Terms & Conditions
1. Enrollment requirements and program information
1.1 I confirm that I received a copy of the Prospectus of ES Synergy College and that I have read, understood and agree with all the contents thereof.
1.2 I submit to all regulations and conditions for admission and accept all rulings by the Board of the College as final and binding on me as per College policies, procedures and the student code of conduct.
1.3 Admission as a learner is upon invitation only and all rights are reserved. I undertake to respect the copyright on all lectures and material received from the College that may include, but not limited to, any printed or electronic media.
1.4 I am aware that the onus is on me to determine beforehand if my employer or prospective employer will recognize my intended studies at ES Synergy College and if the curriculum and qualification is applicable to my situation.
2. Program administration, duration and student obligations
2.1 I confirm that I have read and understood the rules of the qualification as set out in the College prospectus.
2.2 I understand and agree that my last assignment for the program must be handed in within the stipulated time frame:
Academic Qualifications: Diploma qualifications must be completed within 9 years (108 months), including all allowable extensions, from commencement subject to each Academic year being completed within 24 months. One (1) extension of 12 months per academic year may be applied for as per 2.3 below.
Vocational Qualifications:
Diploma qualifications must be completed within 6 years (72 months), including all allowable extensions, from commencement subject to each Academic year being completed within 24 months. One (1) extension of 12 months per academic year may be applied for as per 2.3 below.
Certificate qualification must be completed within 3 years (36 months), including all allowable extensions, from commencement. One (1) extension of 12 months may be applied for as per 2.3 below.
Short Courses: 10 Months
Advanced Short Courses: 18 Months
2.3 I understand and agree that a fee equal to the registration fee applicable at the time of the extension will be charged for a final extension of 12 months and that I will have to apply for this final extension in writing before my study period expires. I also understand that my application for extension must be approved by the Academic Board and may be rejected. I understand that there are no extensions for short courses or skills programs.
2.4 I understand and agree that if the study period has expired and no further extensions are allowed, that I will remain liable for the full outstanding study fee and will forfeit all monies paid and forfeit all academic credits I may have obtained.
2.5 I understand and agree to the module dispatch schedule as explained in the prospectus and that study material may be supplied in either printed or electronic format.
2.6 I acknowledge and agree that notwithstanding the existence of an appeal process, the academic judgement of Business Management Training College will be regarded as final.
2.7 I confirm that I have to satisfy the requirements of the program and due performance as laid down by ES Synergy College.
2.8 I agree that ES Synergy College reserves the right to withhold results, issuing of study material and/or issuing of the certificate or diploma if I fail to fulfill my financial obligations to ES Synergy College.
NB: Final assignment will only be marked if study fees are fully paid up.
2.9 I agree and declare that my contributions , including but not limited to, assignments, projects, tasks, photos, stories, correspondence or any other contributions, done during the course of my studies will remain the intellectual property of ES Synergy College and that the College may publish or use such contributions as it sees fit.
2.10 I agree and declare that I will study the relevant lectures and that any assignment that I submit to the College, whatever format it may take, will be a true reflection of my skills and knowledge and that the evidence and work compiled in such assignments will be researched, collected, written and/or presented by me and not be plagiarized or copied in any form whatsoever.
3. Fees and financing
3.1 I confirm that I have read and understood the relevant fee schedule and the corresponding information about the repayment of my study fees in the College prospectus.
3.2 I agree that I will become liable for the full repayment of my study fees including the registration fee and any applicable finance charges, irrespective of whether my employer or sponsor has agreed to pay my study fees, immediately upon signing this contract.
3.3 I agree that I will continue to make monthly payments, by no later date than the last working day of every month, until my obligations in terms of this contract towards the financing of my study fees has been paid in full, which may include finance charges.
3.4 I understand that I may cancel my studies at any time, but will remain liable for the study fees as indicated in this contract.
3.5 I agree that if I should fail to make the agreed payments on time, the full outstanding amount owing will become payable immediately and that a monthly penalty will be charged.
3.6 I agree that Business Management Training College (Pty) Ltd shall be entitled to recover from me all legal costs incurred in order to enforce its rights under this contract. including but not limited to, attorneys, own client fees, collection charges and all tracing charges.
3.7 I declare that I am able to fulfill my financial obligations to ES Synergy (Pty) Ltd.
3.8 I agree that ES Synergy (Pty) Ltd may approach credit agencies in order to ascertain my credit record and that in the event of my failure to honor this agreement, ES Synergy (Pty) Ltd shall have the right to inform credit agencies thereof.
3.9 I acknowledge that this agreement may be ceded or assigned to a third party.
3.10 I understand and agree that if payments for any month is in default, the College will levy a default penalty charge of R75 per occasion.
3.11 I agree that a foreign learner postage levy will be charged if I reside outside South-Africa to the amount of R985.00
4. Cancellation:
4.1 I understand that I will have an opportunity to cancel this enrollment contract with the College within 14 days of admission and will remain liable for the full registration fee of the program enrolled for until such time that the registration fee has been paid.
4.2 I understand that the registration fee is not refundable irrespective of whether I cancelled this contract within 14 days of admission or not.
4.3 I understand that this contract may be cancelled after 14 days of admission by either ES Synergy College or myself by notice of 1 (one) calendar month.
4.4 A cancellation penalty fee will be charged if this enrollment contract is cancelled after 14 days of admission. The cancellation penalty fee will be calculated based on the period that has expired since admission and the percentage of the program completed.
5. Declarations and undertakings:
5.1 I agree and undertake that if any of my details as set out in this contract, including but not limited to, my banking details, contact details, address, name or surname are to change, that I will duly notify the College of such changes.
5.2 I understand that this agreement in all its respects are governed by the laws of the Republic of South Africa and agree that any legal proceedings, including arbitration, that may result from this contract must be brought, actioned or argued within the jurisdiction of the Magistrate’s court where the Head Office of Business Management Training College is situated.
