TERMS AND CONDITIONS
Updated: 1 October 2018 This Standard Agreement is the legal contract between you and Clonard
Education (Pty) Ltd.
In order to enjoy your learning experience with Clonard, you have to read and accept this agreement. Please
ensure that you read the entire document thoroughly before you enrol with Clonard Education (Pty) Ltd.
- Definitions: In this agreement the following meaning is ascribed to the words below, unless the contract implies otherwise.
- “I” and “me” means the client, and/or the student, where appropriate,
- “you” refers to the supplier, being Clonard Education (Pty) Ltd (hereafter Clonard),
- “Head Office” means the main administrative centre of Clonard,
- “problem experienced” means any problem that may be encountered,
- “statement” means a certificate containing the information regarding amounts owed and interest.
- “Cambridge support programme” means the programme offered by Clonard to prepare students for CIE exams.
- CIE refers to Cambridge International Education.
- “Product” refers to all good and services supplied by Clonard including curriculum material, exams et al.
- Reference to the singular in this agreement shall embrace the plural and vice versa, unless the contents require otherwise.
- This is a binding offer for the product, subject to acceptance by Head Office. Enrolment by Head Office is only confirmed once both academic and financial approval has been finalised. Should I neglect to receive the product , this shall in no way affect my responsibilities and/or liabilities in terms of this agreement.
- Clonard no longer offers credit for books not required and packs are to be purchased in their entirety.
- As the client, I hereby authorise either yourselves or a transporter, the choice of whom shall be at Clonard’s absolute discretion, to deliver the product (or part thereof) to the delivery address as per the details given by me.
- In the event that items are missing or damaged from my product, I understand that I am to notify Clonard within two (2) weeks of receipt of the product by means of an email to email@example.com and to follow up to ensure that the email is received.
- The bulk of my communication with Clonard is done via email. For this reason, I accept the importance of supplying Clonard with my complete and correct electronic contact information. I understand that non-receipt of email from Clonard cannot be alleged, as the management of my email account is my own responsibility. Clonard cannot be held accountable for my failure to open and/or read my emails, or for loss of access to my e-mails.
- I shall notify you in writing of any change in my residential and/or postal address, email address, or telephone number within 5 (five) business days. I shall bear all costs that Clonard may incur as a result of my failure to notify Clonard of a change in my aforementioned contact details.
- I am aware of the nature, quality and content of your product. I accept the product as it is, with no warranties whatsoever.
- I am aware that exams and assignments constitute part of the product and are not offered separately.
- All delivery costs, for whatever reason, including any shipping costs, postage, freight, handling charges, and costs of media, will be for my account, should I reside outside the borders of South Africa, or should my delivery address fall outside the borders of South Africa.
- All electronic submissions become the property of Clonard.
- In the event of a problem of any nature whatsoever, I bear knowledge of Clonard‘s telephone numbers and addresses where I may contact you for client service. No problem of any nature experienced by me, entitles me to cancel this agreement or cease payments.
- A statement issued on an official Clonard letterhead is sufficient proof of details stated therein for the purpose of obtaining any provisional sentence or other judgment against me, or for any other purpose. Such a certificate shall serve as prima facie proof that the stated amount, together with interest, is owed by me, and that the interest is payable at the rate stated therein.
- I provide the information on the enrolment platform for the purpose of obtaining my credit record. I authorise Clonard to investigate my credit record and to report information concerning my credit conduct with regard to my Clonard account to credit bureaus and others.
- I understand that suspension of all services to me (and therefore the learner) will result in the unavailability of all forms of formal assessments. I understand that this will lead to loss of marks for the learner. I herewith irrevocably accept full responsibility should such a situation occur, as a result of non-payment on my part, as this is a breach of contract. This will result in the learner(s) being disadvantaged, due to my own negligence. I, therefore, indemnify Clonard as well as its staff against all responsibility in this regard.
- I agree that the proper education of my child/children is my responsibility and not the responsibility of Clonard, which I understand is merely providing an educational aid.
- I accept personal responsibility to ensure all subject choices are in line with careers envisaged for all learners.
- I shall be liable for all the costs on the scale as between attorney and client, including collection commission, in the event of legal action arising from my breach of this agreement.
- I agree to the jurisdiction of the Magistrate’s Court for all legal proceedings in the event of breach of this agreement by me.
Enrolment with Clonard does not constitute any form of application/registration/ enrolment with any other authority, either private or public, such as the Department of Education
B. THIRD PARTY RELATIONSHIPS
- Clonard does not have any relationships or affiliations with any third parties, such as tutors, tutor centres, cottage schools, micro-schools, teachers, independent schools, public schools or any other educational institution, unless expressly stipulated in writing.
