Introduction
By choosing to enroll as a Student at Western Cape Digital Skills, each Student, Parent, or Guardian acting on their behalf or that of a minor Student, binds themselves to these terms and conditions (these Terms), which form part of the agreement between Western Cape Digital Skills and Student. Parents acting on behalf of a minor Student undertake to ensure compliance by the relevant Student with the parts of the Terms that apply to Students and, where such Parent is not the person responsible for payment (PRFP), undertakes to ensure compliance with all relevant provisions of the Terms by that PRFP. Major Students undertake to ensure compliance by their Parents, to the extent relevant, with the parts of the Terms that apply to Parents and, where such Student is not the PRFP, undertakes to ensure compliance with all relevant provisions of the Terms by that PRFP.
- Definitions
1.1. “Western Cape Digital Skills” in short WC Digital Skills, means a Digital School owned by Mayitta Digital Solutions Ltd a private company with registration number: BN-5XCX5YDK under and by the provisions of the Registration of Business Names Act of Kenya.
1.2. “Codes of Conduct” means the Code of Conduct for Students and the Code of Conduct for Parents or, as the context requires, either of them.
1.3. “Code of Conduct for Students” means the code of conduct for Students set out in clause 5
1.4. “Code of Conduct for Parents and Guardians” means the code of conduct for Parents set out in clause 7.
1.5. “Disciplinary Committee” means the disciplinary committee set up by Western Cape Digital Skills to preside over any dispute relating to any breach or alleged breach of the Codes of Conduct.
1.6. “Educator” means any individual educator in the employ of Western Cape Digital Skills.
1.7. “IEB” means the Independent Examinations Board or any successor-accredited organization determined by Western Cape Digital Skills that administers educational assessments.
1.8. “Marketplace” means Western Cape Digital Skills’ “Marketplace” online platform, on which Marketplace Service Providers may advertise and solicit for business in connection with extra-curricular and extramural activities, goods, and services, including tutoring and eBooks.
1.9. “Onboarded” means, concerning a Student, that the process by which a Student is registered with Western Cape Digital Skills and is loaded onto the Western Cape Digital Skills learning management system has been completed.
1.10. “Parent” means each of a Student’s parents and/or legal guardian/s.
1.11. “PRFP” means the person whose details are, upon application for enrolment, entered online as the “person responsible for payment”. Where the Parent is not the PRFP, the Parent will remain liable for the payment of any amounts that the PRFP fails to pay under these Terms.
1.12. “Marketplace Service Provider” means a person or entity that has contracted with Western Cape Digital Skills to be allowed to advertise and solicit business on Marketplace.
1.14. “Student” means any Student who has been Onboarded with Western Cape Digital Skills.
- Fees AND Payments
2.1. A non-refundable application fee is payable for each application for enrolment submitted.
2.2. A non-refundable registration fee is payable per recruit for any overseas job, together with the first monthly, termly, or annual once-off school fee payment for that Student, as required.
2.3. School fees are payable in advance in the amounts quoted from time to time for the relevant course/training module. In certain special circumstances, the school might allow you to pay fees in two installments, one at the start of the course, and the other after 2 or 4 weeks, depending on the length of the course.
2.5. All payments must be made in Kenyan Shillings for students based in Kenya, and South African Rand for South African Students, without deduction or set off.
2.6. Payment is to be made via the company’s till number, 8392614, which is an approved MPESA Payment Gateway registered for the parent company, Mayitta Digital Solutions. South African Students can deposit the Money to The First National Bank, FNB, account number 62332298941. Payments can also be made through the PayPal payment gateway on the WC Digital Skills website’s online shop.
2.7. Payment may be made by card and EFT. Other payment mechanisms may also be available from time to time. Where the PRFP has chosen to pay by EFT but the payment does not, for any reason, go through, Western Cape Digital Skills reserves the right to complete the payment using credit or debit card details that have been provided by the PRFP to WC Digital Skills, if any. Customer details will be stored by WC Digital Skills separately from credit or debit card details which are entered by the PRFP on the payment gateway.
2.8. Where a Student is enrolled at WC Digital Skills at any time in the middle of the course, (regardless of the enrolment start date), the full school fees will be payable.
2.9. Where payment is made with a credit or debit card not issued by a Kenyan or South African institution, there may be South African Exchange Control implications. Certain processing fees may be payable in respect of such transactions, and there may be delays concerning any refund that may become payable, as well as refund amount differentials caused by exchange rate fluctuations between processing and settlement.