5.3 The College do not lose any rights in terms of this contract if the College do not immediately and in every instance insist on them.
5.4 I acknowledge that I understand the provisions of the declaration of this Enrollment Contract, and hold myself bound thereby, and all other provisions of this registration, including the rules and procedures of ES Synergy (Pty) Ltd for the time being in force or as they may be altered, for any period for which I am a registered student.
5.5 I understand that if I am under the age of 18 my parent, custodian or legal guardian should co-sign this document to legalize my enrolment with ES Synergy College.
5.6 I agree that if my study fees are not paid for by myself then the company or sponsor that pays my study fees will have full access to my academic record with ES Synergy College.
5.7 I declare that all particulars furnished by me on this form are true and correct and I undertake to comply with the rules regulations and decisions of ES Synergy College and any amendments thereto and have taken note of advise which may be applicable to students in general and or to the field of study for which I have registered.
5.8 I acknowledge and agree that this form, by signature thereof, becomes a binding contract.
Website Terms of Use
IT IS IMPORTANT TO NOTE THAT THE USE OF ALL ES Synergy WEBSITES IS SUBJECT TO THE TERMS OF USE SET OUT BELOW. BY USING THIS WEBSITE YOU AGREE TO ALL TERMS OF USE, INCLUDING THE PRIVACY POLICY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST CEASE YOUR ACCESS AND USE OF THIS WEBSITE IMMEDIATELY.
Welcome to ES Synergy's website terms of use.
These website terms of use ("Terms") govern all access or use of ES Synergy's websites, including the website at www.ES Synergy.com, all our virtual learning environments/online campuses, and such other URLs as we may indicate from time to time ("Website/s"). If you do not agree to these Terms, you must cease your access or use of this Website immediately.
By agreeing to these Terms, you also consent to other policies as may be accessible on our Websites, including our Privacy Policy ("Policies"), which are incorporated by reference into these Terms. If you register for a course with us, our Student Terms and Conditions will also apply.
Due to legal and other developments, we may be required to amend these Terms from time to time without notice. It is your duty to familiarise yourself with the current version of these Terms at the time you access or use a Website – the date of last revision will appear at the end of these Terms. Continued use of the Website after any amendments have been effected will constitute your acceptance of these Terms, as amended.
Content
No offer: You should regard nothing contained on this Website as an offer, but as an invitation to view our Website and its content, and to enrol in courses offered.
No warranty: We take reasonable steps to provide accurate information through our Websites, but all information viewed or accessed from this Website is provided on an 'as is' basis, without any warranty, whether express or implied, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law.
Sharing of content: Any content on our Website which is subject to creative commons license, where indicated as such, may be shared provided that it is given the necessary credit in accordance with the provisions of the creative commons license in force from time to time. All information accessed as a student shall be governed by our Student Terms and Conditions , as accepted upon enrolment for a course.
Use at own risk: You may only use information on the Website for personal use. Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Website. Any articles, guides or information of any nature provided on this Website is summarised content, and may not be applicable to your particular situation and should therefore not be relied upon solely by you for any purpose.
No warranty on availability: We do not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful
component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
Third party websites
Disclaimer of third party website content: This Website may contain hyperlinks to websites owned and/or operated by third parties. We are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us). The fact that a website is linked to this Website does not imply that we sponsor, endorse or approve the contents, or that we are affiliated or associated with the entity that owns or is responsible for such third party website.
Intellectual property
Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works contained in this Website is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
Limited use: The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of this Website on your computer as part of your viewing of the Website only. You must notify us of any copyright infringement at info@ES Synergy.com.
No other use: No other use of this Website or its content is permitted unless you enter into a license agreement with us. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another's website, unless otherwise expressly stated in these Terms. If operating in the United States of America, the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") may apply in terms whereof copyright owners may have recourse in the event of copyrighted material appearing on the Website that infringes the copyright owner's rights in terms of the DMCA. If this applies to you, you may send a notice to request that the alleged infringing material be removed to info@ES Synergy.com.
Linking, framing and crawling
Hyperlinking restricted: Our express written permission is required before any hyperlink other than to the home page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms. Requests for permission can be emailed to info@ES Synergy.com.
Permission:
Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
Framing restricted: Our express written permission, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to info@ES Synergy.com.
Automated searches restricted: Apart from legitimate search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without our prior written consent.
Acceptable use policy
Introduction: You agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy ("AUP") sets out the parameters within which you must make use of the Website (which, as specified above, shall include access to and use of each of our Online Campuses), and in so doing you agree to be bound by this AUP.
Internet use: You may not use our Website to engage in illegal, abusive or irresponsible behaviour, including:
Unauthorized access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorization.
Monitoring data or traffic on any network or system without our authorization.
Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and/or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks.
User of an internet account or computer without our authorization, including, but not limited to internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
Collection of personal information about third parties without their consent.
The intentional or negligent dissemination of any malicious code (meaning anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to permit access to or the use of a computer system by an unauthorized third party, or disable, damage, erase, disrupt or impair the normal operation of a computer system).
Forging of any TCP (Transmission Control Protocol), Internet Protocol packet header or any part of the header information in an email or a newsgroup posting. Any activity or conduct that is likely to result in retaliation against us or the Website.
Security: You must take reasonable security precautions. If applicable, your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it with any other person, and you should change your password regularly.
Unsolicited emails: You may not send any unsolicited email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.
Other networks:
You must comply with the rules of any other network you access or participate in using the Website.
Offensive content: Content "published or transmitted" via the Website includes web content, email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the internet. You may not publish, display or transmit via the Website any content that we reasonably believe:
constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including in relation to chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is discriminatory in any way, including by way of sex, race, or age discrimination;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or
is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.