- The order is to be placed by the parent and the product is supplied to parents or guardians of learners. Clonard will not communicate or entertain any conversations or agreements with any third party, as mentioned above, other than the parent/guardian or individual.
- I accept that Clonard will not be held responsible for any dispute between parents, guardians or individuals and any other third party.
- I acknowledge that a third party will be held liable in terms of a copyright infringement where he/she acts on behalf of a parent, guardian or individual. A penalty as contained in clause A.16 may become applicable where such an infringement has occurred.
- No third party may enrol any learner or individual with Clonard on behalf of a parent, guardian or individual, with or without their written consent which is to be provided to Clonard with their enrolment.
- I acknowledge that the enrolment of a learner or individual is the express responsibility of the parent, guardian or the individual.
- I understand that no third party can accept payment on behalf of Clonard.
C. COPYRIGHT OF LEARNING MATERIAL OR OTHER PRODUCTS SUPPLIED BY ANY THIRD
- I accept the use of Clonard’s learning material provided and I agree to be bound by the terms and conditions of the Clonard Standard Agreement, as well as other Guidelines published on clonard.co.za throughout the year.
- I am aware that all Clonard Education material is subject to copyright and I will not reproduce any part of it in any way. Clonard reserves all rights relating to copyright not explicitly granted to me. I agree to a penalty to the amount of at least R100 000 (one hundred thousand rand) if found guilty of such a transgression. The amount may increase depending on the evidence put forward by Clonard.
- I understand and agree that only a learner who is enrolled with Clonard may use the Clonard product for his/her personal, non-commercial use and not for re-sale or re-distribution in any form.
- I acknowledge that the Clonard product may require internet access and the responsibility of maintaining that access lies entirely with me.
- I accept that any and all copyright notices or acknowledgement of any publisher or its licensors and/ or other intellectual property rights that may appear in the digital publications, including all copyright, trademark and similar notices, apply to me and the student/s enrolled by me.
- Should Clonard detect copyright abuse by me, legal action shall be taken as well as measures to prevent further abuse, including the suspension of my account.
D. Gr R-11 CAPS INCLUDING ASSESSMENTS AND EXAMS
- I am aware that for the Gr R-9 curriculum I have a maximum of 18 months to complete the course , unless otherwise agreed in writing. Thereafter I will not have access to any Clonard resources including exams.
- I understand that the Gr 10 & 11 curriculum must be completed within a year, unless otherwise agreed in writing. Thereafter I will not have access to any Clonard resources including exams.
- I understand that if I do not complete the course offered by Clonard I am not entitled to a refund for course fees or exams under any circumstances.
- I am aware that under no circumstances will marked exam scripts be returned to me with the exception of Maths and Accounting. Such scripts are the property of Clonard.
- Exams and reports are sent by email.
- I will follow the set exam timetable for Grade 10 and 11 during June and November. Completed exam scripts must be received by Clonard within one week of the end of the timetable.
- I accept that if my exams are not received by Clonard within this time, they will not be marked under any circumstances.
- I will allow a minimum of 4 weeks to receive my report after submitting my completed exams.
- I will not be entitled to be sent my end of year exams until mid year exams have been submitted to Clonard.
- I agree to observe the exam conditions as set out in the Examinations and Rules. I agree that in the unlikely event that plagiarism or cheating is suspected my child may be given zero for the entire exam. This decision is entirely at the discretion of the teacher and no discussion will be entered into.
- I understand that if I do not complete the course with Clonard I will still be liable to Clonard for all course fees
- I understand that only support for the Cambridge International Education examinations is offered by Clonard.
- I understand that Clonard is in no way affiliated with CIE.
- I understand that reports for Clonard internal exams are sent by email.
- I understand that course fees are payable directly to Clonard.
- It is my responsibility to register for the Cambridge International Exams and to pay the fees therefor, via a payment separate from my Clonard course fees.
- It is my own responsibility to ensure that I have the correct subjects for the degree or qualification that I wish to study at a tertiary institution. I cannot hold Clonard liable for any subject choices that I have made.
- I understand that part of the Cambridge support programme is delivered electronically. It is my responsibility to ensure adequate internet access and/or data.
- I understand that if even if I do not complete the course offered by Clonard I am not entitled to a refund for course fees under any circumstances.
- I understand that if I do not complete the course with Clonard I will still be liable to Clonard for all course fees.
(Valid from 1 November – 30 November 2018)
The promotional offer of the MediaPad/tablet with regard to the registration of the student with Clonard is subject to the following:
- I accept that the MediaPad/tablet will remain the property of Clonard, and ownership of the MediaPad/ tablet will remain with Clonard for a period of 1 year from the date the student registers and commences studies with Clonard
- The MediaPad/ tablet promotion is only available to all Grade 4 - 11 Clonard students who place their order and make full payment on Black Friday only (23 November 2018). Thereafter the promotion will be available only to Grade 10 & 11 students who enrol online and make full payment between 1 November 2018 and 30 November 2018.
