Terms and Conditions
THESE TERMS AND CONDITIONS ARE APPLICABLE TO PARENT(S) / GUARDIAN(S) / FEE PAYER(S), AND, BY IMPLICATION, THEIR CHILDREN, WHERE APPLICABLE. AS SUCH, THE WORD “YOU” APPLIES TO ALL OF THE ABOVE-MENTIONED PARTIES INTERCHANGEABLY, WHERE APPLICABLE.
ANY OTHER MENTION OF PARENT(S), GUARDIAN(S), OR FEE PAYER(S) IN UCT ONLINE HIGH SCHOOL DOCUMENTATION CAN ALSO BE CONSIDERED INTERCHANGEABLE (E.G. THE “PARENT PORTAL” WOULD BE APPLICABLE TO ANY OF THE ABOVE-MENTIONED PARTIES).
WE ENCOURAGE YOU TO READ THESE TERMS CAREFULLY, AND TO CONTACT US IF YOU HAVE ANY QUESTIONS. BY USING OUR SERVICES, OR APPLYING FOR OR BEING ADMITTED TO, A QUALIFICATION / PROGRAMME, 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 APPLY FOR, OR BE ADMITTED TO, A QUALIFICATION / PROGRAMME, OR USE OUR SERVICES.
Welcome to UCT Online High School!
Please be advised that applications for admission to a programme offered at UCT Online High School, in collaboration with Valenture Institute, that offers secondary phase school education (“School”), are bound by these Terms and Conditions, as well as the Handbooks, and any additional policies, specific to the Programmes offered through the respective collaboration.
This Agreement ("Terms") sets out the terms and conditions that govern your use of the School’s products and services (such as website services and qualification content), as well as your application and enrolment for any subject or other programmes ("Programme") offered by the School. These Terms can also be seen as your comprehensive information source and rulebook, along with the relevant Handbooks and policies (located on the “Handbooks” page on the Website) that can be updated by us at our discretion, from time to time.
The School has made every effort to ensure the accuracy of the information in our handbooks. However, we reserve the right at any time, if circumstances dictate, to:
(i) make alterations or changes to any of the published details of the substance and opportunities on offer or;
(ii) add to or withdraw any of the provisions, and opportunities on offer. Guardians and learners are given every assurance that changes will only be made as and when appropriate and you will be fully informed as soon as possible.
1. Each of the Programmes we offer is awarded by a recognition / examination / awarding / accreditation body, and some wording and phrases used in Programme delivery may differ depending on the rules and standards of the respective body.
2. The Programmes offered are those that are classified as secondary schooling, and no junior or tertiary phase education is offered by the UCT Online High School unless clearly marketed as such.
3. Enrollment of a learner at the UCT Online High School does not in any way enroll the learner in any tertiary educational offering or institution.
4. Completion of secondary schooling with the UCT Online High School does not in any way provide guaranteed acceptance to any university including the University of Cape Town.
5. No learner will receive preferential treatment in respect of admission policies of any university, including the University of Cape Town.
7. If participation in a Programme is being paid for by a third party, then that third party will be bound by all provisions in these Terms (including payment provisions), and the l Handbooks and policies.
Accessing the School
8. Acceptance: By clicking on the "Agree" button when applying, you agree to yourself and the applicant being bound by these "Terms", which include, by reference, the Policies.
10. License: Subject to these Terms, and 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 Programmes, and the Online Campus through which Programme content is accessed.
11. Suitability of Programme: Before applying to the UCT Online High School, it is the responsibility of the parent(s) / guardian(s) and the applicant to do the necessary research to satisfy themselves as to the relevance and suitability of the Programme for the applicant’s requirements, including articulation requirements for university entrance, through consideration of the information supplied through our Websites, and asking questions, if necessary. The UCT Online High School cannot assure or guarantee admission or articulation of any learner into university or any other further education institution.
12. Commencement of Programme: You will only receive confirmation of admission for a Programme, and the learner enrolled onto the Online Campus, once you have made the required minimum payment for the Programme (unless otherwise specifically stated in the information pack relevant to the Programme). There may also be a delay of access for the learner to the Online Campus until they are formally enrolled on our records, or until the Programme commencement date.
13. Minors: If the applicant is under the age of 18 years, they must be assisted by, and have the consent of, their parent or legal guardian. By applying, the applicant confirms that they have been assisted by their parent / guardian and that the parent / guardian has consented to the application on the Website, and payment for the qualification(s).
