3. DEFINITIONS
3.1 In these Terms and Conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them:
3.1.1 “Application Form” means the online application form (including any required admission documentation to be supplied depending on the course) to be completed by you in order to register as a Learner on DigitalCampus;
3.1.2 “Course” means a specific distance education online short course, certified by Wits, and which is offered by LRMG on DigitalCampus;
3.1.3 “Course Content” means the content of the Course(s) as provided by Wits to LRMG for online delivery;
3.1.4 “Course Co-Ordinator” means a person who supports Learners during their course in an online, virtual environment or networked environment through DigitalCampus;
3.1.5 “Course Fees” means the fees to be paid by Learners to Wits in order to participate in and complete a Course;
3.1.6 “Course Unit” means a certain number of course modules to be completed by a Learners over a specified period of time;
3.1.7 “Intellectual Property” means any know-how (not in the public domain); invention (whether or not patented); design, trademark (whether or not registered), or any material in which copyright subsists (whether or not registered) and all other identical or similar intellectual property as may exist anywhere in the world;
3.1.8 “Lecturer” means the person who supports Learners with course contents from a Wits point in an online, virtual environment or networked environment through DigitalCampus. The lecturer is also the person who might give online lectures through DigitalCampus;
3.1.9 “Learner” means a person who has registered as a learner on DigitalCampus to complete a Course(s);
3.1.10 “Learner Support Centre” means the online assistance provided to Learners by Course Co-Ordinator, Tutors and/or Lecturers in an effort to promote the successful performance by Learners of the learning tasks and outcomes;
3.1.11 “Tutor” means a person who supports and tutors Learners in an online, virtual environment or networked environment through DigitalCampus; and
3.1.12 “Website Content” means any information, consent, material, software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, literary works, musical works, artistic works, sound recordings, computer programs, trade names, logos, designs, trademarks and service marks which are displayed on or incorporated on DigitalCampus
4. REGISTRATION
4.1 Participation in a Course is subject to approval by LRMG and Wits. To apply to participate in a Course, you must complete and submit an Application Form to DigitalCampus or be registered by your company”.
4.2 Registration for Courses will close 1 (one) week prior to the commencement of the Course. Any late registrations will be dealt with on a case by case basis and LRMG may, in its sole discretion, allow or reject any late registrations received for a Course.
4.3 Once you have completed and submitted the Application Form, you will be required, as part of the registration procedure, to make payment of the Course Fees via any of the payment options available under paragraph 10 below.
4.4 Once you have successfully completed the Application Form and paid the Course Fees, you will be provisionally enrolled as a Learner. Wits will then verify your admission documentation (such as your ID, matric certificate, diploma or degree), Application Form and payment of Course Fees. You acknowledge and agree that your documentation and payment will be vetted and verified by Wits through the Wits Enterprise.
4.5 Once Wits have vetted and verified your application, you will be notified via email 5 (five) business days prior to the course starting at the latest whether or not you have been successfully enrolled as a Learner on DigitalCampus.
4.6 As part of the application process, you will be provided with a password to access the Course for which you have registered on DigitalCampus on the date the course starts.
5. COURSE PARTICIPATION
5.1 Language
5.1.1 Courses shall be presented in English.
5.1.2 All Course assignments, that are required for assessment purposes, shall be written by Learners in English. This will include but not be limited to any posts made by Learners on the online discussion forum and/or the Learner Support Centre.
5.2 Orientation
5.2.1 Once you have been enrolled as a Learner, you will be required to attend and complete an online orientation module.
5.3 Course Modules
5.3.1 Learners, who have been successfully vetted, verified and enrolled, will be required to complete all Course Modules within the specified time periods and submit a specified number of assignments to qualify to write the final examination.
5.3.2 The Course Co-Ordinator may SMS, email or telephone call you from time to time at the contact number provided by you on the Application Form, to remind you of your assignments and due dates thereof. You, however, acknowledge that you are solely responsible for ensuring that your assignments are submitted on DigitalCampus on or before the due dates thereof. You acknowledge that LRMG accepts no liability whatsoever should you not receive an SMS, email or telephone call from the Course Co-Ordinator.
5.3.3 All Course Modules will be assessed by Tutors / Lecturers and may be moderated by Wits from time to time.
5.4 Discussion Forums
5.4.1 Learners will be required to actively participate in the online discussion forums as facilitated by Lecturers and/or Tutors.
