ONLINE TERMS AND CONDITIONS OF SERVICE

 

1. DEFINITIONS

 

  • AFSA                               Arbitration Foundation of Southern Africa.

  • CPA                                 Consumer Protection Act 68 of 2008.

  • Emancipated Minor      Someone who has not yet reached the Majority Status, but has, by court order or actions become, independent of his/her parents, guardian(s) and/or                                            other adult supervisors. Among the rights granted to an Emancipated Minor is the right to enter into certain binding legal contracts.

  • Entry Requirements     The minimum prescribed course requirements required for a User to gain admittance and access to any  Online Course offered by Forge Academy from                                          time-to-time, details of which are set out in each Online Course manual, prospectus, enrolment platform and/or Forge Academy’s website, as applicable.

  • Forge Academy             Forge Academy (Pty) Ltd, a private company incorporated in accordance with the laws of the Republic of South Africa, under registration number                                                    2015/517951/07.

  • Majority Status             A natural person of 18 years of age and over.

  • Minority Status             A natural person of below 18 years of age.

  • Online Course(s)           Any and all educational and/or recreational courses offered online on the Forge Academy Site from time-to-time and which are designed to impart                                                  knowledge, skills, information and/or qualifications upon a User who meets the Entry Requirements, who has made payment of any and all fees due                                                and owing to Forge Academy and who has accepted these Terms.

  • Services                         The provision of Online Courses, in conjunction with the digital Marketing Institute of the Republic of Ireland, via the Forge Academy Site, including                                                  bespoke co-branded online educational courses, writing support services, assessment preparatory training and courses, and other related educational                                          products and services including audio, video, text, and document collaboration technology, and as more fully described in clause 4 of these Terms.

  • Site                                 Refers to https://www.forgeacademy.co.za and any and all associated domains, websites, and applications operated by Forge Academy and/or that                                                contain Forge Academy online resources, information, documents, graphics, photos, images, audio, video, software, or other content or materials.

  • Terms                             These Online Terms and Conditions of Service.

  • The Parties                    The User and Forge Academy.

  • Promotional Offers       Any and all special offers of a promotional nature, including but not limited to coupons, discounts, promotional price reductions, giveaways and/or                                                  other offers, that are made available for acceptance by Forge Academy to a User and/or third party and as may be advertised via Forge Academy’s                                                  social media platforms, newsletters, partner networks and/or on Forge Academy’s website for the validity period stipulated in such offer, and which are                                          offered on an ad hoc basis at Forge Academy’s sole discretion in accordance with Forge Academy’s promotional needs and or requirements.

  • Use / Using                   Access to and/or interaction on the Site.

  • User                                Any natural and/or juristic person who purchases an Online Course and, subject to meeting the Entry Requirements, becomes formally enrolled in any                                            such Online Course with the intention of Using the Site and/or Services to seek to obtain the relevant qualification and/or skills offered in respect of                                              that Online Course.

  • You / Your                      The terminology used in these Terms to address a User directly for purposes of informing the User of his/her/its rights and obligations set out in these                                          Terms.

2. INTRODUCTION

Welcome to Forge Academy. Forge Academy, owns and operates the Site. Any reference to Forge Academy includes Forge Academy’s subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives. These are the Terms that regulates your access to, Use of, and/or interaction with the Site, and the Services accessible via the Site, as amended from time to time.

3. AGREEMENT TO BE BOUND BY TERMS

You must carefully and thoroughly read and accept the Terms before using the Site and/or the Services. This is a legally binding agreement between you and Forge Academy. It contains important information about your legal rights and obligations to Forge Academy and related any potential legal remedies. It also informs you of the conditions of you using the Site and/or Services of Forge Academy. By using the Site and/or Services, either for your personal use and/or on behalf of any other legal entity, you agree to voluntary accept, comply with and be bound by these Terms and any other applicable laws and/or regulations, as the case may be. If you are using the Site and/or Services on behalf of another entity, you confirm that you have been granted the requisite authorisation to represent the entity and can that you legally bind the entity to these Terms.