14. Accessibility statement: The UCT Online High School is committed to providing an Online Campus that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Website and Online Campus for all our learners, including those with disabilities, as more fully described below:
- Standards: We strive for WCAG 2.1 Level A/AA and Section 508 conformance. Regular testing (both by the LMS proprietor and by a third party) is conducted to identify conformance issues, with processes in place for timely remediation of accessibility issues that are identified.
- Reviews: The Online Campus has been evaluated by Instructure and WebAIM according to WCAG 2.1 standards. Testing is regularly conducted using automated tools, assistive technology (such as screen readers, keyboard testing, etc.), and coding best practices. Third-party accessibility evaluation occurs semi-annually with internal audits conducted with each release. Mechanisms are in place for logging and fixing accessibility defects.
- Exceptions: While we strive to ensure that our Online Campus conforms to Level A/AA of the WCAG 2.1, there may be limited exceptions where the Online Campus is not 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, while ensuring that the overall learner experience is not unduly compromised.
- Accessibility requests: If an applicant, learner, or parent / guardian experiences any difficulty in accessing any aspect of the Website or Online Campus, or would like further insight into our accessibility accommodations, they should not hesitate to contact the Student Success Team. The UCT Online High School reviews all requests for disability-related accessibility accommodations, and is resolved to taking commercially reasonable steps to extend the Online Campus's functionality to accommodate all our learners.
Admission and Programme Requirements
15. Application online: Applications must be completed online for admission to Programmes through the links available on our Website. Applications are reviewed according to the admission requirements, and applying in no way automatically guarantees that an applicant will be offered a place to study at the UCT Online High School.
16. Admission requirements: All applications are reviewed by the Admissions Team according to set admissions criteria and under the prescripts of the Admission Policy. We reserve the right, at our sole discretion, to deny admission.
17. Foreign nationals: if you and / or the applicant reside in South Africa but do not possess South African citizenship you must be in possession of a valid permit or visa that legally grants permission for you to enter into this agreement. The UCT Online High School is within its rights to request proof thereof, and terminate this agreement if you are found not to be in compliance with this requirement.
18. National Senior Certificate: The UCT Online High School offers a curriculum that is aligned with the CAPS curriculum outlined by the Department of Basic Education. The NSC is a South African qualification obtained at the end of the secondary schooling phase, and does not hold automatic equivalence to secondary schooling qualifications in other countries.
19. Applicants not residing in South Africa: the General Education and Training certificate and the National Senior Certificate examinations, as set by the external assessment institution, can only be written within the country of South Africa. By entering into this agreement you and the applicant are bound to this requirement. The UCT Online High School does not hold the authority to grant any deviations to this. It is your responsibility to ensure that you comply with this rule.
20. Identification: At the point of application, the parent / guardian is required to submit a copy of the applicant’s official identity document, birth certificate, or passport, which reflects the name provided upon application, for authentication and record purposes. Acceptable forms of identification include an identity document (national ID card), passport, or birth certificate. The UCT Online High School may make use of a third-party identity verification service. Non-submission of valid identification in accordance with standard verification processes may result in the applicant’s certificate being withheld at the juncture of issue. If a learner undergoes a name change during the presentation of a Programme, it is required that this be communicated to us, and we will advise the learner and their parent / guardian on the process that needs to be followed. The name provided in the document submitted will be the one that appears on any certificate that may be issued to the learner and / or their parent / guardian.
21. Additional requirements: Please note that Google, Vimeo, and YouTube may be used in our Programme delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing Programme content – we strongly recommend that you check with us before applying for a Qualification if you have any concerns about this affecting your experience with the Online Campus.
22. Third-party records: We are obligated to provide learner information to our accreditation partners and the relevant recognition / examining / awarding / accreditation body of the Programme, for purposes solely related to the offering of the Programme.
23. Further detailed information on Programme and enrolment requirements are contained in the learner Handbook, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
24. All Programmes are designed and developed according to the specifications and standards of the relevant recognition / examining / awarding / accreditation body. The delivery of the Qualification is administered by the UCT Online High School, via its Online Campus. This delivery encompasses the services delivered by all members of teaching and learning support staff.
25. Further detailed information on Programme delivery is contained in the learner Handbook, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
26. All Programmes include continuous assessment and examinations that must be written at a physical venue (unless stipulated otherwise for a specific Programme).
27. Further detailed information on Programme assessment is contained in the learner Handbook, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
28. Examinations are classified as a summative form of assessment for a subject and Programme, and they are set by the recognition / examination / awarding / accreditation body for the subjects and qualifications that the learner is enrolled for. Unless stipulated otherwise, each subject and Programme requires a learner to undertake a prescribed number of examinations.
