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Terms and Conditions

2017/196345/07

Mabili Learning (Pty) Ltd

Declaration

All Parents by enrolling their child/ren in our Career Kickstarter programme confirm and accept that they have read and are bound by these Terms and Conditions outlined in this document.

All Parents and Students undertake to comply with the Terms and Conditions set out in this document.

  1. Definitions
  1. 1 “Mabili” shall mean Mabili Learning (Pty) Ltd a private company having registration number: 2017/196345/07
    1. 2 “Career Kickstarter” shall mean Mabili’s assessment, upskilling and job profile programme.
  1. 3 “Code of Conduct for Students” shall mean the student’s code of conduct as outlined in clause 5 hereof.
  1. 4 “Code of Conduct for Parents” shall mean the code of conduct for parents as outlined in clause 7 hereof.
  1. 5 “Disciplinary Committee” shall mean the disciplinary committee set up by Mabili to preside over any breach of the Codes of Conduct.
  1. 6 “Educator” shall mean any individual educator in the employ of Mabili
    1. 7 Onboarding” shall mean when a student has been enrolled with Mabili and has been onboarded into Mabili’s systems.
  1. 8 “Parent” shall mean the Students Parent or Guardian.
  1. 9 “Student” shall mean any student who has been enrolled with Mabili.
  1. 10 ‘Systems’ means the collective systems the Mabili provides to deliver our programmes

2. Fees, Delivery and Payment

2.1 Parents acknowledge that programme fees are payable in advance, however, there exists facilities for monthly payment.
Payment may be made via Visa, MasterCard, or by bank transfer into our designated bank account at the Standard Bank of South Africa, account number: 00 033 980 6. Card transactions will be processed via DPO PayGate (Pty) Ltd who are an approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored in our systems in terms of our Protection of Personal Information Act policy these are separately from card details which are entered on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

2.2 Should any instalment on the account become overdue, the whole balance of the fee outstanding will immediately become due, owing and payable. No indulgence or grant of time by Mabili will constitute a waiver and Mabili reserves the right to deny access to our Systems.

2.3 All costs associated with cash deposits shall be borne by the Parent.

2.4 Login details to your enrolled courses will be forwarded within 24 hours of enrolment.

2.5 Mabili reserves the right to amend the fees and the Parent agrees and accepts that the fees may be amended from time to time.

2.6 Mabili is entitled to charge interest on any late payment of any fees due, owing, and payable. Mabili shall charge interest at the prescribed rate.

2.7 Mabili shall be entitled to charge a late payment fee, which fee shall be determined by Mabili and based on expenses incurred using debt collectors.

2.8 Mabili may, at its sole discretion, suspend any Student’s access to their Systems if any Parent fails to make payment of any fee and/or amount due, owing, and payable.

3. Privacy and Data Protection

3.1 All Students’ information is lawfully processed in accordance with the provisions of the Protection of Personal Information Act, No. 4 of 2013 (“the Act”).

3.2 Mabili is furnished with Student’ personal information. Said information is processed in accordance with the provisions of the Act and is used exclusively for the purpose upon which the personal information had been furnished. In the event the personal information received is forwarded to a third party, the personal information is forwarded to a third party in terms of the provisions of the Act or with the student’ parents’ permission and is forwarded to a third party for the exclusive use for which the information has been furnished for. It is important to note that Mabili processes the personal information in lawful and reasonable manner that does not infringe the privacy of the person furnishing Mabili with their personal information.

4. Termination

4.1 A Parent may cancel this contract no later than the 1st day of the month in which the notice is served. A full months’ notice must be in writing of this intention to withdraw the student from Mabili. Alternatively, a full month’s fees are payable to Mabili in lieu of the notice, as a reasonable cancellation fee considering the nature of the educational services and capacity planning. 

4.2 Mabili may terminate the relationship with any Parent upon the occurrence of the following events:

4.2.1 Non-payment of any fees owing to Mabili;

4.2.2 Expulsion of the Student from Mabili following a disciplinary hearing held by the Disciplinary Committee of Mabili; or

4.2.3 Any other material breach of these Terms and Conditions.

4.3 Termination of the relationship with Mabili by the Parent does not absolve the Parent of any school fees that are due, owing, and payable to Mabili. Parents will still be liable for the fees, even if the Parent submits their 1 (one) months’ notice, to the extent that the Student has attended class and services have been rendered by Mabili.