5.4.2 The discussion forums will be monitored by LRMG at all times and your access may be restricted in LRMG’s sole discretion should you use foul or abusive language or engage in conduct deemed inappropriate by LRMG and/or act maliciously (in any manner whatsoever) towards fellow Learners, Lecturers, Wits, Wits Enterprise and/or LRMG.
5.5 Technical Support
Neither LRMG nor Wits shall at any time be responsible for technical support for any external websites used by Learners during a Course. It will be your responsibility to contact the support services of the relevant external websites.
5.6 Videos
These videos may act as tutorials for the topics covered in Course Modules. Learners will be required to access these interactive videos and for this purpose have Adobe Flash Player installed at their expense on their hardware to view the video lectures made available for each Course Unit. Learners acknowledge that slower internet connections may result in the viewing of these tutorials being troublesome.
5.7 Tutors/Lecturers
5.7.1 Learners will only have direct access to Tutors and Lecturers on the online discussion forums. Tutors and Lecturers will not be available for queries by telephone or in person in real time.
5.7.2 Your Course Co-Ordinator may send you an SMS and/or email notifications from time to time at the contact number or email address provided by you on the Application Form, to encourage you to stay on track with your learning and to provide you with important Course reminders and information.
6. COURSE ASSESSMENT
6.1 Learners will be assessed on (i) comments and contributions to the discussion forums, completed assignments and final examinations.
6.2 5% of the final Course mark is allocated to Learner activity in the discussion forums. Each Course Unit has its own discussion forum and Learners are required to participate in as many of these forums as possible. Learners are required to participate in a minimum of 6 (six) discussion forum activities in order to be allowed to write the final exam.
6.3 Each Course Unit includes assignments that count 35% towards the final Course mark. Learners are required to participate in a minimum of 6 (six) discussion forum activities in order to be allowed to write the final exam.
6.4 Tutors / Lecturers will mark assignments where applicable within an allocated time period. During the allocated time period Learners will be required to submit further assignments. Any queries related to Learner’s previous assignments that may affect the submission of the Learner’s next assignment should be addressed to the Course Co-Ordinator.
7. LEARNER ABSENTEEISM, FAILURE TO COMPLETE ALL ASSIGNMENTS/PROJECTS
7.1 Unless special permission has been granted to a Learner by DigitalCampus, Learners who fail to attend more than 6 (six) of the 8 (eight) Course modules (i.e. quizzes and assignments) shall not be eligible to write the final Course examination and access to such examination platform shall be denied to such Learners.
8. FINAL ASSESSMENT AND CERTIFICATION
8.1 Learners will be required to write a final examination in every Course.
8.2 In order to write the examination Learners will be provided, prior to the final examination, with a password to log on to the examination through DigitalCampus.
8.3 Prior to and during the final examination, you will be required to take a photograph of yourself via your webcam in order that your identity may be authenticated and verified by Wits, through Wits Enterprise, as more fully set out in paragraph 13 below.
8.4 The examination will be marked by the tutors and Wits will then moderate the final examination papers submitted by Learners.
8.5 A certificate of competence is awarded to Learners who achieve an overall Course mark of 50% or higher, which includes but is not limited to a mark for contributions to the discussion forums, a mark for completed assignments and a mark for the final examination.
8.6 Certificates will be delivered to your corporate sponsor in the case where your course is paid for by them for onward distribution to you. Alternatively,they are couriered to Learners who provide a street address that is located in the Republic of South Africa. All certificates sent to a postal address within the Republic of South Africa or at an international location, are sent by registered mail.
8.7 Supplementary exams may be allowed under the following circumstances:Learners who have experienced technical difficulties during the initial exam and who were not able to complete the exam successfully due to these difficulties.
- Learners who were not able to write the initial exam due to valid medical reasons and who were able to provide medical proof
- Learners who passed the course with an overall mark of 50% or higher, but who did not achieve a sub-minimum of 40% in the examination
- Learners who failed the course with an overall mark of at least 40% and who have submitted the minimum number of 6 assignments and participated in at least 6 discussion activities and achieved a subminimum of 40% in the exams..
9. SURVEY
With your permission at the time of the survey being completed we may use the information supplied in marketing efforts. After completion of a Course you will be required to complete a Learner survey on the Course. You acknowledge and agree that the information which you provide during such survey(s) will be used by LRMG for biographical data and research and purposes purposes.