29. Unless stated otherwise all examinations set by the assessment body have to be written at a physical examination venue within the borders of South Africa.
30. Further detailed information on examinations is contained in the learner Handbook, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
31. Any certificates or statement of results will be issued by the relevant recognition / examination / awarding / accreditation body of the Programme in accordance with their rules (unless stipulated otherwise, and only where the awarding requirements have been met).
32. Further detailed information on certification is contained in the Learner Handbook, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
33. All learners are required to adhere to a Code of Conduct, which must be accepted in the Orientation Course for each Programme. A breach of the Code of Conduct will constitute a breach of this Agreement.
34. Further detailed information on learner conduct is contained in the Learner Handbook, in other policies referred to in the Learner Handbook, and other handbooks, rules, and materials made available through the Online Campus, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
Pricing, Payment, and Delivery
35. In order to apply to be accepted, a non-refundable application fee is required and, if the application is accepted, we require the payment of a non-refundable academic placement fee, which guarantees a child’s place and indicates acceptance to study at the UCT Online High School.
36. When you accept an offer for learner enrolment for one or more Programmes by paying the requisite academic placement fee, you agree to pay the applicable Qualification (tuition) fees and other such amounts that may be due by you arising from the learner’s participation in the Programme(s).
37. Commencement of study will not be allowed until the placement fees and first Programme fee have been paid.
38. You also hereby acknowledge and consent to us contacting you about payments due by you for a Programme or in terms of these Terms, as well as the other terms and conditions referred to in the Learner Handbook / Fees Handbook, by way of email, text message, telephone calls, or other means, as determined by us. Where a learner is under the age of 18, all communication relating to payment will be directed to a learner’s parent(s) / guardian(s).
39. Further detailed information on pricing, payment, and delivery is contained in the Information Pack.
40. Tuition fees are not all-inclusive and additional costs are levied to support the delivery and examination of the Programme. Further information on rules relating to fees is contained in the Fees Handbook, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
Cancellations and Leave of Absence
41. We reserve the right to cancel the offering of a Programme if there is insufficient demand, as determined by us at our sole and absolute discretion. In this case, fee payers will receive a full refund, but no interest will accrue on any amounts refunded to them, and any applicable bank charges will be offset against the refunded amount.
42. The Learner Handbook and the Fees Handbook, made available via the Learner Handbook, contains comprehensive information about enrollment cancellations and learner leave of absence, the content of which constitutes terms and conditions that must be adhered to by the applicable party.
Limitation of Liability and Indemnity
43. No liability for Qualification outcomes: We will not, under any circumstances, be liable for any costs, claims, or damages that may be sustained or suffered as a result of applying, being enrolled for, and / or participating in any Programme or other service offered by us that is not relevant, suitable, or does not meet your and / or any relevant academic institution, industry, or commercial body's requirements. Under no circumstances do we guarantee an applicant or learner’s suitability for a particular Programme 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 Programme the learner is not able to obtain admittance into another educational institution, chosen field of study, or any other outcome which is believed can be attained by completing a Programme offered by the UCT Online High School.
44. Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, or 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, judgements, suits, expenses, disbursements, fines, or other amounts that you or any third party might suffer that relates to, or arises from, these Terms, learner participation in a Programme, or termination of a Programme for any reason, whether or not anyone anticipated, or should have anticipated, that damages would occur. In no event shall the aggregate liability to you for any and all claims that exceed the total amount of fees received from you in the six months preceding any cause of action.
45. Acknowledgement: You acknowledge and agree that the disclaimers and limitations of liability outlined in these Terms reflect a reasonable and fair allocation of risk between you and the UCT Online High School, and that these limitations are an essential basis of our ability to make services available to you on an economically feasible basis.
46. Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or any services or Qualifications must commence within 3 years after the cause of action comes into being. If not, such cause of action shall be permanently barred.
47. 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 arising from your application for, or enrolment in, a Qualification for a learner. This indemnity includes claims arising from use of the Online Campus in a way that does not comply with these Terms, or if we transfer the profile to another person, or if another person accesses the 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 School Website or Online Campus
48. Interruption of service: You acknowledge and agree that from time to time, the UCT Online High School 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.
49. No breach: Such interruption to the accessibility of the UCT Online High School 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 for any costs, claims, or damages that may be sustained or suffered as a result of any interruption, inoperability, or inaccessibility of the Website and / or Online Campus.
50. Security: We will use reasonable commercial measures to secure our system and the profile on the Online Campus, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You and / or the learner undertake to notify us immediately of any compromise or unauthorised use of the account issued.