 

You also represent and warrant that you are of Majority Status and possess the legal capacity and authority to enter into these Terms in accordance with any and all applicable laws and regulations.

 

You will not under any circumstances be permitted to use the Site and/or Services if you do not fully agree and accept these Terms in full. Where you do not understand any portion of these Terms, you may not, under any circumstances, be permitted to use the Site and/or Services without first obtaining further clarification and/or understanding from Forge Academy.

Forge Academy reserves the right, at any time, to modify or remove any provision of these Terms, at its sole discretion, either in whole or in part, in accordance with these Terms. Forge Academy hereby reserves any and all rights that are not expressly stated or granted herein.

4. FORGE ACADEMY SERVICES

4.1.  Scope of Services

The Site is an online platform that allows Users, to obtain the Services of Forge Academy.

4.2. Account Registration and Termination

You are permitted to only create and maintain one Forge Academy account for use of Services and shall not share your account or any Services with third parties. You may not create an account for a third party unless expressly authorised, in writing, by both the account User and Forge Academy. Parents and/or legal guardians of Users are permitted to create accounts for the benefit of and on behalf of Users that are of Minority Status. Any and all information that you provide to create an account must be accurate and complete and by providing such information, you warrant that it is accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account on the Site, you must also choose a secure password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another User at any time, nor to disclose your password to any third party. You agree that you will not sell or share or otherwise transfer your Forge Academy registration or any registration rights. You agree to immediately notify Forge Academy if you suspect any unauthorised use of your account or access to your password. You agree not to exchange personal information (email addresses, phone numbers, home addresses, etc.) to any other Users on the Site. Forge Academy reserves the right to terminate your account for any reason at our sole discretion without notice and without liability.

4.3. Promotional Offers

Forge Academy may offer Promotional Offers from time-to-time. Any Promotional Offers made, may be made for free or discounted Services. Forge Academy reserves the right, at its sole discretion, to revoke any Promotional Offers at any time and without further notice to you, including on an individual basis if Forge Academy determines that you have created multiple accounts in order to obtain unauthorised Promotional Offers. You will be billed for any Services not included in the Promotional Offers in the ordinary course.

4.4. Registration and Refunds

User registration plans may be modified through the User’s account on the Site. Forge Academy does not provide any pro-rated refunds for unused Services. If you are not satisfied with the Services for any reason, please contact us, using the contact details on the Site. Forge Academy reserves the right to refund dissatisfied Users at its sole discretion and on an ad hoc and confidential basis. Users entitled to a refund will be refunded within 30 working days of successful application, subject clause 8 below, and/or in accordance with any applicable provisions of the CPA. An appropriate administrative fee not exceeding 5% (five percent) of the registration fee and/or Online Course fees will be levied on any and all refunds processed.

4.5. Quality Assurance

Forge Academy may record and monitor all Services provided for the purposes of quality assurance and management any other internal purposes as Forge Academy deems necessary, without further notice to or request for consent from you.

4.6. Deactivation or Suspension of Account

You may deactivate or suspend your account at any time by contacting us. Your account will automatically be suspended in the event that any payments for Services or Online Courses become due and payable and remain outstanding for a period exceeding 5 (five) busines days and/or immediately in the event that any unauthorised Use is detected in accordance with Forge Academy’s fair usage policy – see clause 4.9 below. Your account will be deactivated and closed once all transactions have been processed including payment for Services provided and assessed penalties. Forge Academy may suspend and/or deactivate your account immediately and at its sole discretion for any reason, including, but not limited to, inactivity, misuse, or breach of these Terms.

4.7. Updates and Functionalities

Forge Academy may update and modify Services from time to time for any reason at its sole discretion. Such updates or modifications may result in changes in the appearance and/or functionality of Services, including the addition, modification, or removal of functionality, features, or content. Excluding the addition of wholly new products or services, Forge Academy shall provide, implement, configure, install, support, and maintain, at its own cost, any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to Services.

