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TERMS AND CONDITIONS

INTERNATIONAL ACADEMY OF HEALTH AND SKINCARE(PTY)LTD


(“The Academy”) (Company Registration No. 2004/008245/07)

“Registered with the Department of Education as a private higher education institution under the Higher Education Act, 1997 Provisional Reg.: Certificate No: 2009/HE07/001”

1.I hereby acknowledge that:

1.1The Academy makes no warranties in regard to the Course, save that if in the sole discretion of the Academy, the student obtains a satisfactory attendance record and passes all the prescribed exams, he or she shall obtain the qualifications and receive the relevant certificates.

1.2The Academy reserves the right to amend and vary the curriculum at any time and shall have sole discretion in- regard to the timetable provided for the course, as well as which lecturers are employed by the Academy to lecture such courses.

2.International Academy of Health and Skin Care Programmes

2.1A full registration by a student shall be for the entire period/duration of the course registered for.

3.Cancellation
3.1If the consumer or the student (where the customer is not also the student) registered in an academic year wishes to cancel their enrolment for that year, the following conditions shall apply:

3.2 Complete a cancelation form
3.3 A consumer or the student may cancel his/her enrolment for the current academic year of study as a whole and shall be exonerated from liability for the tuition fees (but excluding the registration fee and the cost of notes/books, both of which remain payable, and default administration charges which International Academy of Health and Skin Care will be entitled to levy) provided that International Academy of Health and Skin Care is informed in writing no later than 4 (four) weeks prior to the commencement of the academic year in question and with written confirmation of receipt of such cancellation having been furnished by International Academy of Health and Skin Care. Should the consumer/student wish to cancel such registration and such cancellation is within the 4 (four) week (full-time), 2 (two) week (part time) notice period required in terms of this contract then the consumer/student shall be liable to pay the reasonable cancellation costs that International Academy of Health and Skin Care has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer/student hereby agrees to, by his/her signature hereto. However, at the discretion of International Academy of Health and Skin Care, and subject to the parties reaching agreement on the relevant terms and conditions, full tuition value may be given instead, within the same academic year, to the consumer (at the election of the consumer/student) to a member of his /her immediate family.

3.4 Any consumer/student shall only be entitled to cancel under this clause up until 31 March of the year of registration (full time), whereafter any cancellation will not result in any reduction of fees payable for the entire course. All cancellations are subject to approval by the cancellation committee and on such terms and conditions as it may determine. All part-time students are not allowed to cancel any course after commencement and there will be no refund after the notice period stated above.

4.
General

4.1 I understand that my tuition fees and/or hostel fees must be paid in full before August annually. If I leave the Academy I understand that must notify the CEO and the Accounts Manager in writing or via email.


4.2 Should it be necessary for a student to take a substitute theory or practical examination, test, assignment and or case study this will be at a cost of R100.00 per examination for first substitute exams. Second substitute examinations will be at a cost of R250.00 each and every substitute examination thereafter.

4.3 Students whose fees are not paid in full shall not be registered for any examinations whatsoever. Neither shall they be entitled to receive any test or examination results i.e no report, nor will registration for the second year be permitted.

4.4 Due to necessity the Academy prescribes to a debt collecting agency used by most Academies and learning institutions. Should fees not be paid by end of October all outstanding accounts will be handed over to the agency for collection. Interest (see 4.5 blow) and collection costs will be for your account. Should any difficulties arise in payment of accounts kindly contact the Accounts Manager timeously on (021) 4216661 so as to avoid this drastic step.

4.5 Interest shall be payable on the monies die to the Academy at the maximum legal interest rate, from the date it falls due. I upon registration acknowledge that I shall be liable to the Academy for all legal expenses on the Attorney to own client scale incurred by the Academy in the event of (a) any default or (b) any litigation in regard to validity and enforceability of this terms and conditions and learner contract. The student acknowledge that he/she will be liable for any tracing, collection or valuation fees incurred as well as any for any costs.

4.6 It is the responsibility of the student to ensure that the Kit Books etc. are covered by their insurance. The International Academy of Health and Skin Care Pty Ltd will not be held liable for any breakage or loss or theft of the said items.