General prohibitions:
You agree to not engage in any of the following activities as a result of your use of the Website:
Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by you or you have the required authority to do so, and have received all necessary consent to the intellectual property.
Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
Delete any legal notices, labels or anything else in the Website content that displays authorship or ownership in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
Download any file posted by another user of a forum you know, or reasonably should know, cannot be legally distributed.
Use any communications or content or other information obtained through the Website in a manner that is competitive with us or the Website.
Allow any third party to use your username and password in any manner other than as permitted by these Terms.
Consequences of violation of the AUP:
You agree and acknowledge that we will not be held liable for content created by you, and you maintain all responsibility for your actions and statements made on the Website.
We reserve the right to remove content created by users of the Website at any time.
We may, without notice to you, suspend your right to participate in any course, including any course which is in progress, or remove any content transmitted via or stored on the Website if we reasonably believes you are using the Site or the Online Campus in breach of this AUP. You must cooperate with our reasonable investigation of any suspected breach of the AUP.
We will charge you for any breach of the AUP together with the cost of equipment and material needed to:
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investigate or otherwise respond to any suspected violation of this AUP;
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remedy any harm caused to us as a result of your violation of this AUP; and
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respond to complaints.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable laws, and provide any information we have about you and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Security
No liability: While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
Prosecution: We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.
Personal information
Privacy Policy: Further information regarding the manner in which we respect the privacy of your personal information is contained in our Privacy Policy .
Disclaimer and indemnity
Disclaimer: Subject to applicable law, we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion and you may also have other rights that vary from jurisdiction to jurisdiction.
Indemnity: You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action, application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.
Owner information
This Website is owned and operated by Get Educated Proprietary Limited, a company registered in the Republic of South Africa with its address at 2nd Floor, Deneb House, Cnr Main and Browning Road, Observatory, Cape Town, 7925 and if you are using the website without being registered as a student, these Terms are a contract between you and this company. If you are using this Website by virtue of, or in relation to your registration as a student, these Terms are a contract with either this company, or ES Synergy Online Limited (a company registered in the United Kingdom with its address at 74 Rivington Street, London, United Kingdom, EC2A 3AY), as determined in accordance with the Terms and Conditions for Students (Clause P. General).
Advertising and sponsorship
Third party content: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
No liability:
We accordingly exclude, to the fullest extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Monitoring and Interception of data messages
In order to provide a relevant, efficient and secure service, and where required and permitted under law, we may monitor and/or intercept electronic communications such as email which are sent to this Website. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and interception, and consent to it.
Receipt of data messages
Data messages: Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to.
Receipt:
A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Right not to respond: We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.
Confidentiality: You agree that data messages sent to this Website will not be regarded as confidential unless otherwise agreed in writing.
Disputes
Arbitration: For any dispute that you may have with ES Synergy arising from these Terms or your use of the Website, you agree to first contact us and attempt to resolve the dispute informally. If your complaint arises from your registration or participation in a course administered through our Websites, the relevant provisions of the Terms and Conditions for Students shall apply. All other disputes shall be referred to mediation and, in the event of mediation failing, arbitration under the arbitration laws and rules applicable in the Republic of South Africa, with such arbitration to be held in Cape Town, South Africa, unless otherwise agreed between us.
Urgent relief: The aforegoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.
General
Whole agreement: These Terms constitute the whole of the agreement between yourself and ES Synergy in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
Applicable law and jurisdiction:
The laws of the Republic of South Africa shall apply to these Terms, their interpretation, and any matter or litigation relating to or arising from them, unless you are registered for a course through our Websites, in which case the provisions of the Terms and Conditions for Students shall apply in determining relevant law.
Assignment:
These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by ES Synergy without restriction.
No Indulgence: If ES Synergy chooses not to enforce any part of these Terms, that does not mean that it cannot do so at a later time.
Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms.
Broken Links: Notwithstanding the fact that hyperlinks in these Terms to certain documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.
Date of last amendment: 8 November 2016
Terms and Conditions for Students
We encourage you to read these terms carefully, and to contact us if you have any questions. By using our services or registering for a course, you agree to be bound by, and to abide by, these Terms. If you do not agree to be bound by these Terms, or are not able to enter into a binding agreement, then unfortunately you may not register for a course or use our services.
Welcome to ES Synergy!
These Student Terms and Conditions ("Terms") set out the terms and conditions that govern your use of ES Synergy's products and services (like our website services and course content), as well as your registration for any short course or other program ("Course") offered by ES Synergy. These Terms can also be seen as your comprehensive Student Handbook, information source and rulebook. We hope that you find this information helpful. Although all these Terms are important, please pay particular attention to any terms that are emphasised in "bold" text.
By agreeing to these Terms, you also consent to the following policies applicable to, and accessible on, our websites (including the website at www.ES Synergy.com, all our online campuses, and such other URLs that we may indicate from time to time ("Website/s")), which are incorporated by reference into these Terms: Privacy Policy, Website Terms of Use, and any other policy as is made available on our Websites from time to time ("Policies").
Accessing ES Synergy
Acceptance: By clicking on the "Agree" button when signing up for a Course, you agree to be bound by these "Terms", which include, by reference, the Policies.
Accurate information:
All information (including personal information) provided to us on registration, on creating an account, or while accessing ES Synergy services and Courses, must be true, accurate and
complete. You are also responsible for updating us in the event of a change to your information (for example, your name or address). All personal information will be responsibly processed in accordance with our Privacy Policy.
License:
Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the Online Campus through which Course content is accessed (this "Online Campus" is our student management system that we use to facilitate constructive interaction between ES Synergy, students and university stakeholders).
Suitability of Course:
Before registering for any Course, you are responsible to satisfy yourself as to the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our Websites, and asking questions, if necessary.
Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Online Campus, once you have made the minimum payment for the Course in accordance with the payment plan you select (unless otherwise specifically stated in the information pack relevant to your Course). There may also be a delay of access to the Online Campus until you are formally enrolled in our records.
Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a Course.
Accessibility statement:
ES Synergy is committed to providing an Online Campus that is accessible to the widest possible audience, regardless of
technology or ability. We are actively working to increase the accessibility and usability of our Website and Online Campus for all our students, including those with disabilities, as more fully described below:
Standards: We aim to conform to level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0.
Reviews: Our Online Campus is periodically reviewed by an accessibility expert who uses a range of different assistive technologies and computer settings to test the Online Campus for conformance with the above standards of accessibility, and we are committed to diligently and timeously resolving all areas of non-conformance.
Exceptions:
While we strive to ensure that our Online Campus conforms to level AA of the WCAG 2.0, there may be limited exceptions where the Online Campus is not yet fully up to level AA standard. We are continually seeking out solutions that will bring all areas of the Website and Online Campus up to the same level of overall accessibility. Please note that our marketing websites may not currently conform to level AA of the WCAG 2.0.
Accessibility requests:
If you experience any difficulty in accessing any aspect of the Website or Online Campus, or would like further insight into our Accessibility Policy and accessibility accommodations, please don't hesitate to contact your Performance Coach or email info@ES Synergy.com. ES Synergy reviews all requests for disability-related accessibility accommodations, and is resolved to taking commercially reasonable steps to extend the Online Campus' functionality to accommodate all our students.
Course requirements
Registration online:
Students can register for Courses online through the links available on our marketing Website.
Basic requirements: In order to complete a Course, you will need a current email account and access to a computer and the internet. Students should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read and create documents in Microsoft Word. In addition, students will need to install Adobe Flash Player to view the video lectures, resources and activities available in each Course module. Both Adobe applications are available for download:
Adobe Reader: https://get.adobe.com/reader/?promoid=BUIGO
Adobe Flash Player: https://get.adobe.com/flashplayer/?promoid=BUIGP
Browser requirements:
We recommend that students use Google Chrome as their internet browser when accessing the Online Campus. Although this is not a requirement, we have found that this browser performs best for ease of access to Course material. This browser can be downloaded from the following website.
https://www.google.com/intl/en/chrome/browser/
Additional requirements:
Certain Courses may require additional software and resources. These additional software and resource requirements will be communicated to students upon registration and/or at the beginning of the Course. Please note that Google, Vimeo and Youtube may be used in our Course delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing Course content – we strongly recommend that you check with us before registering for a Course if you have any concerns about this affecting your experience with the Online Campus.
Identification:
During the Course presentation, students are required to submit a digital copy of formal identification, which reflects the name provided upon registration, for authentication and record
purposes. Acceptable forms of identification include an identity document (national ID card), passport, government- or state-issued driver's license, state or province ID card, or birth certificate. Non-submission of valid identification may result in a certificate not being issued to a student who has completed a Course successfully. If you undergo a name change during the presentation of a Course, you will be required to communicate this to your Performance Coach, who will advise you on the process to be followed. The name provided by you will be the one that appears on any certificate that may be issued to you on successful completion of a Course.
Disclaimer:
Students are obliged to source and obtain access to the necessary software and resources at their own cost, and we won't be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless stated otherwise – these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising students (through the Online Campus or by email to students' chosen email addresses).
University Records:
The University collaborating on your Course shall have discretion to deny your registration for that Course, remove you from that Course, or suspend your activity on that Course, on the basis of written reasons related to outstanding fees owing to the University, misconduct or other lawful impediment. In the event that the University takes such action, your full Course fee will be refunded, and you will need to engage with the University to resolve any dispute arising from this.
Course delivery
Language:
English is the language of instruction and administration for all ES Synergy Courses. All coursework that is required for assessment purposes must be written in English. This includes posts made on the discussion forum.
Online Campus:
Each Course consists of a number of modules delivered over a specified period through the Online Campus, accessible using the "Online Campus" website link provided with your registration. All Course-related documentation is provided in electronic format and can be accessed through the Online Campus.
Communications:
You may receive communication by telephone, email or text message from ES Synergy representatives for Course administration and related purposes, including reminders of assignments and payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).
Access to Online Campus:
Upon your final enrolment for a Course, a profile will be set up for you in the Online Campus (or, if you already have a profile, you will use your existing profile for the new Course). you are suspended from participation in a Course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the Online Campus. Please note that there may be some time delay between registration and enrolment.
Permitted use:
Only students who are registered for a Course may participate in that Course. Students may not divulge their username or password to any other person, may not permit any other person to participate in the Course on their behalf, and may not impersonate any other person in dealing with ES Synergy or access the Online Campus using another user's username and password. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you re-gain access to your profile. You are prohibited from doing the following:
Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Online Campus.
Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Course content (an example of this would be to edit the IPTC data).
Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
Making available copies of the Course content on a network server or web server for use by others.
Using, displaying or otherwise making available the Course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
Your responsibility: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You accept that you are responsible for the consequences of your use of your profile in the Online Campus, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.
Access disputes: If there is a dispute as to who has the right to operate a profile in the Online Campus, we may deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
Platform capability:
The Online Campus is not fully compatible with mobile devices, including smartphones and tablets. In order to access and participate effectively in the Online Campus, students must have access to a desktop computer or a laptop computer. You will be required to meet the cost of internet access yourself and of any upgrades required to your computer or mobile device.
External websites:
ES Synergy is not responsible for technical support for any external websites. Courses that require students to use external websites do so to achieve the best learning outcomes. If you have any queries relating to external websites, you are required to contact the support services of the relevant websites directly (although you may request assistance from your Performance Coach or a Technical Support Officer through the Online Campus). ES Synergy will not be liable for any costs, claims or damages that you may suffer as a result of your use of, or failure to access, any external website.
