Terms and Conditions for Students
The terms and conditions set out herein below shall apply to, and be binding on, all students registering for a course with the Tax Faculty.
Registration and admission of students shall only be accepted and take place in terms of the terms and conditions set out herein below.
If a student does not agree, or does not have authority to enter into this Agreement, the student may not register for a course.
Interpretation and definitions
In this agreement:
- Headings of clauses are for the purposes of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the terms set out herein or any clause hereof, unless a contrary intention clearly appears.
- any one gender includes the other gender;
- the singular includes the plural and vice versa;
- natural persons include created entities (incorporated or unincorporated) and vice versa.
- Expressions and words which are defined in this agreement shall bear the same meanings in the annexures and schedules to this agreement unless they are defined differently in any such schedule or annexure.
- If any definition set out in this document contain substantive provisions in the sense that it confers rights or impose obligations on any party, effect shall be given thereto as if the rights or obligations are contained in the body of the agreement, notwithstanding that it is only contained in a definition.
- When any number of days is prescribed, that number shall exclude the first and include the last day.
- All and any schedules and annexures to this agreement, if any, shall form part of this agreement.
- If any phrase or term is defined within a particular clause, other than the interpretation clause, that phrase or term shall bear the meaning ascribed to it wherever it is used in this agreement, unless the context expressly indicates a contrary intention.
- The use of the word including followed by specific example(s) shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of the general wording or the specific example(s) used in this agreement.
- The expiration or termination of this agreement shall not affect those provisions which expressly provide that they will operate after the expiration or termination or, which of necessity must continue to have effect after the expiration or termination of this agreement, notwithstanding the fact that the clauses themselves do not expressly provide this.
- In its interpretation, the contra preferentem rule of construction shall not apply.
The following words and phrases have these meanings in this Agreement:
- "CPA" means the Consumer Protection Act No. 68 of 2008.
- "Lecturer" means the person employed by or appointed by the Tax Faculty to interact with the student to deliver part or all of the Course Content to the student.
- "Course Content" means written content, photographs, images, vectors, films, videos, animations or other audio / visual media offered in respect of a course in any way and using any medium, and includes portions and adaptations thereof.
- "Course Fee" means the amount payable by the student for your participation in a course.
- "Database" means the collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
- "The Tax Faculty" means The Tax Faculty (Pty) Ltd, a private company registered in terms of the law of South Africa and with registration number 2015/438967/07.
- "The Tax Faculty Site" or "website" means the Internet website at URL www.TheTaxFaculty.co.za used to provide access to and participation in our courses, and includes reference to the hardware and software operated together as a system to constitute the website.
- "Intellectual Property Rights" means copyright, patents, registered designs, trademarks (whether registered or not), trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
- "University" means a third party with whom The Tax Faculty contract to assist with the development of Course Content, and course materials.
- "Permitted Use" means the way the students are allowed to participate in a course in terms of this Agreement.
- "Party" means you or us, as the context requires, and "parties" shall have a corresponding meaning.
- "Personal Information" is as defined in the Protection of Personal Information Act 4 of 2013, as amended.
- "Profile" means your account on The Tax Faculty Website and includes reference to your login credentials and all information held by us that the student can access via The Tax Faculty Website.
- "Prohibited Use" means participation in a course that is not a Permitted Use and / or that is described as a prohibited use.
- "Use" in relation to the Course Content or materials means to reproduce, publish, perform, broadcast, transmit, adapt and / or create derivative works thereof.
- "You" or "your" refers to you, or any other person or entity that you have full legal authority to bind and on whose behalf you may be accepting this Agreement.
- The terms and conditions set out herein form a material and integral part of the admission and/or registration of any student for a course.
- If there is any conflict between the contents of this document and the contents of the relevant course for which the student registers or any other of the documents that make up the Agreement, then the provisions of this document will prevail.
- Registration for courses are conducted online via the Tax Faculty Site.