4.7 The student hereby waiver all claims against the Academy for any damage or loss suffered while they are, or as a consequence of them being a student of the International Academy of Health and Skin Care and arising out of death, bodily injury, loss of health or illness suffered by them or any other person and loss or destruction of, or damage to, any property belonging to them or any other person, howsoever such damage or loss is caused, including but not limited to the negligence of the International Academy of Health and Skin Care or any official, employee or representative of the Academy.
The Student or his/her estate hereby indemnifies the International Academy of Health and Skin Care Pty Ltd against any claim by any person arising in any way as contemplated above or in respect of my own negligent or willful acts or omissions.


4.8 The student shall not, reason of his/her failure to attend lectures, be entitled to a reduction in fees, nor will it absolve the consumer/student (where the consumer is not the student) from full liability for the payment of the full fees and other charges. Once a student has commenced attending lectures the student may not cancel this agreement except as provided for herein. The full fee is payable after 2 (two) non-payment of instalments of payment plans. Should any payment not be made for a period of 2 (two) consecutive moths then the student and/or the person responsible for payment hereby agree and acknowledge that such student will be barred from attending campus and/or tuition until such time as satisfactory arrangements have been made with International Academy of Health and Skin Care. International Academy of Health and Skin Care reserves the right to exclude a student more than once from its campus.


4.9 No consensual or other cancellation of this contract shall be of any force or effect without the written consent thereto by an authorized director or authorized official of International Academy of Health and Skin Care. The consumer/student is hereby informed that no verbal agreements by any person shall be of force and effect unless the consumer/student has such cancellation confirmed in writing form the International Academy of Health and Skin Care Cancellation Committee. The student by his/her signature hereto is made aware of the provisions of this clause and hereby acknowledge acceptance thereof. Refunds will take a minimum of 90 (ninety) days to be paid, from date of approval by the Cancelation Committee. By his/her signature hereto the person responsible or standing surety for the payment of fees and/or any amounts due under/or in terms hereof hereby irrevocably authorises International Academy of Health and Skin Care to perform such credit checks as it may in its sole discretion determine with any recognized credit bureau or the like. No person shall be entitled to claim a refund in the event that a course had commenced and has been effective for more than a period of 2 (two) weeks.


4.10 The right to attend lectures and write exams is not transferable. Accordingly, the student shall attend all lectures in person and shall be the only person entitled to write examinations in respect of the subjects forming part of the International Academy of Health and Skin Care programme for which the student has enrolled. Under no circumstance will ANY STUDENT be permitted to write exams if any amount is outstanding and the full fees and other amounts due under this contract are not paid in full prior to such exam.


4.11 The student/consumer (where the consumer is not a student) accepts that International Academy of Health and Skin Care shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefore. International Academy of Health and Skin Care shall further have the right to alter timetables and programme commencement dates as its own discretion, on written notice to the student/consumer. The student/consumer hereby acknowledges and accepts that International Academy of Health and Skin Care shall have the right at all times to vary the terms and conditions hereof. International Academy of Health and Skin Care shall post such alterations and/or additions and/or variations on its website (www.internationalacademy.co.za) as soon as is practical in the circumstances, and the student’s attention is drawn to the provisions hereof and the student/consumer undertakes to visit such website regularly to ensure that the student/consumer is fully informed of such.

4.12 International Academy of Health and Skin Care shall have the right in its sole
discretion, to postpone and/or cancel tuition in any programme initially advertised and offered, on the basis of insufficient demand. International Academy of Health and Skin Care shall be entitled to combine classes of a similar academic level and content.

4.13 The registration fee paid in terms hereof is non-refundable. Should a student fail his matric or equivalent examinations, International Academy of Health and Skin Care shall at its own discretion offer to the student an alternative, if the student qualifies for any alternative.