Videos:
Videos are provided in the majority of Course modules. These videos act as tutorials and lectures for the topics covered in the specific modules and are compulsory unless otherwise stipulated. You will need Adobe Flash Player installed to view the video lectures available in each module. If you are using a slower internet connection, then attempting to view these videos may be difficult.
Performance Coach:
The primary contact for students on a Course is the Performance Coach. The Performance Coach's primary objective during the Course is to ensure that students have correct access to Course materials, and are supported, motivated and well informed about Course happenings. The Performance Coach also provides students with guidance related to administrative and Course-presentation based queries. The Performance Coach responds to queries via telephone, email and the discussion forum in the Online Campus.
Head Tutor and Tutors: The Head Tutor and Tutors provide guidance on Course content and academic-related queries. Interaction with the Head Tutor and Tutors is performed only on the discussion forum in the Online Campus. Head Tutors and Tutors will not be available for queries by telephone or email, and will respond to queries on the discussion forum on such days of the week and during such times as stipulated on the Online Campus.
Technical support:
Technical Support Officers are available to handle any technical-related queries that you may have during your experience on a Course presentation. Students can contact the Technical Support Officers by telephone, email or the discussion forum – simply follow the links and instructions on the Online Campus.
Collaborators:
Each of our Courses is approved by, and provided in collaboration with, a reputable university or college. However, unless otherwise stipulated, these Courses are not accredited by that institution. University credits are therefore not awarded upon successful completion of short Courses by specific universities. Nothing in these Terms establishes more than a very limited relationship between you and any educational institution with which we collaborate, or entitles you to use the resources of that educational institution beyond participation in the Course, unless expressly stated otherwise in relation to a particular Course.
Course assessment
General:
All courses are based on continues assessment and there are no examinations, unless stipulated otherwise for a specific Course.
Modules: Modules may include assignments that count towards the final Course result. The Head Tutor will assess your assignments within an allocated time period. Any queries relating to your previous assignment that will affect the submission of your next assignment should be asked on the Online Campus discussion forum.
Graded Courses: Graded Courses are formally graded and assessed by the Head Tutor. The Head Tutor allocates a grade for each assignment in accordance with the assessment criteria and procedure for allocation of marks.
Peer review Courses:
Peer review Courses are usually not formally graded and are assessed through a peer review process. However, select Courses have a peer review function within the Course which is assessed and graded. Unless the Course specifically requires that students be partnered with another student also participating in that Course, the assignments completed will be randomly allocated to a set of fellow students for review. Students will be able to see who they are reviewing and who has reviewed them. The Head Tutor, or assistant marker where appropriate, also reviews assignments and provides expert advice and guidance.
Assignment release:
Assignments are released on the date and time indicated in the Course calendar.
Assignment submission: Assignments are due to be submitted on the date and time as indicated in the Course calendar or as otherwise indicated by your Performance Coach. Students are given a full week (including the weekend) to complete and submit assignments. No late assignments will be accepted after the specified deadline in the Online Campus.
Late submission of assignments:
Students who wish to apply for an assignment extension will be required to complete an Extension Request Form through the Online Campus and submit supporting documentation (for example a medical certificate). Assignment extensions will only be granted under extenuating circumstances, and at your Performance Coach's discretion (you will not automatically be entitled to an extension). Examples of extenuating circumstances that may be accepted are illness that precludes submission of an assignment on time (in which case the Extension Request Form must be submitted at least 48 hours before the assignment due date, and a medical certificate must be provided), or an emergency or special circumstance (in which case the Extension Request Form must also be submitted within 48 hours after the due date).
Holidays and work trips: Allowances for late submission of assignments are not made if students are away on holiday or on work trips. The Course dates are clearly provided in the information pack or documentation that is available to you before a Course commences, and it is each student's responsibility to ensure that they are able to complete the Course by submitting assignments on time.
Assignment rewrites:
Rewrites of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, rewrites provide an unfair advantage.
Assignment re-marks: For graded Courses students may request, in writing, a re-mark of an assignment at any stage of the Course. However, no re-marks will be considered after the final results have been released. Please note that re-marks may result in an increase, decrease or no change to a student's mark. The cost of an assignment re-mark is available on request. A re-mark must be requested in writing to the Performance Coach, and the re-mark fee paid, before final results have been released for the Course.
Final results: Your final result or completion status may be subject to a moderation process. This process involves a moderator reviewing the completed assignments or assessments and altering the results if required. After this process has been completed, students are notified of the release of final results on the Online Campus. If you have outstanding fees or amounts owing, your final result will be withheld until such time as your fees have been settled in full.
Student Conduct
General rules:
You are required and encouraged to contribute to the enhancement of the experience of all students and to encourage enthusiasm for learning, intellectual honesty, vigour in debate, openness and respect for fellow students. All students shall adhere to the following core principles or general rules (GRs), and by working together, we can continue to foster a respectful learning environment where we improve lives through better education:
GR.1: Students must take responsibility for their own learning, while also interacting constructively with their fellow students, Performance Coach, Head Tutor and Tutors.
GR.2: Students must treat all representatives of ES Synergy, university representatives collaborating on a Course, their fellow students, and any other person encountered through ES Synergy's services ("ES Synergy Stakeholders") with dignity and respect.
GR.3: Students must not abuse or otherwise interfere with any ES Synergy Stakeholder in any manner which contributes to disrupting their work, or contribute in an intimidating, hostile or demeaning manner. In particular, you undertake not to contribute any intimidating or hostile comments in relation to any ES Synergy Stakeholder's occupation, opinions, race, gender, beliefs or sexual orientation.
GR.4: Assignments and all other academic submissions for assessment must be your own work (except for assignments that explicitly permit collaboration). Students must not plagiarise or engage in any other form of academic dishonesty.