10. PAYMENT
10.1 The Course Fees for each of the Courses shall be as stated on DigitalCampus. The Course Fees are subject to change from time to time at LRMG’s discretion.
10.2 The full Course Fee shall be due and owing within 3 working days from registration unless PO payment method has been selected in which case payment shall be due and owing in 30 (thirty) calendar days.
10.3 DigitalCampus includes links to banking/payment gateway products, which are not owned by LRMG or under LRMG’s control and for which you acknowledge LRMG is not responsible in law. It is your responsibility to make sure that you read the terms and conditions of such service providers prior to making payment of the Course Fees.
10.4 DigitalCampus supports the following payment instruments:
10.4.1 PayFast
10.4.1.1 PayFast is an online payments processing service which enables the easy, secure and instant transfer of money via your credit card or debit card or via instant Electronic Funds Transfer (“EFT”) with any of South Africa’s four largest banks.
10.4.1.2 In order to process a successful credit card (Mastercard or Visa credit card) or debit card payment via PayFast, you will be given further payment instructions and then be re-directed to the PayFast website once you have opted to pay via PayFast. You will be required to submit specific information related to the payment instrument on the PayFast payment page. DigitalCampus will send you an invoice for payment to be made via PayFast within 3 working days.
10.4.1.3 For a step-by-step guide on using PayFast please visit the following link.
10.4.2 EFT
10.4.2.1 In order to process your payment via EFT, you will be given payment instructions after selecting EFT as your method of payment. You may then select ‘proceed’ to make your payment or purchase orders, which will serve as a preliminary verification of payment, after which DigitalCampus will send you an invoice for payment to be made via EFT within 3 working days.
10.5 By using a credit card or debit card as a payment instrument, you confirm that you are the lawful owner of the credit card or debit card being used for the transaction, or that you have the explicit permission of the lawful cardholder to use the credit card or debit card for the purpose of making a payment.
10.6 You acknowledge that LRMG reserves the right to remove you from the Course if payment has not been made by you within 3 working days or as required by LRMG. Any unpaid fees or accounts of any nature will result in LRMG removing you as a Learner from the Course that you are attending.
10.7 Should you make payment by way of a purchase order (PO payment method), LRMG may suspend your registration and remove you as a Learner from the Course, should LRMG not receive payment within 30 (thirty) days of receipt of a purchase order number.
11. CANCELLATION
11.1 You are entitled to cancel, your application for a Course provided that you do so in writing prior to the closing date of registration for the relevant Course. Should you cancel your registration prior to the closing date for registration of the relevant Course, you will qualify for a refund of the Course Fees paid, subject to a 10% cancellation fee.
11.2 Cancellation after the closing date of registration for the relevant Course will result in the Learner being liable for the full Course Fee.
11.3 DigitalCampus reserves the right to cancel a Course upon notice and in its sole discretion should there not be sufficient demand for any particular Course. Should a Course be cancelled by DigitalCampus, Learners will receive a full refund or will be given the option to carry their registration over to the next roll out of the course.
12. YOUR USER PASSWORD
12.1 As part of your application to register as a Learner, you will be provided with a username and password to access your DigitalCampus account. You will be forced to change your password upon first access to DigitalCampus.
12.2 You must not permit any other person to use your username and password to access DigitalCampus.
12.3 You are strictly responsible for all use of DigitalCampus using your username and password.
12.4 You hereby indemnify LRMG from and against all actions, claims, suits, demands, liabilities, costs and/or expenses arising out of or in any way connected to the use of your username and/or password.
13. COLLECTION OF YOUR BIOMETRIC INFORMATION
13.1 You acknowledge that LRMG will, after you have successfully registered as a Learner through DigitalCampus, collect certain biometric information from you, in particular, recent photographs of you. You further acknowledge that LRMG will, on the day that you write your final examination, collect further biometric information from you to verify your identity on the day that you write your final examination. You acknowledge and agree that you will be obliged to provide such biometric information to LRMG immediately on request, failing which you shall not be permitted to write the final examination and complete the Course.
13.2 You acknowledge and agree that your photograph will be used on the day of your final examination in order to identify you and verify your identity against your personal information held on LRMG’s central database.
13.3 You acknowledge that you will not be entitled to write the final examination and complete the Course without your biometric information being verified by LRMG.
14. PROCESSING OF YOUR PERSONAL INFORMATION
14.1 You acknowledge that LRMG will collect and process your personal information, even if you merely access and/or browse the DigitalCampus website.