4.8. Acceptable Use

You shall:

  • be responsible for complying with these Terms;

  • be solely responsible for the accuracy, quality, integrity, and legality of any information, documents, or other content that you submit, upload, or publish on the Site, and of the means by which you acquire or generate such information, documents, or content;

  • use reasonable efforts to prevent unauthorised access to or use of any and all Services under your account, including keeping your password and username confidential and not permitting any third party to access or use your username, password, or account for the Services;

  • be solely responsible and liable for all activity conducted through your account in connection with the Services;

  • promptly notify Forge Academy if you become aware of or reasonably suspects a security breach, including any loss, theft, or unauthorized disclosure or use of your (or any other User’s) username, password, or account;

  • use the Services only in accordance with applicable laws and government regulations; and

  • comply in all respects with all applicable terms of any third-party services that you use or otherwise access in connection with your use of the Services.

You shall not:

  • make the Services available to anyone other than yourself;

  • use the Services to store or transmit content that may be defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, nor shall you send spam or other unsolicited messages in violation of any applicable law;

  • upload to, or transmit from, Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful components;

  • attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);

  • access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services;

  • attempt to gain unauthorized access to the Services or any related systems or networks; and

  • authorize, permit, or encourage any third party to do any of the above.

4.9. Fair Usage Policy

Forge Academy may immediately suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other Users, agents and permanent employees of Forge Academy.

4.10. Non-Exclusivity

You acknowledge that the rights granted to you under these Terms are non-exclusive and that nothing in these Terms will be interpreted or construed to prohibit or in any way restrict Forge Academy’s right to license, sell, or otherwise make the Services available to any other User or third party.

5. ARBITRATION AGREEMENT

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Forge Academy on an individual basis in confidential arbitration proceedings, as set forth in this Arbitration Agreement.

Should any dispute, disagreement or claim arise between the Parties (called hereafter “the dispute”) concerning these Terms, the parties shall first try to resolve the dispute by negotiation. This entails that the one party invites the other, in writing, to a meeting and to attempt to resolve the dispute within 7 (seven) calendar days from date of the written invitation. If the dispute has not been resolved by such negotiation, the Parties shall submit the dispute to AFSA administered mediation, upon the terms set by the AFSA Secretariat. Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the AFSA’s Commercial Arbitration Rules by a sole arbitrator appointed by AFSA.

Unless the Parties otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, the Parties each retain the right to bring an individual action in the small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

6. INTELLECTUAL PROPERTY

Forge Academy retains all rights, titles, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Forge Academy’s rights or interests therein or any other Forge Academy intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in these Terms are reserved in full by Forge Academy. By agreeing to these Terms, you irrevocably consent that any and all intellectual property developed and/or created by you through the Use of the Site and/or Services and/or Online Courses may be used by Forge Academy for purposes of promoting, marketing and/or showcasing Forge Academy’s product offering, Services and business, at its sole discretion and without any conditions and/or owner recognition being required.

7. INDEMNITY

You hereby indemnify, defend, and hold harmless Forge Academy, and its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives, from and against any and all claims, losses, damages, penalties, liabilities, costs, fees, or expenses, including reasonable attorneys’ fees, of any kind or nature incurred or suffered by Forge Academy arising out of, relating to, or resulting from these Terms or your use of the Services to the fullest extent permitted by applicable law and regulation, including your breach of these Terms, improper or unlawful acts or omissions, violation of any third-party right, including any intellectual property or privacy rights, or any injury or damage caused to a third party.

8. LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall Forge Academy, its subsidiaries, affiliates, successors, assigns, partners, respective officers, directors, employees, contractors, agents or other legal representatives be held liable for any punitive consequential, special, incidental or exemplary damages, including damages for loss of profits, goodwill use, data or other intangible loss, or injury arising from tampering, hacking or other unauthorised access or use of services on your account and/or the information contained therein.