GR.5: Students may not make, distribute, reproduce, copy, or make use of any material in which copyright resides, without the permission of the author(s) or owner(s).
GR.6: Students must comply with any reasonable instruction of a ES Synergy representative.
Offensive content:
The discussion forums on our Online Campus serve as a platform for academic collaboration and enriches the learning experience through dynamic engagement and healthy debate. ES Synergy retains the right to monitor and remove posts on the discussion forums (or any information otherwise disseminated through the Website or Online Campus) to ensure that the environment remains constructive and that the integrity of interaction is maintained. To the extent that any person is harmed by your comments, ES Synergy shall not be held responsible for your behaviour and each student hereby releases ES Synergy from and indemnifies ES Synergy against any such liability. You agree to abide by the provisions of the Terms of Use on our Website in relation to acceptable use policies, especially in relation to offensive conduct. In addition, you undertake not to use ES Synergy services to promote any business or enterprise, unless permitted to do so by a representative of ES Synergy, or unless this forms part of a Course requirement.
Plagiarism:
Plagiarism can be defined as the intentional or unintentional use of another's work without providing reasonable and appropriate credit to the author or source of the work. Plagiarism includes, but is not limited to, the use of another's words, ideas, opinions, theories or data. ES Synergy provides support and information in the Online Campus on how to avoid plagiarism and guidelines on adherence to academic conduct, however, each student must take responsibility for their own academic work.
Rules on academic conduct in relation to plagiarism:
Students must refrain from dishonest conduct in completing their assignments and must not copy the work of fellow students or published sources.
Students may not allow fellow students, friends, family members, or any other individuals to complete their academic work on their behalf.
Each assignment requires you to accept a plagiarism declaration. This declaration is to be taken seriously as each student is accountable for their own work.
Instances of plagiarism will be investigated by ES Synergy and may involve consultation with the relevant university or college collaborating on your Course.
Plagiarism declaration:
For each assignment that students complete they are required to accept and agree to a plagiarism declaration prior to submission on the Online Campus.
Avoiding plagiarism:
Guidance and information on avoiding plagiarism is included in the orientation module of each Course. This guidance and information must be strictly adhered to.
Consequences of Plagiarism:
All incidents of suspected plagiarism are compiled into a report, which is assessed by the Course Instructor. Students will be informed of the suspected incident(s) of plagiarism and will be provided with the basis of the suspicion. The student is invited to respond and offer an explanation on the suspected plagiarism, which will be considered by the Head Tutor and Course Instructor. Where a student is found guilty of plagiarism by the Course Instructor, they will receive zero for the assignment in question. Students guilty of plagiarism will also be required to write a letter of explanation and apology to both ES Synergy and the university or college collaborating on their Course, and resubmit the assignment in questions. Students found guilty of plagiarism by a Course Instructor, even for a first offence, where a satisfactory explanation is not given, will not have a certificate issued to them, and may have their Course participation immediately terminated.
Pricing, Payment and Delivery
Course fees:
When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course.
Tax Invoices in electronic format: You hereby consent to the receipt of an invoice, which shall be sent to you in electronic format, to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
Currency of invoice:
The price of Courses will be reflected in South African Rand (ZAR) for Courses provided with Collaborators (universities and colleges) based in the United States, Pound Sterling for Courses provided with Collaborators based in the United Kingdom, and South African Rand for Courses provided with Collaborators based in South Africa.
Bank charges:
In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
Payment of VAT:
Unless the contrary is stated in your invoice or information pack:
for all Courses presented in collaboration with Collaborators in the USA and UK, all listed Course fees include VAT as it would relate to a person residing in the European Union;
for all Courses presented in collaboration with Collaborators in South Africa, all listed Courses fees are exempt from VAT for all courses presented in collaboration with Higher Education Institutions, and all other courses are inclusive of VAT, unless stated otherwise; and all additional taxes which may be payable in a student's jurisdiction in relation to the Course fee shall be the sole responsibility of the student.
Payment reference:
When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
Promo codes:
If you have been provided with a promo code and you would like to make use of it when you register for a Course, you will have to indicate this on the ES Synergy Website when registering for the relevant Course (where indicated), and agree to be bound by the terms and conditions of this promo code. Should you register without utilising the promo code, the promo code will become redundant and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. In addition, promo codes are non-transferrable and non-refundable - if you request a Course deferral, the promo code shall no longer apply to the fee payable for the deferred Course.
Suspension for non-payment:
If you fail to make payment for a Course by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Course or suspend your participation in the Course. In such cases you will not be permitted to access the Online Campus until such time as the outstanding payment has been made by you.
Reminders:
You hereby acknowledge and consent to us contacting you in relation to payments due by you for a Course or in terms of these Terms, by way of email, text message, telephone calls, or other means as determined by us.
Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the Online Campus or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
Cancellations and Deferrals
Outstanding fees: If you do not settle your fees in accordance with the agreed payment terms, you will not receive your final result for your Course, and we will not issue any letters confirming attendance or completion of Course modules. You will not be issued with a certificate until all fees have been paid in full.
Cancellation of registration:
If a student wishes to cancel their registration, they must contact their Performance Coach to discuss their intention. The Performance Coach will consult with you to discuss the matter and to assist you in reaching an informed decision. Should a student decide to go ahead with the cancellation, they are required to complete and submit a cancellation of registration form, which will be provided to you on request to your Coach
Performance
Course deferral:
Students may request that their participation be deferred to the next scheduled presentation of their Course, subject to these Terms. The student must contact the Performance Coach to discuss their intention, who will consult with and assist them in reaching an informed decision. If you elect to proceed with the deferral, you will be required to complete and submit a deferral application form (which will be provided to you on request to your Performance Coach), and pay an administration fee equivalent to 25% of the full listed Course fee, as well as any increase in the Course fees from when you first registered for the Course.