14.2 LRMG will further, during the period of the Course, collect, store and use certain personal information of Learners (“personal information” is defined in the Protection of Personal Information Act, 4 of 2013 [“POPI”]). LRMG is committed to respecting and protecting the privacy of Learners’ personal information which it may collect.
14.3 Should you decide to register as a Learner on DigitalCampus, we may require you to provide us with personal information which includes, but is not limited to:
14.3.1 your name and surname;
14.3.2 your identity number and/or passport number;
14.3.3 your photograph;
14.3.4 your email address;
14.3.5 your physical address and/or postal address;
14.3.6 your gender;
14.3.7 your mobile number;
14.3.8 your date of birth;
14.3.9 information relating to your education; and
14.3.10 your personal opinions, views or preferences.
14.4 Should your personal information change, it is your responsibility to inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
14.5 LRMG will be entitled to disclose your personal information to those of our employees and/or third party service providers (including, but not limited to Wits and Wits Enterprise) who assist us to interact with you via, e.g. DigitalCampus, SMS or email, in connection with the Course(s), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers, having access to your personal information, are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
14.6 You acknowledge and agree to LRMG hosting your personal information with an off-site hosting service provider in Hetzner (Pty) Ltd. We will ensure that the off-site hosting service provider, having access to your personal information, is bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
14.7 LRMG will process your personal information for purposes of verification, marketing and surveys, including but not limited to, for purposes of:
14.7.1 processing applications for registration for Course(s);
14.7.2 allowing Learners or potential Learners to access DigitalCampus;
14.7.3 communicating with Learners and potential Learners;
14.7.4 communicating with Learners via the Learner Support Centre and/or discussion forums in respect of Course(s) for which Learners are registered;
14.7.5 sending certificates of completion to Learners;
14.7.6 sending Learners and potential Learners communications, such as newsletters and infographics, on current and future Courses;
14.7.7 keeping a database of Learner and potential Learner information;
14.7.8 statistical and research purposes; and
14.7.9 litigation.
14.8 Should you not wish to receive any marketing and promotional information on current and future Courses such as newsletters and infographics you will have the right, in terms of the Consumer Protection Act 68 of 2008, to opt-out of receiving any further marketing material by notifying LRMG in writing.
14.9 You are advised that LRMG will use your personal information and/or disclose your personal information to third parties without your consent, if the use or disclosure is –
14.9.1 required in order to comply with applicable law, order of court or legal process served on LRMG; and/or
14.9.2 disclosure is necessary to protect and defend the rights or property of LRMG.
14.10 LRMG will –
14.10.1 treat your personal information as strictly confidential;
14.10.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
14.10.3 provide you with access to your personal information to view and/or update personal details;
14.10.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
14.10.5 provide you with reasonable evidence of our compliance with our obligations hereunder on reasonable notice and request; and
14.10.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control.
14.11 Whilst LRMG will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
14.12 If you disclose your personal information to a third party, such as an entity which operates a website linked to DigitalCampus or anyone other than LRMG, LRMG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
15. RECORD RETENTION
15.1 You acknowledge that LRMG and/or Wits will, for internal record purposes, store your personal information, marks and assignments on their respective electronic databases. LRMG and/or Wits may store hard copies of such information at their respective premises to the extent necessary.
15.2 We will ensure that your personal information is safeguarded as may be reasonably required by POPI.
16. COOKIES
16.1 DigitalCampus may utilise “Cookies”, web beacons and other technologies for data analysis and potential personalisation of DigitalCampus so that LRMG can better serve you with more customised information when you return to DigitalCampus.
16.2 “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and content. “Cookies” can thus be used to enhance your interactive experience and generally improve DigitalCampus. You can set your browser to notify you when you are sent a “Cookie”, giving you the chance to decide whether or not to accept it. If you do accept a “Cookie”, you thereby consent to our use of any personal information collected using that Cookie.
16.3 You agree that your communications on DigitalCampus may be intercepted, as defined in the Regulation of Interception of Communications and Provision of Communications-Related Information Act 70 of 2002 (as amended), by LRMG or any other competent authority.
17. DISCLAIMERS AND LIMITATION OF LIABILITY
17.1 The use of DigitalCampus is entirely at your own risk and you assume full responsibility for any loss or damage resulting from use of DigitalCampus or reliance on any information on DigitalCampus, save where such loss or damage was caused by the gross negligence or wilful misconduct of LRMG, its employees or its authorised representatives.