4.14 International Academy of Health and Skin Care will be entitled to create and apply rules (including due performance requirements) and the student hereby agrees to be bound by such rules. International Academy of Health and Skin Care shall be entitled to exclude the student form lectures and examinations (without in any way detracting from the right of International Academy of Health and Skin Care to recover fees payable), and to withhold a student’s results (or the student’s examination results) should the student or the consumer, as the case may be, fail to comply with any of the terms of this agreement.

4.15 The student/consumer shall be liable for all costs incurred by International Academy of Health and Skin Care, including, but not limited to attorney and client fees, collection charges and tracing charges in enforcing the obligations of the student under this agreement, to the maximum extent permitted by the National Credit Regulator.

4.16 The student/consumer shall be responsible for all fees and other charges not reflected on the invoice which may include but is not limited to external institute membership fees, external examination fees, notes, books, stationary or other items.

4.17 The student/consumer (where the consumer is not also the student) is responsible for ensuring that he/she has been properly registered with any relevant external institute of examining body, where applicable, and the he/she or the student/consumer (where the consumer is not also the student) must ensure that confirmation of being registered for examinations is received form such institute or body and that all relevant fees have paid by the student/consumer.


4.18 In the case of an extraordinary event or circumstances beyond the control of such parties, such as war, strike, riot, crime, act of God (e.g. earthquake, volcano), International Academy of Health and Skin Care will be entitled to suspend lectures and temporarily close any campuses affected thereby. The student/consumer (where the consumer is not also the student) shall not by reason of such suspension or closure be entitled to terminate this agreement or claim a refund, fees paid or a reduction on fees payable or any compensation from International Academy of Health and Skin Care.


4.19 No relaxation, variation, or indulgence granted by International Academy of Health and Skin Care to the student/consumer (where the consumer is not also the student) shall constitute a waiver of any rights vesting in International Academy of Health and Skin Care in terms hereof, and no reliance may be placed by the consumer or signatory hereto or any statement or representation (whether oral, tacit or otherwise) not contained herein. Neither shall such indulgence granted operate as an estoppel against International National Academy of Health and Skin Care.

4.20 All correspondence must be by way of registered mail, telefax or by hand delivery to International Academy of Health and Skin Care’s premises. All correspondence must be received and signed for by International Academy of Health and Skin Care prior to the applicable cut-off date where applicable. It is the responsibility of the student to ensure that he/she obtains confirmation in writing from International Academy of Health and Skin Care on receipt of any documentation.

4.21 In the event of the signatories to this agreement, having completed this form incorrectly and/or having signed and incorrectly completed form, or the payment details herein not being in accordance with the requirements of International Academy of Health and Skin Care, International Academy of Health and Skin Care shall be entitled to reject the student’s application or to require the student to complete a new application. International Academy of Health and Skin Care may not be held responsible for such errors or consequences hereof.

4.22 Any student/consumer (where the consumer is not the student) who receives a promotional item as a result of this enrolment contract, hereby acknowledges that International Academy of Health and Skin Care is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be. The student acknowledges, where applicable that she/he has read the terms and conditions appearing on the website in regard to the promotional items.
4.23The student accepts, as stipulated in the International Academy of Health and Skin Care Assessment Policy (which shall be deemed to form part of this agreement) that as part of the assessment of the program, the student must fulfil certain academic requirements, which may include (but are not limited to0 the completion and/or sign-off of a Portfolio of Evidence or other forms of assessment. The student understands that submission of any academic work should be the intellectual work of the student. Should submission of any academic work not be that of the student, it will constitute fraud, which may result in the expulsion of the student.

4.24 Students will not be allowed on campus if their accounts are in arrears. International Academy of Health and Skin Care will not issue any student with a certificate/diploma/award if any outstanding amount is not paid by the student. The student / consumer by their signature hereto, herby specifically agrees to the same.

5.Legal Declaration and Indemnity


5.1 Neither International Academy of Health and Skin Care not any official employee or representative of International Academy of Health and Skin Care acting in his/her capacity as such shall be liable for any damages arising out of:

5.2 The death, bodily harm, loss of health or illness of any customer caused; and
5.3 The distraction of and/or damage and/or loss and/or theft of any property owned by or
in the custody of any customer, however caused.