Important restrictions on deferrals:
All applications for course deferral must be made before Module 3 is made available to students in the third week of the Course.
Assignments that have been completed up until the date of the deferral will not be credited to you upon re-registration.
We do not guarantee that future presentations will be held. If a student chooses to delay their participation in a Course, they do so at their own risk, and we will not refund any part of the Course fees should the future presentation not be held.
Students may only defer from the current presentation to the next available presentation of the same Course. Students who fail to register for the following registration of the agreed upon Course will forfeit their option to defer and will not be entitled to a refund.
For the above reasons, deferral is only recommended for students who genuinely encounter an unforeseen circumstance that forces them to defer taking the Course to a future date.
Deferral to different Course:
In exceptional circumstances only, students may be permitted by their Performance Coach to defer to a different Course, (in accordance with the procedure and subject to the terms of a normal deferral as set out above). In the event that this option is permitted by a Performance Coach due to exceptional circumstances being proven and accepted, the student will need to pay an administration fee equivalent to 25% of the full listed Course fee (from which you are deferring) and the difference in fees between the Course to which you are deferring and the one from which you have deferred. The full Course fee will be payable in advance prior to being granted the deferral, and you will not be refunded the difference if the cost of the Course to which you are deferring is lower than the cost of the Course for which you initially registered.
Refunds for cancellation will be paid in the following circumstances:
For all cancellations prior to Course start date:
If you cancel within 14 days of registering and paying for the Course: You will receive a refund of any amounts paid by you in respect of that registration, in full, within 14 days after us receiving your request for cancellation.
If you cancel more than 14 days after registering and paying for the Course: You will receive a full refund (to the extent that payment has been made), less 25% of the listed Course fee, as an administration fee for the cancellation.
For all cancellations on or after the Course start date:
If you cancel at any time before 50% of the Course is completed: You will receive a refund of amounts paid, less 50% of the listed Course fee, as a fee for accessing the Course material.
If you cancel at any time after 50% of the Course is completed: You will not be entitled to a refund of any amounts paid, and will be liable for the full Course fee.
Calculating time periods:
For purposes of calculating the time periods stipulated above, the progress through the Course is measured as a number of weeks, or part thereof, as a percentage of the total weeks in the Course.
We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
Classification of results and certification
Classification of results for graded Courses:
Graded Course results will be classified as Pass or Fail. The requirements for passing the Course are included in the assessment structure information within the Course.
Classification of results for peer review Courses:
Each peer review Course has a minimum number of assignments that students are required to submit in order to successfully complete the Course and meet the requirements for the award of a certificate. These requirements are outlined in the respective information pack and at the start of the Course.
Certification:
Certificates of completion are issued in a student's legal name upon successfully completing the Course according to the stipulated requirements for award of a certificate. No certificate will be issued to a student who does not meet the stipulated requirements for the award of a certificate. The following points should be noted in relation to certificates:
Before receiving the final result or completion status, students are granted the opportunity to confirm their address for certificate delivery. ES Synergy cannot be held liable should a student provide an incorrect address or no address.
No graduation ceremonies are held to issue certificates. Certificates are couriered to students who provide a street address. All certificates sent to a postal address are sent by registered email.
ES Synergy cannot guarantee the delivery date and time of a certificate.
Should a student choose to nominate a third party to receive or collect their certificate on their behalf, this will be done at their own risk, and ES Synergy won't be held liable for any loss or theft arising from this nomination.
If a certificate is returned to the sender, the relevant student will be contacted and informed of the return. Certificates returned due to being unclaimed by the designated recipient will be re-sent by courier at a student's written request. Where a certificate is returned for a second time, the student will be liable for the cost of re-sending the certificate.
No hard-copy certificate will be issued only for successful Course completion. Unless otherwise stipulated, we are not authorised to provide digital copies of certificates.
A duplicate certificate will be issued at a fee, where satisfactory evidence of destruction or irretrievable loss of the original is submitted. An affidavit or sworn statement to the effect that irretrievable loss has occurred, signed and attested before a Commissioner of Oaths or Notary Public, must accompany the application. The original affidavit or sworn statement must be sent to us and a third party cannot swear to an oath on the student's behalf.
No duplicate certificate will be issued if a student's original certificate is in storage.
If a student receives their certificate with a printing error they are required to notify ES Synergy, and return the erroneous certificate to the sender before an amended version will be issued. ES Synergy cannot be held liable for printing errors resulting from incorrect personal student information provided to us.
Withheld certificates: Where a qualifying student is eligible for the award of a certificate, and is under investigation for misconduct or such a matter has not been resolved, the award of a certificate may be suspended until the matter has been disposed of by ES Synergy. Where a student is found guilty of plagiarism (even for a first offence) where a satisfactory explanation is not given, a certificate will not be issued to them. If a qualifying student has outstanding fees owing to ES Synergy, their certificate will be withheld until such time as their fees have been settled in full. We will also not be able to issue a certificate should you fail to submit your identification and confirm your delivery address.
Limitation of liability and indemnity
No liability for Course outcomes:
We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain.
Limitation of liability:
To the maximum extent permitted by law, you agree that we will not 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. In no event shall ES Synergy's aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
Acknowledgment:
You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and ES Synergy, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
Time constraint:
You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or ES Synergy's services or Courses must commence within 1 year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
Indemnity:
Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms. This indemnity includes claims arising from your use of the Online Campus in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
Interruption of ES Synergy Website or Online Campus
Interruption of service:
You acknowledge and agree that from time to time, the ES Synergy Website and/or Online Campus may be inaccessible or inoperable, by reason of one or more of the following: Equipment malfunctions or faults. Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time. Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
No breach:
Such interruption to the accessibility of the ES Synergy Website or Online Campus 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 ES Synergy Website and/or Online Campus.
Security:
We will use reasonable commercial measures to secure our system and your profile in the Online Campus, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of your account.