17.2 LRMG disclaims all liability where any failure in the performance of DigitalCampus is due to circumstances beyond its control and in no way attributable to the gross negligence or wilful misconduct of LRMG, its employees or authorised representatives.
17.3 Under no circumstances will LRMG be liable for direct, indirect, consequential or incidental damages, save where such damages were caused by the gross negligence or wilful misconduct of LRMG, its employees or authorised representatives.
17.4 You acknowledge and accept that, due to the nature of DigitalCampus, it may not meet your subjective requirements or be entirely uninterrupted, complete, timely, secure or error free.
17.5 To the maximum extent permitted by applicable law, LRMG grants no warranties, express or implied, regarding DigitalCampus and any facilities provided including the payment gateways.
17.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, LRMG also makes no warranty or representation, whether express or implied, that the information or files available from DigitalCampus are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of LRMG, its employees or authorised representatives. LRMG thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of DigitalCampus.
18. INDEMNITY
As a condition for your use of DigitalCampus you indemnify LRMG from and against any liability, damage or loss that LRMG incurs or suffers as a result of any action, inaction or omission on your part.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 The Website Content is the property of LRMG who is the licensor and/or provider of DigitalCampus. Unauthorised use is strictly prohibited.
19.2 All title, ownership rights and Intellectual Property rights in and to the Course Content, including but not limited to copyright, rest with LRMG and Wits.
19.3 You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of DigitalCampus. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.
19.4 You undertake not to use DigitalCampus or the Course Content in any way that will infringe any person’s Intellectual Property rights.
20. CHANGES AND AMENDMENTS
LRMG reserves the right to amend these Terms and Conditions from time to time without notification to you. It will be your responsibility to ensure that you are familiar with any amendments. By continuing to access DigitalCampus, you agree to be bound by the latest version of the Terms and Conditions, as published on DigitalCampus.
21. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from DigitalCampus is not permitted if such technology will result in slowing down DigitalCampus’s server or will result in copyright infringement of any Website Content and any other information available from DigitalCampus.
22. LINKS TO THIRD PARTY SITES
22.1 DigitalCampus may contain links to third party websites solely for the convenience of Learners and the inclusion of any third party link does not imply LRMG′s endorsement of such sites.
22.2 Any links to third party websites or pages are not subject to the control of LRMG and LRMG shall not in any way be held responsible or liable, either directly or indirectly, for the contents, services, use, or inability to use or access any linked third party website or any links contained in a linked third party website.
22.3 Notwithstanding the fact that DigitalCampus may refer to or provide links to third party websites, your use of such third party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.
23. AVAILABILITY AND TERMINATION
23.1 We will use reasonable endeavours to maintain the availability of DigitalCampus, except during scheduled maintenance periods, and reserve the right to discontinue providing DigitalCampus or any part thereof without notice to you.
23.2 LRMG may in its sole discretion suspend and modify DigitalCampus, without notice to you. You agree that LRMG will not be liable to you in the event that it chooses to suspend or modify DigitalCampus other than for completing the Courses that you have registered for to the extent possible.
24. GENERAL PROVISIONS
24.1 These Terms and Conditions are governed by the laws in force in the Republic of South Africa.
24.2 In the event of any dispute arising between you and LRMG, you consent to the jurisdiction of the High Court notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court. Nothing in these Terms and Conditions should be understood to prevent you or LRMG from taking any dispute to any court, tribunal, commission, ombud or other body of competent jurisdiction.
24.3 LRMG may legally assign any of its rights and obligations under these Terms and Conditions at any time by giving you notice.
24.4 LRMG may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of DigitalCampus or any of its contents or your right to use DigitalCampus or any of its contents.
24.5 You agree that you shall only use DigitalCampus for lawful purposes and shall not modify, distribute or exploit the contents of the website without LRMG’s prior written consent. You also agree that you shall not abuse or misuse the website or its contents in any manner whatsoever.
25. NOTICES
25.1 As a Learner you agree that your domicilia citandi et executandi (“domicilium”) will be the address as set out in the Application Form. You may, by written notice to LRMG, vary your domicilium to any other address which is not a post office box.
25.2 Should you have any questions or wish to request permission to use any part of the website, including but not limited to linking, framing, or searching and for all purposes under these Terms and Conditions, please contact LRMG at admin@beta-digitalcampus.kineticdigi.com.
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