- It is acknowledged that registration for a course / admission as a student is not a right but a privilege that may be granted at the discretion of the Tax Faculty.
- The Tax Faculty has the right to refuse to accept any application for registration /admission as a student of the Tax Faculty.
- By registering for a course, or by indicating your acceptance of this Agreement in any other way, the student irrevocably agree to be bound to the terms and conditions set out herein.
- In addition to the above, the student agrees to be bound to, and to comply with the Rules, Policies and Code of Conduct of the Tax Faculty with regard to students as amended from time to time. The student further agrees to be bound to, and subject to the Disciplinary Code and authority of the Tax Faculty as amended from time to time.
Accuracy of Information and supporting documents
- All information or data of any nature whatsoever that the student provides to us when you register for a course must be true, accurate, and complete.
- The name you provide upon registration for a course must match formal documentation such as your identity document, passport or birth certificate, and you will be required to submit an electronic copy of formal identification, which reflects the name you provided upon registration. The Tax Faculty reserves the right to require you to provide us with further proof of your identification in order for us to authenticate your identity.
The student hereby irrevocably consents to, and authorises the Tax Faculty and/or the Tax Faculty's nominated agent to, at any time:
- Conduct such background checks or verification checks as the Tax Faculty may deem necessary to verify the accuracy and/or correctness of any personal, professional and academic information and/or supporting documentation submitted to the Tax Faculty.
- You hereby irrevocably consent to, and authorise and hold harmless, without limitation, the Tax Faculty and/or any entity and/or third party and/or organisation, including but not limited to any University and/or Technicon and/or employer, to provide any and all information and co-operation as may be necessary to enable the Tax Faculty or its nominated representative to verify the accuracy and correctness of any information and/or documentation provided to the Tax Faculty by you.
- The student declares they are aware of the fact that, should any of the information and/or supporting documentation provided to the Tax Faculty by themselves prove to be inaccurate and/or false and/or misleading, that such conduct may constitute fraud and that may be subject to criminal and civil prosecution which may include committal to jail with or without a fine.
- A misrepresentation as set out under paragraph 5.8 above shall be grounds for the immediate and summary suspension or termination of your registration/admission as a student of the Tax Faculty.
In addition to the above:
- Any fees that may have been paid by you shall be forfeited to the Tax Faculty and you may be subject to a disciplinary hearing.
- The Tax Faculty may refer the matter to the relevant authorities.
- A penalty of no less than R15 000-00 (Fifteen Thousand Rand) shall be levied with regard to any false and/or inaccurate and/or misleading information and/or documentation together with all costs incurred by the Tax Faculty and its nominated representative in verifying the correctness of any information and/or supporting document submitted in the application for membership or at any time thereafter. Said penalty and costs shall be due and payable to the Tax Faculty on demand.
Maintenance of records
- Once registered/admitted as a student, the student shall be obligated to update your personal and professional details as recorded on the Tax Faculty's database as and when such details may change.
Registration, payments and fees
- The student may pay the Course Fee by credit card, electronic funds transfer, and debit order or by way of direct deposit into the Tax Faculty's bank account. All payments will be made in South African currency.
- The student hereby consents to us issuing to you invoices, receipts and other documents in electronic format.
- If the student makes payment by way of credit card, please send proof of payment through to firstname.lastname@example.org
- The price of the Tax Faculty's courses reflect in South African rands, and no other currency will be accepted as payment from you.
- Payments made from any country or jurisdiction which entails the levy of bank charges for payments made to us or bank charges associated with international transactions are for your account and you must make provision for this additional cost when making payment to us.
- When making payment to us, the student must ensure that their invoice number is reflected as a reference on the payment. The Tax Faculty will not be held liable if we are unable to allocate your payment and, as a result, students have being suspended from participation in a course.
- Unless the contrary is stated, all listed Course Fees are incl of VAT.
- Against acceptance of registration students shall immediately become liable for payment of the full Course Fee as may be applicable in terms of the payment plan that the student selected during registration. If a payment plan is chosen registration fees have to be paid upfront upon registration.
- Where provision has been made in the selected payment plan for payment of the Course Fee by way of a monthly debit order, and in the event of a student defaulting on any payment, or your bank refusing and/or rejecting payment of the debit order, for any reason whatsoever, then the full amount/balance of the Course Fee shall automatically become due and payable in full.
The student irrevocably consents thereto that, in the event of non-payment by the student of any amount that may fall due to the Tax Faculty, that the Tax Faculty shall be entitled to:
- List the student and the particulars of the no-payment with any Credit Rating Agency or Bureau, and/or
- Hand the account over for collection.
- Cancellations of any registration will only be accepted if received by the Tax Faculty in writing.
Refunds for cancellation will only be paid in the following circumstances:
- Where notice of cancellation is received by the Tax Faculty six weeks through the course; the student will be held liable for 50% of the listed course fee.
- Where notice of cancellation is received by the Tax Faculty after six weeks through the course; no refund will be payable.
Suspension for non-payment.
- If the student selects a payment plan during registration and the student fails to make payment as agreed, then The Tax Faculty may remove the student from the course or suspend your participation in the course. In such cases the student will lose access to The Tax Faculty Website and this will affect the students learning activities until such time as the necessary payment has been made. If the course reaches its conclusion before the student has made payment as agreed, the student will nonetheless remain liable for the full amount owing on the course.
- If there is a dispute between the student and The Tax Faculty relating to the payment of any Course Fee or in the way in which the student has used The Tax Faculty's Website, The Tax Faculty may at our sole discretion suspend your participation in the course until the dispute is resolved.
Commencement of courses
- The student will receive confirmation of being registered for a course, and will be allowed access to the Tax Faculty Site, once the student has made payment for the course in accordance with the payment plan the student selected during registration.
- Upon registration for a course the student will set up a profile.
- The student agrees that their name and password are for their use only and that they will not share this information with anyone else.
- The student agrees and acknowledges that the student will contact us immediately should they experience any unauthorised use of your Profile details.
- The student accepts that they are responsible for the consequences for the use of their Profile and for maintaining it and all information kept on it.
- The Tax Faculty takes security seriously but, as the user, the student accepts all risks of any unauthorised access that could occur regarding their personal information.
- The student will have access to their Profile by means of a username and password.
- Access to your Profile will allow the student to participate in courses and other facilities provided via the Tax Faculty Website, and to make changes to your personal information.
- If the student forgets their username or password, The Tax Faculty will only take steps that The Tax Faculty regard as being secure to ensure that the student re-gain access to their Profile.
- If the student is suspended from participation in a course The Tax Faculty may suspend access to your Profile.
Use of Profile
The student agrees:
- To use their Profile in accordance with the Acceptable Use Policy.
- Not to divulge their username or password to any other person.
- Not to impersonate any other person in dealing with us, and particularly not to access The Tax Faculty Website using another user's username and password.
If there is a dispute as to which party has the right to operate a Profile, The Tax Faculty may:
- Deny access to the Profile pending the resolution of the dispute to our satisfaction, and / or
- Transfer the Profile to the party claiming a right to it if The Tax Faculty's satisfied that the Profile was registered on behalf of that party.
- The student agrees:
Course content and delivery
- Course Content is presented in English.
- All course presentations and webinars are delivered via the Tax Faculty's E-learning Platform.
- The Tax Faculty will not be responsible for technical support for any external websites. The student will be required to contact the support services of the relevant external websites themselves, if necessary.
- Videos are provided in all of the course modules. The student will need Adobe Flash Player installed to view the video lectures available in each module. If the student is using a slower internet connection, attempting to view these videos may be difficult.
- The Tax Faculty may send the student email notifications related to the content of the course, including reminders of assignments due by the student or other information. However, this shall not create an obligation on us to do so, nor shall it absolve the student of the student's responsibility to comply with all submissions and submission dates.
- Our Course Content and method of delivery to the student may not be fully compatible with all mobile devices and therefore, to participate effectively in our courses, the student must have access to a desktop computer or a laptop computer. The student will be required to meet the cost of internet access yourself and of any upgrades required to your desktop computer.
- The Lecturer provides guidance on course content and academic related queries. Lecturers will be available for queries by telephone or email and will endeavour to respond to queries within a 24-hour period if queries are on email.
Retention of Rights
Despite anything that may appear elsewhere in this Agreement:
- All rights in and to the Course Content, including Intellectual Property Rights, are retained by us.
- The Tax Faculty own the Intellectual Property Rights to any adaptations made to the Course Content.
- Despite anything that may appear elsewhere in this Agreement:
- In order to complete the course, the student must have a current email account, access to a computer and stable internet connection as well as be familiar with the internet and computers including: how to read documents in Adobe PDF Reader.
Permitted Use of Course Content
- Only the student registered will be allowed to participate in the course.
- Any other uses must be approved in advance by us and in writing.
The student may not do anything with the Course Content that is not expressly described as a Permitted Use. For the avoidance of doubt the following are prohibited:
- Removal of any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Course Content.
- Sub-license, re-sell, rent, lend, assign, donate or otherwise transfer or distribute the Course Content or the rights granted under this Agreement.
- Make available copies of the Course Content on a network server or web server for Use by others.
- Use, display or otherwise make 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.
- If the student is not certain whether a proposed activity is a Permitted Use or a Prohibited Use, the student should contact us using the contact details on The Tax Faculty Website.
- The student may not do anything with the Course Content that is not expressly described as a Permitted Use. For the avoidance of doubt the following are prohibited:
Use of website and membership forums and disclaimer on liability.
- Abuse, racism, slander and similar conduct against fellow users of the Tax Faculty's web platform may result in the student being summarily barred from access to the Tax Faculty's web platform together with disciplinary action which may lead to termination of registration.
- The Tax Faculty's website, provided is intended as a service only for informational purposes. Use of any information and/or data, including content uploaded by members, is at your sole risk.
- The Tax Faculty accepts no liability whatsoever arising from any loss or damage, whether incidental or consequential, resulting from the use of the Tax Faculty's website and/or any information or data thereon or reliance placed on it, and the Tax Faculty makes no representations, whether express or implied, as to the suitability of any information or data contained on the Tax Faculty's website for any particular purpose.
- The Tax Faculty will not, in any way, disclose or sell any of the Personal Information provided by the student to a third party not affiliated with us although The Tax Faculty may use the information within our company, to improve the content and usability of the Tax Faculty Site. The Tax Faculty will share your Personal Information with the University relevant to your course, if this is applicable to a course for which you register.
- The Tax Faculty will use the students Personal Information to provide the student with customer service and in order to communicate with the student regarding the course for which you are registered.
- The Tax Faculty may disclose your Personal Information to third party service providers who perform services on our behalf.
- The Tax Faculty may hire other companies to process payment, store data, host the Tax Faculty Website, and the like, and these third party service providers will be permitted to obtain only the Personal Information they need to provide the service and must protect your Personal Information to the same extent as The Tax Faculty do.
- The Tax Faculty reserve the right to disclose your Personal Information if required or permitted to do so by law.
- The Tax Faculty have partners with whom The Tax Faculty have close associations and who provide us with course content and with whom The Tax Faculty contract in order to assist us with the management and presentation of the courses The Tax Faculty offer.
- The Tax Faculty shall be entitled at all times to direct correspondence to the student by way of electronic communication, or such other means of communication as the Tax Faculty may require, and the student hereby irrevocably consent to receive such correspondence.
- The Tax Faculty shall be entitled to subcontract the abovementioned function to third party service providers and to this end shall be entitled to provide access for the third party service providers to the student's personal information as contained on the Tax Faculty's database.