Intellectual property
Reservation of rights:
Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on this Website or the Online Campus or otherwise provided to students by ES Synergy, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
Student content: The services and Courses may enable you to share your own content, including assignments, with ES Synergy, Head Tutors, Tutors, Performance Coaches, and fellow students. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and our Collaborators shall be entitled to use (in our discretion) all content shared by you on our Online Campus for internal research and development, Course improvement and non-commercial purposes. In relation to specific Courses, a policy statement on intellectual property sharing may be included in the Online Campus for further guidance to students in the sharing of their ideas and assignments. Ultimately, it is your responsibility to ensure the proper protection of your student intellectual property – if your student intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on the Online Campus or otherwise through the Website will not be used by other students.
Warranties and disclaimers
Intellectual property rights warranty:
We warrant that in providing you with Course content and Course materials on the terms set out in this Agreement, we are not intentionally infringing any third party’s intellectual property rights.
Disclaimers:
All services, Courses and their content are provided "as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
Student warranties:
You warrant that all and any information that you provide to us, in accordance with this Agreement, in order to register for a Course or otherwise, is true and accurate.
Termination of participation in a Course
Modifying and terminating services:
We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether. You may also discontinue your use of our services and Courses at any time.
Plagiarism:
We reserve the right to terminate your participation in any Course in the event that you are found guilty of plagiarism in accordance with these Terms. Plagiarism is a breach of these Terms and no refund will be issued should your participation be terminated on this basis.
Breach:
If you commit any other material breach of these Terms and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee.
Complaints and Dispute Resolution
General complaints policy:
Whether it is positive or negative, ES Synergy encourages feedback from students. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner.
Complaints procedure:
The complaints procedure ensures that there are clear and accessible means of making complaints and having them addressed. All complaints are taken seriously, and every effort has been made to ensure that ES Synergy can cater for complaints received on all levels, regardless of severity. ES Synergy will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possibly. A complaint can include complaints about the Course structure and presentation, academic content, or the actions or lack of action by ES Synergy or its representatives.
Lodging a complaint:
Should you wish to lodge a complaint or bring a claim against ES Synergy, you are required to submit this through the "Speak Up" service on the contact page of our Website. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or a student is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
Review and investigation:
Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavour to address complaints within 3 working days (although this may not always be possible). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further. All escalations of this nature are referred to our general purposes committee as well as the Course Instructor who will investigate the matter further, and recommend an outcome or course of action. Once the matter has been investigated, and due process followed, students will receive a written response informing them of the feedback, outcomes or suggested course of action related to the complaint.
Feedback:
Once a complaint has been fully investigated and due process followed, a course of action will be determined by ES Synergy. The result will either be that the complaint is upheld (in part or in full), and an appropriate form of action is taken, or, that no action is taken, in which case comprehensive feedback and reasons will be provided. This includes, but is not limited to, instances where students have not requested an outcome other than having a platform to voice their concerns.
Formal dispute resolution:
If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between ES Synergy and a student, then you agree that either party (acting independently of the other) must request formal dispute resolution by way of mediation. In all cases, a party seeking and initiating mediation will do so at their own cost. If the parties are unable to agree upon the appointment of a mediator:
for all disputes arising from Courses presented in collaboration with a Collaborator based in South Africa, they may approach the Arbitration Foundation of South Africa. The decision of the mediator shall become final and binding within 14 days of delivery to the parties, unless one or both parties disputes the mediator's decision by written notice within that period. In the event of the mediation failing, either ES Synergy or a student may pursue resolution of the dispute through arbitration or in a court of law, with such arbitration or court proceeding to proceed in:
Pretoria, South Africa, for all disputes arising from Courses presented in collaboration with a Collaborator based in South Africa (students registering for such Courses consent to the exclusive jurisdiction of the courts of South Africa for the resolution of any dispute arising from these
Terms or delivery of this Course). All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless ES Synergy agrees otherwise, the arbitrator or court in a dispute may not consolidate more than one person's claims. You agree that, by registering for a Course and entering into these Terms, you waive the right to a trial by jury or to participate in a class action. Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
Confidentiality:
We recognise the importance of protecting our students' information – as such, all complaints will be handled in a confidential manner. In cases where the internal sharing of information is necessary to resolving a complaint, reasonable steps will be taken to ensure a limitation on the number of people acquainted with the complaint. In order to fully address a complaint, it may, in some cases, be necessary to share information with the university collaborating on your Course.
Recording of complaints: We will keep a record of all complaints and their outcomes. Complaints data is subject to periodic analysis, with the aim of continuously refining and improving our processes or product and service offering.
General
ES Synergy's details:
If you are registering for a Course presented in South Africa , then these Terms are a contract between you and ES Synergy Online Limited, a company registered in South Africa with its address at 41 Oakdale Estate, South Street, Centurion, South Africa, 0157.
Governing law: If you are registering for a Course presented in collaboration with a university or college based in the United States of America or the United Kingdom, you agree that the laws of South Africa shall apply to these Terms, their interpretation and any matter or litigation relating to or arising from them. If you are registering for a Course presented in collaboration with a university or college based in South Africa, you agree that the laws of South Africa shall apply to these Terms, their interpretation and any matter or litigation relating to or arising from them.
Entire agreement:
These Terms, together with the Policies, shall constitute the entire agreement between you and ES Synergy concerning your registration for a Course.
Revision of Terms:
We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and Online Campus, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes.
Conflict:
If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will ordinarily prevail unless expressly stated otherwise.
Severability:
In the event that any part of these Terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
Assignment:
These Terms, and any rights and licenses granted in terms of these Terms, may not be transferred or assigned by you, but may be assigned by ES Synergy without restriction.
No indulgence/waiver:
If ES Synergy chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.
Date of last amendment: 8 November 2016