5. Code of Conduct for Students

5.1 No Student may bring Mabili into disrepute.

5.2 No Student may discriminate against any person based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.

5.3 All Students must always act with integrity and courtesy.

5.4 All Students must demonstrate honest and ethical behaviour.

5.5 All Students must strive for academic excellence and take pride in their work.

5.6 All Students must respect the Mabili environment, the staff members as well as fellow Students.

5.7 All Students must comply with and respect all Mabili policies.

5.8 No Student may engage in disruptive or age-inappropriate behaviour or use profane or inappropriate language.

6. Social Media Policy

6.1 No Student, Parent or employee may make any disparaging remarks about Mabili on any social media platform.

6.2 No Student, Parent or employee may bring Mabili into disrepute on any social media platform.

6.3 No Student, Parent or employee may make any statement or comment on social media that discriminates against any individual based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.

6.4 No Student, Parent or employee may make any disparaging comments on any social media platform regarding any other student/learner, educator, or management of Mabili.

6.5 Mabili reserves the right to remove comments, posted on-line, that contain unsubstantiated claims, baseless accusations or statements that are factually erroneous, libellous, or defamatory.

6.6 If any Student, Parent or employee contravenes clause 6.1 to 6.5 Mabili reserves the right to institute legal action against the contravening party, including but not limited to, interdictory relief or an action for defamation.

6.7 A Student may be suspended from Mabili’s Systems in the event that either the Student or Parent breaches any of the provisions of this clause 6. A Student may be suspended for as long as the breach persists.

7. Code of Conduct for Parents

7.1 No Parent may bring Mabili into disrepute.

7.2 No Parent may discriminate against any person based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

7.3 All Parents must always act with integrity and courtesy.

7.4 All Parents must demonstrate honest and ethical behaviour.

7.5 All Parents must respect the Mabili environment, staff members as well as.

7.6 All Parents must comply with and respect all the Mabili policies.

8. Academic Integrity Policy

8.1 No Student may plagiarise the work of any third party. Plagiarism is a form of academic dishonesty whereby a student intentionally takes and/or passes off and/or uses the work, publishing, thoughts, and ideas of another as their own work. Whether such work, publishing, thoughts, and ideas are used verbatim or paraphrased and the student has not acknowledged that the work, publishing, thoughts and ideas are that of another.

8.2 No Student may participate in cheating. Cheating is defined as the intentional act of dishonesty to gain an unfair advantage.

8.3 No Student may participate in a misrepresentation. Misrepresentation is the intentional fabrication or false presentation of data, quotations, sources, or other information.

8.4 Any Student accused of plagiarism, cheating or misrepresentation will face disciplinary procedures.   

8.5 Students are not allowed to communicate with one another in any manner or form for the full duration of an examination or assessment.

9. Social Media Messaging Groups

9.1 Mabili does not operate any official social media messaging groups, including but not limited to Parent or Student WhatsApp or Telegram groups.

9.2 Any social media messaging groups that do exist, are not run by Mabili, and therefore, is not responsible for any information spread on them. Furthermore, Mabili is not liable for any activities that occur on these social media groups.  

9.3 Mabili requires Parents to exercise caution, both their own, as well as on behalf on their child/ren, when it comes to engaging with social media messaging groups. 

9.4 Mabili strongly condemns any form of cyber-bullying. 

9.5 Mabili only uses our official channels of communication, which include email notifications, as well as System notifications, to communicate with Parents and Students.

10. Unauthorised Access to Mabili Systems

10.1 No Student may furnish any person with their System Login details.

10.2 In the event a Student has furnished their System Login details to any person, the Student shall be in violation of clause 10.1 of these Terms and Conditions and shall be subjected to disciplinary procedures.

10.3 In the event that a Student furnishes or has furnished any person with their System Login details and said action results in a third party, who has been furnished with the System Login details, gaining access to the Mabili Systems and disseminating inappropriate information and/ or images, including but not limited to pornographic material, profanity or images including profanity, may be immediately expelled and will be reported to the Cyber Crimes Unit South African Police Services.

11. Disciplinary Procedures

In case of a violation of any provision prescribed in the Code of Conduct for Students, Academic Integrity Policy and/or any other rule applicable to the students of Mabili, the following disciplinary procedure will be followed:

11.1 Less Serious Misconduct

11.1.1 Where infringements are not considered serious, or do not require formal disciplinary action in the opinion of Mabili, such infringements can be dealt with on an informal basis.