 

9. CANCELLATION

Subject to any cooling-off provisions contained in the CPA and/or other terms and conditions incorporated into these Terms by reference, you can cancel your registration contract with Forge Academy prior to the expiry of any fixed term date in terms of section 14(2) of the CPA by providing Forge Academy with 20 (twenty) business days’ notice in writing or in terms of another recorded form as provided for in terms of the CPA. You will however remain liable for any fees that were in arrears and had already become due and payable to Forge Academy prior to the date of cancellation (See Regulation 5(2) and section 14(3) of the Act). Forge may retain the following amounts as a reasonable cancellation fee cover to its administrative and other costs:

Cancellation before the commencement date of Online Course

  • 10% of the contract amount including the full cost of any academic material already supplied.

Cancellation within the academic term registered for as defined by the academic schedule provided by Forge Academy per term.

  • 25% of the contract amount including the full cost of any academic material already supplied, if cancelled within the first 3 weeks of the commencement date of the Online Course.

  • 50% of the contract amount including the full cost of any academic material already supplied, if cancelled after the first 3 weeks of the commencement date of the Online Course.

  • 100% of the contract amount including the full cost of any academic material already supplied, if cancelled during the last 3 weeks of the commencement date of the Online Course.

10. GENERAL

Forge Academy 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). PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

See Forge Academy’s POPIA Privacy Notice, which is incorporated into these Terms by way of reference and may be accessed and/or downloaded as follows: Click here to download.

11. PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa and MasterCard.

12. CARD ACQUIRING AND SECURITY

Card transactions will be acquired for Forge Academy via Yoco Technologies (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Yoco Technologies (Pty) Ltd uses the strictest form of encryption, The Yoco Wireless Card Readers and online payment gateways are PCI (Payment Card Industry) compliant and adhere to EMV (Europay, Mastercard and Visa) certification. EMVCo exists to facilitate worldwide interoperability and acceptance of secure payment transactions. It accomplishes this by managing and evolving the EMV® Specifications and related testing processes. This includes, but is not limited to, card and terminal evaluation, security evaluation, and management of interoperability issues. Users may go to www.yoco.co.za to view their security certificate and security policy.

13. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by Forge Academy separately from card details which are entered by the client on Yoco Technologies (Pty) Ltd’s secure site. For more detail on Yoco Technologies (Pty) Ltd refer to www.yoco.co.za.

14. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

15. RESPONSIBILITY FOR ONLINE SALE TRANSACTIONS

Forge Academy takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

16. COUNTRY OF DOMICILE

This website is governed by the laws of the Republic of South Africa and Forge Academy chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature as The Gantry, Block A4, Cnr The Straight Road and Witkoppen, Fourways, Gauteng, 2086.

17. VARIATION

Forge Academy, in its sole discretion, change these Terms or any part thereof at any time, provided that such changes will be made in writing and updated on Forge Academy’s website and/or, where material, notified to Users by way of circular, newsletter and/or email.

18. GENERAL

18.1. Forge Academy reserves the right to modify, supplement, or replace these Terms at any time, as contemplated in clause 17 above. Your continued use of the Services after being notified of the update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Save for changes made by Forge Academy, as described here, no other amendment or modification of these Terms shall be effective unless reduced to a written agreement bearing a written signature by Forge Academy and you.

18.2. Each of the provisions of these Terms are severable, should any such provision become illegal, invalid, or unenforceable. The illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Terms, all of which shall remain in fully force and effect notwithstanding the provision that has been severed from these Terms.

18.3. Except for payment obligations, neither party shall be liable for failure to perform its obligations in terms of these Terms where such failure results from an event beyond such party’s reasonable control, including the following elements: fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts,  government-mandated lockdowns or labour disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.

18.4. The failure by Forge Academy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitutes the entire agreement between the Parties and governs your use of the Site and the Services, superseding any prior agreements between the Parties (including, but not limited to, any prior versions of the Terms).