2.10. If a fee payment installment plan is offered and chosen, WC Digital Skills will invoice the PRFP for the applicable amounts. A failure to provide such an invoice does not, however, excuse the PRFP from the obligation to make the relevant payments when due.
2.11. All payments made must reflect the correct reference (which will usually be the TFC number or invoice number, if applicable). Failure to do so may result in the payment not being captured to the correct account and the payment may be treated as having not been made, which may result in the suspension or termination of the Student’s enrolment.
2.12. If an installment plan is offered and chosen and any installment not be paid on the due date, the full balance of the course fee will immediately become due and payable by the PRFP. WC Digital Skills reserves the right to charge interest at the prescribed rate on any overdue payments, from the due date to the date of payment, together with a late payment fee and, if applicable, collection costs. For so long as any fees are overdue, WC Digital Skills also reserves the right, in its sole discretion, to suspend the relevant Student’s (and/or the PRFP’s) ability to log into the Learning Management System. If a Student’s enrolment is suspended for lack of payment, readmission to the Learning Management System is at WC Digital Skills discretion, but will not be allowed unless all fees then outstanding are made in full.
2.13. While any amounts are due and payable but unpaid, WC Digital Skills reserves the right to not allow the Student to sit any exams and/or assessments.
- Refund Policy
- WC will issue a full refund for course payments made when the student sends a formal request to withdraw from the course before course materials are issued and coursework starts.
- Students WILL NOT get a refund if they’ve already received course materials.
- Students WILL NOT receive a refund in case of exam cheating, plagiarism, canvassing, and other forms of academic misconduct.
- Any approved refunds will be made within 14 business days of the approval of the request. WC Digital Skills will not be liable for any delays caused by banks or recipients’ modes of payment.
- Privacy and Data Protection
4.1. WC Digital Skills will receive and hold Students’ personal information, as well as payment-related information for Parents or other PRFPs. Parents/ Guardians and Students are hereby informed that:
4.1.1. all lessons provided by WC Digital Skills are recorded, so that such recordings are available to all Students, current and future, for online study and revision purposes.
4.1.2. Students will be recorded participating in classroom/lecture/presentation contexts, whether in person or online (including chat) as part of the recording of lessons provided by WC Digital Skills: while the primary focus of the recordings is the presentation of the lesson by the teacher/facilitator, Students may be identifiable from such recordings;
4.1.3. the recordings may be stored or accessed outside of Kenya and South Africa and, as such, the personal information of Students may be transferred outside of the borders of the two countries;
4.1.4. The recordings will be available on the WC Digital Skills online academic platform, will be accessible to all those who have access to that platform from time to time, and may be used for marketing purposes from time to time; and
4.1.5. The collection and processing of personal information about lesson recordings are mandatory, because the recordings of lessons, and storing and using them as contemplated in these Terms, are all integral parts of the operation of WC Digital Skills as an online school, and accordingly no Student can be enrolled at WC Digital Skills if they or their Parent do not give consent as set out in these Terms. Should a Student or their Parent wish to withdraw any such consent, they would have to leave WC Digital Skills following these Terms. Note that any withdrawal of consent will only be relevant to the prospective collection of personal information; any personal information previously collected will continue to be processed as it was before any withdrawal, as it is not practically possible to distinguish and refrain from processing individual Student information.
4.2. All Parents (and prospective Parents) and PRFPs, on their behalf and behalf of their Student (and/or prospective Student) children, and all major Students and prospective Students, hereby permit WC Digital Skills to receive and process all personal information obtained by WC Digital Skills to facilitate such Student’s education through WC Digital Skills, all payments made or to be made, and any administrative requirements in connection with that education or the relationship contemplated in the agreement of which these Terms form part. In addition, all Parents (and prospective Parents), on their behalf and behalf of their Student (and/or prospective Student) children, and all major Students and prospective Students, hereby permit WC Digital Skills to process all personal information obtained by WC Digital Skills through recordings as contemplated in 7.1 above (whether before or after the conclusion of the agreement of which these Terms form part), to facilitate and/or further the education of those and other Students, present and future, through WC Digital Skills, including by making such recordings available online on WC Digital Skills platform, and for marketing purposes, both current and future.
4.3. All such information will be processed by the provisions of the Protection of Personal Information Act, No. 4 of 2013 (the “Act”) and used exclusively for the purpose for which the personal information is furnished to WC Digital Skills, including as set out above. No such personal information will be forwarded to a third party without the permission of the relevant person or, in the case of a minor Student, that Student’s Parent, unless doing so is permitted by the Act and is by the purpose for which the information was furnished.