11.1.2 Informal disciplinary procedures may include any of the following:

a) counselling of the Student;

b) the issuing of a verbal warning to the Student; or

c) the issuing of a written warning to the Student.

11.2 Serious Misconduct:

11.2.1 Where a Student makes himself/herself guilty or serious misconduct or continuously makes himself/herself guilty of less serious misconduct, formal disciplinary procedures may be implemented against the Student at the discretion of Mabili.

11.2.2 Formal disciplinary procedures will entail a formal disciplinary hearing.

11.3 Disciplinary Hearings

11.3.1 The disciplinary hearing will be conducted by a Disciplinary Committee appointed by Mabili under the direction of a chairperson.

11.3.2 The Disciplinary Committee shall consist of at least three persons without prior knowledge of the charges brought against the Student. Mabili may appoint a specialist or independent third party to act as Chairperson during the disciplinary hearing of a Student.

11.3.3 The Disciplinary Committee is expected to keep proper record of the disciplinary proceedings, which record can be in electronic form.

11.3.4 The Student and his/her parents will be issued with a written notice of disciplinary hearing incorporating a charge sheet. The notice will include the date, time and venue of the disciplinary hearing and the charge sheet must contain sufficient information on the date, place, and nature of the alleged transgression.

11.3.5 Should the disciplinary hearing take place on an electronic platform, the Student and his/her parents or representative are required to ensure that they have access to the necessary equipment and data for purposes of attending the disciplinary hearing.

11.3.6 No evidence will be shared between the parties prior to the disciplinary hearing.

11.3.7 At least five (5) school days must lapse between the delivery of the notice and the hearing.

11.3.8 Should the Student still be under the age of eighteen (18) years of age, the Student must be assisted during the disciplinary hearing by his/her parent or another adult person of the Student’s choice.

11.3.9 Should the Student wish to be represented by a legal practitioner or advocate during the disciplinary proceedings, the Student and his/her parents must apply in writing to the Chairperson of the Disciplinary Committee for legal representation to be allowed at least two (2) days before the disciplinary hearing. This application must include reasons why legal representation is necessary under the circumstances.

11.3.10 Should the Student and/or his/her parents or guardians, and / or representative fail to attend the disciplinary hearing despite proper notification, the hearing may proceed in their absence.

11.3.11 During the disciplinary hearing, both Mabili and the Student will be afforded the opportunity to present their case by calling witnesses, submitting documents, showing video material or any other relevant evidence.

11.3.12 Both Mabili and the Student will be afforded the opportunity to cross-examine each other’s witnesses and scrutinise other evidence submitted during the disciplinary hearing.

11.3.13 Following the evidence presented by all parties, the Disciplinary Committee shall determine whether the Student is guilty or not guilty based on a balance of probabilities with reference to evidence presented. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling herein.

11.3.14 Should the Student be found guilty, both the Student and Mabili shall receive another opportunity to testify and / or make representations on mitigating and/or aggravating circumstances for consideration by the Disciplinary Committee in determination of an appropriate sanction. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling herein.

11.3.15 Following a disciplinary hearing and if the Student has been found guilty of serious misconduct, the Disciplinary Committee may impose any reasonable sanction with reference to the seriousness of the misconduct and any other relevant information or circumstances, which may include, but is not limited to, the expulsion of the Student from Mabili.

11.3.16 The final outcome and sanction (if any) must be communicated to the Student and his/her parents withing five (5) school days after the disciplinary hearing. The outcome and sanction determined by the Disciplinary Committee is final and no appeal will be allowed.

12. Credit Checks

12.1 The Parent consents to and authorises Mabili to contact, request and obtain information at any time from any registered credit bureau in order to assess the creditworthiness of the Parent. The Parent further consents and authorises Mabili to provide information about the creditworthiness of the Parent to any registered credit bureau or credit provider seeking a reference regarding the debtor’s dealings with Mabili.

13. General

13.1 Mabili shall only use lesson recordings for any educational purpose, so long as such use is in accordance with the Protection of Personal Information Act, 2013.

14. Address
Unit 6, 37 George Street, Bryanston, Sandton, South Africa