5.4 The student/customer hereby indemnifies International Academy of Health and Skin Care against any claim made (whether for damage, cost, or otherwise) against International Academy of Health and Skin Care in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student.

5.5 The student by his/her signature hereto hereby confirms that he/she is fully aware of the type of course and/or programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of courses and that he/she has fully understood he course that he/she registers for and is indeed the course that he/she wants to register for and that no representation have been made other than those contained in the official brochure. The student/consumer hereby indemnifies International Academy of Health and Skin Care Pty Ltd against any claim they may have. The student is further aware of the factsheet in respect of the programme/course enrolled and confirms that it accurately reflects the qualification to be conferred and the type pf programme/ course registered for.


6.Protection of personal information

The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as “POPI’). The personal information received shall not be further processed or disclosed without the consent of the disclosing party. The student/consumer herby authorises International Academy of Health and Skin Care or any other authorised member of the management team to use, review and process any personal information provided to International Academy of Health and Skin Care and to use same in the manner that International Academy of Health and Skin Care sees fit. The person signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their personal information, and herby give consent to International Academy of Health and Skin Care to collect, process and distribute relevant personal information where International Academy of Health and Skin Care is legally required, and/or obliged to do so. They also consent to any third -party service providers to have access to their personal information and consent to International Academy of Health and Skin Care sharing the same. The person signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmissions and use by International Academy of Health and Skin Care.

7.Accompanying Documents. The following material must accompany this application, namely:

7.1 The original and certified copy of the front page of the student’s valid identity book (if a South African citizen);

7.2 Certified copies of student’s study permit and front page of valid passport (if not a South-African citizen);

7.3 Where applicable, original and certified copies of Matriculation (Grade 12) Certificate, or symbols, or School Leaver’s Certificate. If the student is awaiting matriculation results, these must be furnished as soon as they become available; and any event prior to commencement of the course registered for; Original and certified copies of Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to International Academy of Health and Skin Care.

7.4 Original and certified copies of Confirmation of Institute Enrolment where applicable.

7.5 If a payment option other than full settlement is selected, the student/company/guarantor/surety must submit:

7.5.1 Proof of income, being in respect of permanently employed persons
7.5.2 The original and certified copies of the 3 (three) most recent salary advice or 3 (three) months’ bank statements for self- employed person
7.5.3 Proof of residence of account payer

7.6 Supporting documentation, should the student require additional time for examinations. The student/consumer (where the consumer is not also the student) acknowledges that this agreement shall only come into force once the enrolment form is duly completed, the correct documentation is attached and an invoice is issued to the student upon payment of the required registration fee and minimum required deposit.

8. Rules and Regulations

The student/ consumer by his/her signature hereto herby acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she attends and acknowledges that he/she can be disciplined in terms thereof. The student/consumer further acknowledges that right of admission to International Academy if Health and Skin Care’s campus is strictly reserved and International Academy of Health and skin Care may, at its own discretion refuse admittance to any student and/or consumer.

9. Address for service and receiving of documents (Chosen Domicilium)

International Academy of Health and Skin Care and the student/consumer (where the consumer is not also the student) respectively choose as their domicilium addresses for the service of legal documents the address listed on the front page of this agreement. Any party to this agreement may change its address by delivering to the other party a written notice of the new address in the manner specified in the National Credit act, and any delivery made or attempted at such domicilium address chosen by the student shall be proof of student/consumer warrants that such address at which delivery of all material and/or study notes, etc. is to be effected and indemnifies International Academy of Health and Skin Care against claim for delivery of student materials, should International Academy of Health and Skin Care be able to show attempted delivery.

10.Entire Contract

The terms and conditions contained herein as well as the terms contained on the International Academy of Health and Skin Care website (www.internationalacademy.co.za) shall be the entire contract between the student/consumer and no alteration and/or any verbal representation and/or variation or amendment will be of any force and effect unless such is reduced to in writing and hand signed by all parties hereto. Electronic communication such as email etc. shall be not be construed as being written agreements between the parties and are specifically excluded as is electronic signatures as being valid for this purpose.


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