- Code of Conduct for Students
The following is the basic Code of Conduct for Students, which may be expanded upon in individual policies, procedures, or rules in place from time to time. Compliance by Students with all of WC Digital Skills’ prevailing policies, procedures, and rules is required at all times, details of which are available on the relevant WC Digital Skills website or learning management system. Students will be required to sign an undertaking to adhere to this Code each year.
5.1. All Students should always act with integrity and courtesy.
5.2. All Students should demonstrate honest and ethical behavior.
5.3. All Students should strive for academic excellence and take pride in their work.
5.4. All Students should respect the WC Digital Skills environment, the WC Digital Skills staff members as well as all other Students and the Parents.
5.5. All Students must comply with all the WC Digital Skills policies in force from time to time, including the Social Media and Online Community Policy, Academic Integrity Policy, and the Unauthorized Access to Online Platforms Policy set out in these Terms.
9.6. Students may not bring WC Digital Skills into disrepute.
9.7. Students may not, in the context of WC Digital Skills, Parents, Students, Educators, WC Digital Skills employees, and/or the school environment generally, discriminate against any person based on race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.
9.8. Students may not in the context of WC Digital Skills, Parents, Students, Educators, WC Digital Skills, employees, and/or the school environment generally, engage in disruptive or age-inappropriate behavior or use profane or inappropriate language.
- Social Media and Online Community Policy
The following is WC Digital Skills basic Social Media and Online Community Policy, which may be expanded upon in individual policies, procedures, or rules in place from time to time. Compliance by Students with all of WC Digital Skills’ prevailing policies, procedures, or rules is required at all times, details of which are available on the relevant WC Digital Skills website or learning management system.
6.1. No Student or Parent may, in the context of WC Digital Skills, Parents, Students, Educators, WC Digital Skills employees, and/or the school environment generally, post any content of any kind or make any statement or comment on any social media or other platform that:
6.1.1. discriminates against or disparages any individual based on race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language, or birth;
6.1.2. Constitutes or may constitute cyber-bullying in any form;
6.1.3. Contains personal information of any other person which may identify them or lead to them being identified;
6.1.4. constitutes or may constitute hate speech;
6.1.5. Is in a language other than English and cannot be translated by a free online translator such as Google Translate; and/or
6.1.6. contains advertising solicitations or links to any site or group that is not affiliated with WC Digital Skills.
6.2. WC Digital Skills reserves the right to remove any content, including any comments, posted on its systems (or any other platform in respect of which it has administrator rights) that would breach any aspect of any Code of Conduct or these Terms, and/or is factually erroneous or potentially defamatory or hurtful to any Student, Educator, Parent or other person associated with WC Digital Skills, or is unrelated to schooling, education or the school experience.
6.3. WC Digital Skills also reserves the right to suspend or block access to any social media platform it controls to any person who does not comply with the Codes of Conduct or these Terms. WC Digital Skills is not, however, responsible for any information or content provided, comments made or messages, images, or clips sent through, any messaging group on any platform that is not controlled by WC Digital Skills, or for any information, content, comments, messages, clips or images not posted by WC Digital Skills.
- Unauthorized Access to Online Platforms Policy
7.1 No Student may furnish any other person with their login details relating to WC Digital Skills, including their Learning Management Systems (e.g. Canvas, PowerSchool, and Zoom) login details (these include any login details issued to a Student, including a link issued or sent to a Student, by WC Digital Skills for any relevant platform).
7.2. Should unauthorized access to WC Digital Skills Learning Management System or any related platform be granted to a third party by a Student or through a Student failing to take reasonable care with the relevant login details, the Student will be liable for the actions of that third party utilizing such access, which may result in that Student’s expulsion.
- Limitation of Liability
Save in the case of WC Digital Skills’ willful misconduct, (1) WC Digital Skills will not be liable to any Parent, Student, PRFP, or another person under any circumstances for any indirect, consequential, special, or punitive damages arising from or in connection with the agreement of which these Terms form part, or WC Digital Skills relationship with such person or any affiliate or related person; and (2) WC Digital Skills aggregate liability to any Parent, Student, PRFP or other person under or in connection with the agreement of which these Terms form part or WC Digital Skills relationship with such person or any affiliate or related person, shall not exceed the fees paid under or in connection with the agreement of which these Terms form part during the calendar year in which any such claim is made. Save as required by law, no action, regardless of form, arising from or about the agreement of which these Terms form part, or WC Digital Skills relationship with any Parent, Student, PRFP, or other person, may be brought against WC Digital Skills by a party more than one year after such action has accrued.
WC Digital Skills
14 Rochester Road
West Beach
Cape Town—Western Cape
+27646684407
+254726474489