refunds for unused course or exam fees after the 7-day cooling off period.

10. Course Fees and Course Material Extensions

10.1. Course materials, course fees, and certification fees do not include the cost of examinations, personal stationery, special materials, or other study materials you may purchase.

10.2. Assessment methods differ between Courses and training providers, and may include online assessments and/or the submission of written assessments. We may change the assessment mode for a Course at any time, including after your enrolment. As far as possible, we will give you reasonable notice of any changes to the assessment method.

10.3. You are entirely responsible for the cost and expense related to accessing and/or running the Course Material on any computer system. Please confirm that your computer system is compatible with the published computer specifications for Course Materials before enrolling in any Course.

11. Transferring a Course to Someone Else

11.1. If you purchase a Course as a Consumer, your enrolment in the Course is private to you, and you cannot transfer it to anyone else.

11.2. We may, at our discretion, transfer your Enrolment/s to other people in your company only if you purchased a Course on behalf of your company. This will only happen if you provide its details to us. Please contact us if you want this transfer to be considered.

11.3. During the term of this agreement, we may assign, transfer, or otherwise deal with all or any of our rights. In addition, we may subcontract or delegate to any third party or agent any or all of our obligations.

12. Installment Plans

12.1. You may be able to pay for your course fees through a fixed-term instalment plan with Career Smarter. This is a service we offer solely at our discretion.

12.2. To be eligible for this service, you must sign a continuous payment agreement; this represents a legally binding contract between Career Smarter and you, which should be read in conjunction with the Terms and Conditions.

12.3. This agreement applies to a fixed term license commitment as opposed to an ongoing subscription service, and cancellations are prohibited except as follows:

A continuous payment authority can be cancelled at any time. Once we receive an email from [email protected], we will take immediate action. We will not cancel your course unless the terms and conditions allow it. Once all outstanding monies owed to us have been paid, we will stop collecting your payments.

Career Smarter (Pty) Ltd. Should you owe us money after cancelling the continuous payment authority, we will charge your credit card or debit card for the remaining amount.

13. Copyright and Intellectual Property

13.1. All intellectual property rights relating to the Service belong to Career Smarter.

13.2. The Course Materials are protected by copyright and are intended to be used exclusively for personal learning.

13.3. The Course Materials may not be copied, sold, broadcast, transmitted, or otherwise reproduced or distributed in any way other than as permitted by law. However, you may:

13.3.1. Retrieve and display the Course Materials on your computer screen from the Online Learning System;

13.3.2. Download and print one copy of the Course Materials, but do not photocopy them; and

13.3.3. Store the Course Materials electronically - but not on a server or other networked storage device.

13.4. In the Course Materials we provide to you, third parties may have provided licence agreements. By enrolling, you agree to comply with any applicable licence agreements.

13.5. Should you use or copy the Course Materials in a manner inconsistent with these terms, you will be responsible for any losses we suffer.

14. Career Assistance at Career Smarter

14.1. Career Smarter career services do not guarantee that you will secure a new job or obtain any other benefit.

14.2. Career Services may be changed, withdrawn, or declined at any time.

14.3. This service is only available in English.

15. Career Advancement and Recognition are not Guaranteed

15.1. There is no guarantee or warranty that enrolling in or completing any Course will lead to, or improve the probability of, your obtaining employment or other benefits.

15.2. We do not warrant or guarantee that your enrolment in or completion of any Course will result in a rise in your remuneration or provide any other benefit to you if you are currently employed or engaged as an employee or consultant.

15.3. It is your responsibility to ensure that any Course you purchase and enrol in is appropriate to your needs.

16. Disclaimer of Liability

16.1. Career Smarter shall not be liable for any of the following:

16.1.1. Injuries or deaths that are the result of its negligence or the negligence of its employees, agents or subcontractors;

16.1.2. Deliberate fraud or fraud by misrepresentation;

16.1.3. Violation of section 2, Supply of Goods and Services Act 1982 – quiet possession and title.

16.2. Subject to clause 18.1:

16.2.1. Under no circumstances shall Career Smarter be liable to you for any loss of profit, or any indirect or consequential loss arising out of or in connection with these Terms; and

16.2.2. In no circumstance will Career Smarter's total liability for all other losses arising from or relating to the Terms, including negligence, breach of statutory duties, or otherwise, exceed the value of any Course Fees paid by you.

16.3. This clause (clause 17) remains in effect upon termination of the Contract.

17. Events Beyond Our Control

17.1. “Force Majeure Event” refers to any event outside the reasonable control of the Career Smarter, such as strikes, lockouts, or other industrial disputes involving the Supplier's workforce or any other party, malfunctioning utility services or transportation networks, war, riots, commotions, malicious damage, compliance with any law or governmental order, rule, regulation or directive, fire, flood, storm, or default of suppliers or subcontractors.

17.2. If an event of Force Majeure prevents Career Smarter from performing its obligations under these Terms, it will not be responsible to you.

17.3. Career Smarter, in the event of a Force Majeure Event, shall, without limiting its other rights or remedies, be entitled to immediately terminate these Terms by written notice to you.

18. Confidentiality

18.1. As part of this agreement, both parties (the “receiving party”) are to keep strict confidentiality the technical and commercial know-how, detailed specifications, inventions, processes or initiatives that are of a privileged nature and have been communicated to the recipient by the other party (the “disclosing party”), its employees, agents or subcontractors, and any other confidential information that the recipient becomes aware of about the disclosing party's business or products and services. The receiving party's employees, agents, and subcontractors will only have access to confidential information if it needs it to fulfil its obligations under the terms. Employees, agents, and subcontractors must comply with this clause as if they were parties to it. Additionally, the receiving party may disclose confidential information of the disclosing party to any governmental or regulatory authority, or a court of competent jurisdiction. If such disclosure is required by law or other

19. Third Party Rights

19.1. An individual who is not a party to the Terms has no rights to enforce them.

20. Variation

20.1. Any variation, including the introduction of any additional terms and conditions, must be agreed to and signed by Career Smarter, except as set out in these terms.

21. Refer a Friend and be Rewarded

21.1. An existing Student may be eligible to claim a referral fee if they refer/recommend a referee for a course with Career Smarter.

21.2. There may also be an opportunity for the Referee to receive a cashback.

21.3. The value of the referral fee or cashback reward depends on the course that the Referee enrols in down the road. A minimum amount of £50 will be paid to the Student/Referrer.

21.4. To get a unique referral URL, students can complete the form at www.careersmarter.com/refer-a-friend/. A Referee may also enquire via the unique URL sent by the Referrer. This is done by calling in and quoting the unique referral code contained in the URL sent by the Referrer.

21.5. A reward is not automatically awarded to the Student/Referrer for referring another, unless they contact Student Care to request it

21.6. Referees must contact Student Care to request a reward for referring a candidate.

21.7. Rewards are available only to students and referees who have paid in full. It is necessary for both parties to have paid all their payments each month to qualify for rewards.

21.8. The Referee will be compensated only for referrals when the Referee has completed the 7-day cancellation notice and the Student has paid in full.

21.9. An enrolled member of Career Smarter can submit as many referrals as he or she wants as long as the above criteria are met.

22. Exam Vendors

23.1. You agree that we can share exam information with exam vendors, and that we can provide limited information about our students to companies looking to hire our graduates.

Questions

If you have any questions about our Terms and Conditions, you can contact us: