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Terms & Conditions
Introduction
READ THESE TERMS CAREFULLY, AND CONTACT US IF YOU HAVE ANY QUESTIONS. BY USING OUR SERVICES OR REGISTERING FOR A COURSE, YOU AGREE TO BE BOUND 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 YOU MAY NOT REGISTER FOR A COURSE, OR USE OUR SERVICES.
This Agreement ("Terms") sets out the terms and conditions that govern your use of Deviare’s products and services (including website services and course content), as well as your registration for any course or other program/programme ("Course") offered by Deviare. By clicking on the 'ENROL' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published, available or provided on www.deviare.africa (the "Website"), which is owned, maintained and monitored by Deviare Private Limited ("Us", "We" or "Our").
This Agreement ("Terms") sets out the terms and conditions that govern your use of Deviare’s products and services (including website services and course content), as well as your registration for any course or other program/programme ("Course") offered by Deviare. By clicking on the 'ENROL' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published, available or provided on www.deviare.africa (the "Website"), which is owned, maintained and monitored by Deviare Private Limited ("Us", "We" or "Our").
Definitions
2.1 OSL - Online Self Learning: A mode of learning where the learner accesses prerecorded video content and assessments online at their own pace and convenience.
2.2 LVC - Live Class: A mode of learning where the learner attends live sessions with an instructor and other learners via an online platform.
2.3 ELVC - Exclusive Live Class: A mode of learning where the learner attends live sessions with an instructor and a limited number of other learners via an online platform, allowing for more interaction and personalization.
2.4 GLVC - Global Live Class: A mode of learning where the learner attends live sessions with an instructor and many other learners from different countries and regions via an online platform, allowing for more diversity and exposure.
2.5 EFT - Electronic Funds Transfer: A method of payment where the learner transfers money electronically from their bank account to the course provider’s bank account, without using cash or cheques.
2.6 OSL Only Course: A course that is only available in the OSL mode of learning and does not have any live sessions or instructor support.
2.7 Single Course: A course that covers a specific topic or skill and can be completed independently without any prerequisites or follow-ups.
2.8 Learning Path: A series of courses that are designed to help the learner achieve a certain goal or certification and have a recommended order and progression.
2.2 LVC - Live Class: A mode of learning where the learner attends live sessions with an instructor and other learners via an online platform.
2.3 ELVC - Exclusive Live Class: A mode of learning where the learner attends live sessions with an instructor and a limited number of other learners via an online platform, allowing for more interaction and personalization.
2.4 GLVC - Global Live Class: A mode of learning where the learner attends live sessions with an instructor and many other learners from different countries and regions via an online platform, allowing for more diversity and exposure.
2.5 EFT - Electronic Funds Transfer: A method of payment where the learner transfers money electronically from their bank account to the course provider’s bank account, without using cash or cheques.
2.6 OSL Only Course: A course that is only available in the OSL mode of learning and does not have any live sessions or instructor support.
2.7 Single Course: A course that covers a specific topic or skill and can be completed independently without any prerequisites or follow-ups.
2.8 Learning Path: A series of courses that are designed to help the learner achieve a certain goal or certification and have a recommended order and progression.
Detailed Description of Good & Services
3.1 Deviare is a Digital Transformation Company founded in June 2017. Our Purpose is to help organisations build Capability and Capacity for Digital Transformation through our Scalable digital skills transformation Platform.
3.2 Deviare offers a comprehensive range of courses in digital skills training, covering topics such as web development, graphic design, digital marketing, data science, and more. Whether you are a beginner or an expert, you will find a course that suits your needs and goals.
3.3 You will learn from experienced instructors, get access to online resources and support, and earn a certificate of completion. Plus, you will enjoy flexible learning options that fit your schedule and budget.
3.2 Deviare offers a comprehensive range of courses in digital skills training, covering topics such as web development, graphic design, digital marketing, data science, and more. Whether you are a beginner or an expert, you will find a course that suits your needs and goals.
3.3 You will learn from experienced instructors, get access to online resources and support, and earn a certificate of completion. Plus, you will enjoy flexible learning options that fit your schedule and budget.
Enrolment
4.1 ONLINE COURSES: All Deviare Course are delivered Online. Courses can be assessed using the "Deviare Platform" website link provided to you with your registration. All Course-related documentation is provided in electronic format and can be accessed through your Deviare Platform.
4.1.1 All courses must be completed within twelve (12) months from date of activation. Failure to do so will result in the forfeiture of associated fees.
4.1.2 The user hereby acknowledges that they have read the pre-requisites for the course(s) listed on the enrolment form and understands that it is up to them to ensure that they meet the criteria before attending the course(s). Deviare will not be responsible if the student is unable to complete the course if these pre-requisites have not been met.
4.1.3 The user hereby acknowledges that the successful completion of courses necessitates that they attend and obtain a minimum score set out in the course completion criteria. Failure to satisfy the course completion criteria by the user, will result in in course being marked as “incomplete” and user will not be able to download the certificate.
4.2 LIVE VIRTUAL CLASS (LVC) SESSIONS
4.2.1 Courses that offer LVC sessions will have a section dedicated to this element of training on the platform. Users are not automatically enrolled for these sessions but need to register for them. Registration is simple, users must select the LVC session they want to attend for that session and select register on the platform.
4.2.2 These LVC sessions are open to all users that have registered for the course globally, hence they are referred to as Global Live Virtual Classes (GLVC).
4.2.3 Users must take note of the minimum number of GLVC sessions that they must attend to satisfy the course completion criteria.
4.3 PROJECT SUBMISSION:
4.3.1.1 Where applicable, Projects are required as part of the course completion criteria. 4.3.1.2 Where this is the case, users will follow the instructions to complete the project under assessments and submit the completed project on the platform.
4.3.1.3 The average lead time to mark projects is 7 days from the date of submission and users must pay attention to the minimum pass mark of the project. The platform may allow multiple attempts to the assessment should the candidate fail their first attempt. The multiple attempts are available per course and may not always be available to the user.
4.4 ASSESSMENT COMPLETION
4.4.1.1 Where applicable, Assessments are required as part of the course completion criteria. 4.4.1.2 Where this is the case, users will follow the instructions to complete the assessment under assessments tab and must submit the complete the assessment on the platform.
4.4.1.3 The is marked by the platform and the results are available after submitting the assessment. The platform may allow multiple attempts to the assessment should the candidate fail their first attempt. The multiple attempts are available per course and may not always be available to the user.
4.5 CERTIFICATES:
4.5.1 Certificates of completion (as indicated on the Certification section of the course element) are downloadable once the user satisfies all the course completion criteria of the course or learning path.
4.5.2 A Certificate of completion will be issued to you in your legal name that you provide to us during the registration process. Certificates are currently issued in English.
4.1.1 All courses must be completed within twelve (12) months from date of activation. Failure to do so will result in the forfeiture of associated fees.
4.1.2 The user hereby acknowledges that they have read the pre-requisites for the course(s) listed on the enrolment form and understands that it is up to them to ensure that they meet the criteria before attending the course(s). Deviare will not be responsible if the student is unable to complete the course if these pre-requisites have not been met.
4.1.3 The user hereby acknowledges that the successful completion of courses necessitates that they attend and obtain a minimum score set out in the course completion criteria. Failure to satisfy the course completion criteria by the user, will result in in course being marked as “incomplete” and user will not be able to download the certificate.
4.2 LIVE VIRTUAL CLASS (LVC) SESSIONS
4.2.1 Courses that offer LVC sessions will have a section dedicated to this element of training on the platform. Users are not automatically enrolled for these sessions but need to register for them. Registration is simple, users must select the LVC session they want to attend for that session and select register on the platform.
4.2.2 These LVC sessions are open to all users that have registered for the course globally, hence they are referred to as Global Live Virtual Classes (GLVC).
4.2.3 Users must take note of the minimum number of GLVC sessions that they must attend to satisfy the course completion criteria.
4.3 PROJECT SUBMISSION:
4.3.1.1 Where applicable, Projects are required as part of the course completion criteria. 4.3.1.2 Where this is the case, users will follow the instructions to complete the project under assessments and submit the completed project on the platform.
4.3.1.3 The average lead time to mark projects is 7 days from the date of submission and users must pay attention to the minimum pass mark of the project. The platform may allow multiple attempts to the assessment should the candidate fail their first attempt. The multiple attempts are available per course and may not always be available to the user.
4.4 ASSESSMENT COMPLETION
4.4.1.1 Where applicable, Assessments are required as part of the course completion criteria. 4.4.1.2 Where this is the case, users will follow the instructions to complete the assessment under assessments tab and must submit the complete the assessment on the platform.
4.4.1.3 The is marked by the platform and the results are available after submitting the assessment. The platform may allow multiple attempts to the assessment should the candidate fail their first attempt. The multiple attempts are available per course and may not always be available to the user.
4.5 CERTIFICATES:
4.5.1 Certificates of completion (as indicated on the Certification section of the course element) are downloadable once the user satisfies all the course completion criteria of the course or learning path.
4.5.2 A Certificate of completion will be issued to you in your legal name that you provide to us during the registration process. Certificates are currently issued in English.
Payment
5.1 Students who do not have credit facilities with Deviare through their employer/sponsoring entity, need to ensure that payment is received before the start date of the training course, otherwise he / she will not be allowed to attend.
5.2 Payment by means of EFT, wire transfer, credit card, or Company Purchase Order, is preferred. The acceptance of any Proof of Payment, as presented by a student, will be at the sole discretion of management and is not guaranteed.
5.2 Payment by means of EFT, wire transfer, credit card, or Company Purchase Order, is preferred. The acceptance of any Proof of Payment, as presented by a student, will be at the sole discretion of management and is not guaranteed.
Customer Privacy Policy
6.1 Deviare shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Customer Details Separate From Card Details
7.1 Customer details will be stored by Deviare separately from card details which are entered by the client on DPO PayGate’s secure site.
7.2 For more detail on DPO PayGate refer to www.paygate.co.za
7.2 For more detail on DPO PayGate refer to www.paygate.co.za
Variation
8.1 Deviare may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Cancellation & Refunds
9.1 Users are entitled to request a refund within 7 days of purchase of course and full purchase price will be refunded (money back guarantee). However, the money back guarantee is forfeited if the user has accessed and consumed more than 5% of the course content or downloaded the E-Book or the recording of the Live Virtual Class Session. Any cancellation request beyond 7 days of purchasing the license will not be accepted and no refund will be provided.
9.2 Refund request can be initiated in two ways
9.2.1 From my orders section, by clicking on “Initiate Refund” against specific item of an order. This will work when item quantity is one.
9.2.2 In case the user cannot process the refund request on the Deviare eCommerce website, the user may send an email to our support team (learningacademy@deviare.africa) for our customer support team to help you with the refund. 9.3 Refunds: Duplicate payment
9.3.1 Refund of the duplicate payment made by the delegate will be processed via the same source (original method of payment) in 10 working days post intimation by the customer.
9.3.2 Refunds for duplicates are subject to clause 4.1 above. Note: All refunds are subject to an administration fee of R650.00 and will be processed within 10 working days after the refund request is approved by Deviare
9.2 Refund request can be initiated in two ways
9.2.1 From my orders section, by clicking on “Initiate Refund” against specific item of an order. This will work when item quantity is one.
9.2.2 In case the user cannot process the refund request on the Deviare eCommerce website, the user may send an email to our support team (learningacademy@deviare.africa) for our customer support team to help you with the refund. 9.3 Refunds: Duplicate payment
9.3.1 Refund of the duplicate payment made by the delegate will be processed via the same source (original method of payment) in 10 working days post intimation by the customer.
9.3.2 Refunds for duplicates are subject to clause 4.1 above. Note: All refunds are subject to an administration fee of R650.00 and will be processed within 10 working days after the refund request is approved by Deviare
Intellectual Property Rights
10.1 While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, you acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.
10.2 You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
10.2 You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
Limitations of Liability
11.1 You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
11.2 The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
11.3 You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
11.4 You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the certification training course.
11.2 The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
11.3 You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
11.4 You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the certification training course.
Payment Options Accepted
12.1 Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Deviare bank account, the details of which will be provided on request.
Card Acquiry & Security
13.1 Customer Card transactions will be acquired forDeviare via PayGate (Pty) Ltd who are the 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 Separate From Card Details
14.1 Customer details will be stored by Deviare separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
Recovery
15.1 In the event of any action being required to recover monies, or any action by Deviare in terms of these terms and conditions, the student/company hereby acknowledges that it will be liable for legal costs on the scale as between attorney and own client, which costs shall include costs of a tracing agent and collection commission.
Merchant Outlet Country & Transaction Currency
16.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Domiclium Citqandi Et Executandi
18.1 The Parties choose as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following physical and email addresses:
18.1.1 the Company: Deviare
Physical: 52 Old Kilcullen Road, Hurlingham, Sandton, Gauteng
18.1.2 the Student/Company:
Physical: the physical address set out in the Registration form / Contract
Email: the email address set out in Registration form / contract
18.2 Any notice of communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing, but it shall be competent to give notice by email.
18.3 Either Party may by notice to the other Party change the physical address chosen as its domicilium citandi et executandi to another physical address in South Africa or its email address, provided that the change shall become effective on the 7th (seventh) business day from the receipt of the notice by the other Party.
18.4 Notwithstanding anything to the contrary herein contained a written notice or communication received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
Jurisdiction
19.1 This Agreement will be construed in accordance with and governed by the laws for the time being in force in South Africa and the parties irrevocably submit to and accept the exclusive jurisdiction of the courts of South Africa.
General Provisions
20.1 No amendment or consensual cancellation of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement shall be binding unless recorded in a written document signed by the Parties (or in the case of an extension of time, waiver or relaxation or suspension, signed by the Party granting such extension, waiver or relaxation). Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
20.2 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement shall operate as an estoppel against any Party in respect of its rights under this agreement, nor shall it operate to preclude such Party thereafter from exercising its rights strictly in accordance with this Agreement.
20.2 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement shall operate as an estoppel against any Party in respect of its rights under this agreement, nor shall it operate to preclude such Party thereafter from exercising its rights strictly in accordance with this Agreement.
Prohibited Use
21.1 You are prohibited from doing the following:
21.1.1 Making available copies of the Course content on a network server or web server for use by others.
21.1.2 Using, displaying or otherwise making available the Course content (or any portion thereof), or any other materials, to third parties in an electronic or print format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the Course content by any other means.
21.1.3 Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or your rights granted to you under these Terms
21.1.4 Reverse engineering, decompiling, or disassembling any software that is contained within Course content and
21.1.5 Removing any notice of copyright, trademark or any other proprietary right from any place where it is displayed on or embedded in the Course content
21.1.1 Making available copies of the Course content on a network server or web server for use by others.
21.1.2 Using, displaying or otherwise making available the Course content (or any portion thereof), or any other materials, to third parties in an electronic or print format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the Course content by any other means.
21.1.3 Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or your rights granted to you under these Terms
21.1.4 Reverse engineering, decompiling, or disassembling any software that is contained within Course content and
21.1.5 Removing any notice of copyright, trademark or any other proprietary right from any place where it is displayed on or embedded in the Course content
Platform Capacity
22.1 Online Course may not be compatible with all mobile devices, including smartphones and tablets. In order to access and participate effectively in your Online Courses you require access to a desktop computer or a laptop computer. You will be responsible for the cost of internet access and of any upgrades required to your computer or laptop yourself.
Company Information
23.1 This website is run by Deviare (Pty) Ltd (private company) based in South Africa trading as Deviare and with registration number 2017/263701/07 and Baxolile V Mabinya and Lubabalo Z Dyantyi (Director(s)/Owner(s))
Company Contact Details
24.1 Company Physical Address: 52 Old Kilcullen Road, Hurlingham, Sandton, Gauteng, 2070
24.2 Email: finance@deviare.co.za
24.3 Telephone: +27 10 595 8522
24.2 Email: finance@deviare.co.za
24.3 Telephone: +27 10 595 8522