Legal Process and Costs
In the event that the Tax Faculty has to proceed with legal steps against the student and/or member, or to defend against legal process Tax Faculty by you for whatsoever reason, without limitation:
- As a result of your failure to comply with any of your obligations as a student of the Tax Faculty, and/or
- The protection of any interest or right of the Tax Faculty or its students, and/or
- With regard to the recovery of any amount, costs, levy and/or fine relating to any disciplinary procedure against the student, and/or
- The enforcement of any ruling by the Tax Faculty's disciplinary structure, and/or
- The collection of any fees, fine, costs or charges due to the Tax Faculty,
- The Tax Faculty shall be entitled to recover all expenses incurred in execution against the student and/or collection of any arrear amount owing to the Tax Faculty including, but not limited to, attorney and/or collection agent fees plus a commission of 15% on all instalments paid by the student towards the liquidation of any arrear amount.
- In the event that the Tax Faculty has to proceed with legal steps against the student and/or member, or to defend against legal process Tax Faculty by you for whatsoever reason, without limitation:
Consent to Jurisdiction of a Magistrates Court.
- The student agrees to the jurisdiction of the Magistrate's Court in terms of section 45 of Magistrates' Court Act 32 of 1944, as amended, with regard to any legal process flowing from this agreement, notwithstanding that the amount of the claim or the cause of action may fall outside the jurisdiction of the Magistrates' Court. Nothing shall preclude a party from instituting action for appropriate relief in any competent division of the High Court.
- The student hereby nominates as domicilium citandi et executandi for purposes of exchange of all notices, communication or legal / court process, your physical address, telefax number and/or email address as entered into the database of the Tax Faculty by the student.
- The preferred mode of communication by the Tax Faculty shall be by way of e-mails.
- The Tax Faculty, may in its own discretion use any of the above particulars nominated by the student for purposes of service of exchange of all notices, communication or legal / court process.
- All notices shall be in writing and shall either be delivered at your physical address, in which case it shall be deemed to have been received when delivered, or sent by telefax or email in which event it shall be deemed to have been received when sent, unless the contrary is proved.
Limitation of Liability and Indemnity
- The Tax Faculty cannot be held liable should the successful completion of the course not meet specific industry or body standards. The Tax Faculty cannot guarantee your suitability for a particular course based on the levels of difficulty. The Tax Faculty cannot be held liable if, after the completion of a course, you are not able to obtain employment or promotion within your chosen field of study, or otherwise.
- The student agrees that The Tax Faculty will not be liable for any damages that the student or any third party might suffer that relate to or arise from this Agreement, whether or not anyone anticipated or should have anticipated that the damages would occur. The excluded damages include direct damages, as The Tax Faculty as indirect or consequential damages such as, loss of profits, business, goodwill, revenue or anticipated savings.
- The student agrees 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 this Agreement.
- This indemnity includes claims arising from use of your Profile or if The Tax Faculty transfers your profile to another person, or if another person accesses your profile without your consent.
- This indemnity also includes all liability or loss that The Tax Faculty might suffer as a result of a claim, including legal costs on the scale as between attorney and own client and any additional legal costs.
- In the event of any one or more of the provisions of this terms and conditions or any part thereof being held, for any reason, to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision and this terms and conditions shall be construed as if such invalid, illegal or unenforceable provision was not a part of this terms and conditions, and the remaining terms and conditions shall be carried out as nearly as possible in accordance with its original terms and intent.
- This document contains the entire agreement between the parties and no variation, alteration and/or addition will be of any force or effect unless reduced to writing and signed by both the student and the Tax Faculty.
- No indulgence, leniency or extension of time which the parties may grant each other, shall in any way whatsoever prejudice either of them, preclude either of them from exercising their rights or constitute a waiver or limitation of any of their respective rights.
- The relationship of the parties in connection with the subject matter of this terms and conditions shall be governed and determined in accordance with the laws of South Africa.
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