- Tablet offer is only valid for enrolments who pay the full 2019 price which was effective from 1 November 2018
- In registering with Clonard under this promotion, I agree to endeavour to ensure that there is no abuse of the equipment and software, and undertakes to ensure that the MediaPad/ tablet is used responsibly and will not result in any claim being made against the student / parent and/or Clonard
- I, indemnify Clonard against any claims of whatsoever nature arising out of the use of the MediaPad/tablet or accessories supplied in terms of this promotion.
- Ownership of the MediaPad/tablet shall vest with Clonard, and ownership of the MediaPad/tablet will only pass to the student upon written confirmation by Clonard to that effect, and in addition only after completion of the of 1 (one) year of study with Clonard, by the student.
- In the event that the student does not complete the 1 year study with Clonard, the student will upon, and including but not limited to, the termination and/or the cancellation of the contract and/or expulsion and/or suspension of the student, be liable to return the MediaPad/tablet to Clonard in good working order/condition. Failure to hand over the MediaPad/tablet will result in the student being obliged to pay an amount of R1450. In the event that the student fails to pay the aforesaid amount this will result in a criminal charge of theft, alternatively unauthorised borrowing, being instituted as the student is fully aware that he/she does not own such MediaPad/tablet.
- If Clonard is not satisfied with the condition of the MediaPad/tablet and/or the software is infringed and/or corrupted and/or if the student fails to return the MediaPad/tablet, including the accessories supplied in terms hereof, then the student/guarantor/parent undertake that they will be liable to pay to Clonard the sum of R1450 being the agreed cost of the MediaPad/tablet, charger and accessories. Failure to hand over the MediaPad/tablet or pay R1450 in such instances will result in a criminal charge of theft, alternatively unauthorised borrowing, being instituted.
- The student undertakes that he/she will not, during the 1(one) year course contract, alienate, cede, or in any other manner or form, attempt to relinquish or dispose of possession and/or ownership of the MediaPad/tablet and/or tamper with the software of the MediaPad/tablet.
- There will be no data of any kind supplied by Clonard with this tablet/MediaPad.
- I acknowledge that Clonard is not responsible for any repairs, service issues, software warranties or performance in relation to the MediaPad/ tablet. These must be referred to the MediaPad/tablet manufacturer, service provider, network and/or agents thereof as the case may be.
- A student is only entitled to 1 MediaPad/tablet promotion during the time period of this offer and for the duration of the grade registered for.
- This offer may not be used in conjunction with any other offer, bursary, promotion or the like.
- The student /customer (parent/guarantor) undertakes to pay all costs involved on an attorney and client scale if in the event that Clonard has to institute legal action for the recovery of the MediaPad/ tablet and/or charger and/or accessories given to the student under this offer.
- The student undertakes to pay a software reloading fee of R100 per reloading if any software is corrupted and needs to be reloaded.
- This offer is only valid for orders shipped within South Africa.
G. REFER A FRIEND PROGRAMME
- Voucher is limited to R300.
- Discount is not exchangeable for cash.
- Only existing Clonard clients can refer a friend/family.
- Where the referee cancels their enrolment with Clonard prior to the voucher being used and Ts & Cs met, the voucher will be revoked.
- The referral campaign is only applicable to new enrolments.
- A referral can only be processed via the Refer a Friend webpage (https://www.clonard.co.za/refer-a-friend/) or over the telephone.
- To qualify for the discount, the referred friend/family may not be an individual previously registered with Clonard.
- The referral coupon is for a single transaction and can only be redeemed via our online store.
- Curricula must be paid for in full prior to any books being dispatched. A loan may be obtained from one of our affiliates or your own credit provider in order to meet the required course fees. Only once Clonard has received full payment will learning material be dispatched.
- Clonard does not accept cash deposits.Should a client pay via cash deposit they will be responsible for settling the cash deposit fee.
- Products may be returned for a refund within 30 days of receipt of the package. Such refunds, if granted, will be subject to a 15% handling fee.
- Only products received in full in the condition in which they were sent out will be considered for a refund by Clonard.
- If any part of a pack is used or damaged, no refund will be granted and the pack returned; return of the pack to me will be for my account.
This agreement constitutes the entire agreement held between myself and Clonard. Any modifications shall be agreed to in writing and signed by the parties involved. This agreement novates any previous understandings or agreements between the parties. The parties waive the right to rely on any alleged provision not expressly contained in this agreement. I hereby accept all the terms and conditions of this agreement. I undertake to explain them all to the student/s and to ensure compliance by the students with all of the obligations and penalties imposed upon me, particularly as regards copyright, breach and termination