51. 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, as well as all other works (including trading marks and names) contained on the Website or Online Campus, or otherwise provided to learners 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 Qualifications will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
52. Learner content: The services and Programmes may enable the learner to share their own content, including assignments, with the UCT Online High School, teachers, facilitators, the Student Success Team, and fellow learners. You and the learner retain all intellectual property rights in, and are responsible for, the content shared, however, you specifically agree and consent that we, and the relevant recognition / examination / awarding / accreditation body applicable to the Programme, shall be entitled to use (at our discretion) all content shared by the learner on our Online Campus for internal research and development, quality assurance, Programme improvement, and non-commercial purposes. In relation to specific Programmes, a policy statement on intellectual property sharing may be included in the Online Campus for further guidance to learners in the sharing of ideas and assignments. Ultimately, it is the responsibility of the learner and you to ensure the proper protection of the learner’s intellectual property – if the intellectual property will be best protected by way of trade secret, or you have not filed for protection of 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 learners.
Warranties and Disclaimers
53. Disclaimers: To the extent permissible under applicable laws, all services, Programmes, 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 Programme content or the fitness of the Programme content for the purpose for which it has been acquired.
54. Warranties: You warrant that all and any information provided to us, in accordance with this Agreement, in order to apply for a Programme or otherwise, is true and accurate.
Termination of Participation in a Qualification
55. Modifying and terminating services: We are constantly changing and improving our services and Qualifications. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled learners and parents / guardians reasonable prior notice of any material changes. You may also discontinue your use of our services and Programmes at any time.
56. Breach: If you or the learner commit any other breach of these Terms (including, but not limited to, the "General Rules") and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate the learner’s participation in the Programme for which they are enrolled, and you will not be entitled to a refund of any portion of the Programme fee. We shall furthermore be entitled to immediately suspend both your, and the learner’s, access to the Online Campus in the event of a material breach of these Terms, as determined at our sole discretion, pending an investigation into the relevant conduct.
Complaints and Dispute Resolution
57. General complaints policy: Whether it is positive or negative, the UCT Online High School encourages feedback from learners and parents / guardians. Where this feedback is a complaint about a Programme, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner. All complaints are taken seriously, and every effort has been made to ensure that the UCT Online High School can cater for complaints received on all levels, regardless of severity. The UCT Online High School will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possible.
58. Lodging a complaint: Should you wish to lodge a complaint, you are required to submit this, by sending an email to your dedicated Support Coach or, if the learner is not enrolled in a Programme, firstname.lastname@example.org. We will strive to ensure that anyone giving feedback does so with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so fairly and appropriately. Where we determine that a complaint is abusive, unreasonable, or an individual 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.
59. 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 three 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. Escalations of this nature may be referred to the Governing Body for the Programme who may investigate the matter further, and may recommend an outcome or course of action.
60. Feedback: Once a complaint has been fully investigated and due process followed, a course of action will be determined by the UCT Online High School. 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 you have not requested an outcome other than having a platform to voice your concerns.
61. Disputes: If a mutually satisfactory outcome, course of action, or conclusion cannot be reached following the complaints procedure, or any other kind of dispute arises between the UCT Online High School and you, then you agree that it will be resolved individually, without resorting to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction, depending on where the services take place. As a consumer, you may benefit from the right to bring an action in the courts of the country in which you are resident. Nothing in these terms and conditions affects your rights to bring a claim in the courts of the country in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of the UCT Online High School, shall be governed by, and construed in accordance with, the laws of the Republic of South Africa. As a consumer, you may benefit from certain mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this 'Disputes' clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
62. 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.
63. Valenture Institute's details: Valenture Institute is an online school trading under Valenture OP CO UK Limited, a company registered in the United Kingdom with its address at 100 Brompton Road, London, SW3 ER.
64. These Terms and Conditions are a contract between you and Valenture Institute, on behalf of UCT Online High School, and Valenture OP CO UK Limited, a company registered in the United Kingdom with its address at 100 Brompton Road, London, SW3 ER.
65. Entire agreement: These Terms, together with the Handbooks and policies, shall constitute the entire agreement between you and the UCT Online High School, concerning application, admission, and enrolment for one or more Programmes.
66. Regulations: You are responsible, in your personal capacity, for adherence to all local statutory regulations and tax filing as relating to application, admission, and enrolment for one or more Programmes.
67. 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 once 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 where the learner is enrolled for a Programme at the time when such changes come into effect.
68. Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Qualification materials, these Terms will prevail, unless expressly stated otherwise.
69. 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.
70. 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 the UCT Online High School without restriction.
71. No indulgence / waiver: If the UCT Online High School 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 July 2020