Edu Corp | Terms And Conditions

Expiry and Renewal of Fixed Term Agreements

1. A consumer who has a fixed term contract with EduCorp will have their contract cancelled at the end of the contract period.
2. A consumer may, at the end of the fixed term period, cancel their contract with EduCorp upon the end of the fixed term contract being reached; or at any time during the contract by providing EduCorp with 20 days notice, in writing, provided that upon the cancellation of a consumer agreement -
2.1 the consumer remains liable to the supplier for any amounts owed to the supplier in terms of that agreement up to the date of cancellation; and
2.2 the supplier—
(i) may impose a reasonable cancellation penalty with respect to any goods supplied, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended fixed term, if any; and
(ii) must credit the consumer with any amount that remains the property of the consumer as of the date of cancellation, as prescribed By the Minister in the Government Gazette with regards to;
(a) maximum duration for fixed term consumer agreements, generally, or for specified categories of such agreements;
(b) the manner and form of providing notices to the consumer in terms of subsection (1)(c) of the Consumer Protection Act 68 of 2008;
(c) the manner, form and basis for determining the reasonableness of credits and charges contemplated in (2) above; and
(d) other incidental matters as required to provide for the proper administration of this section.

Consumer’s right to cooling-off period after direct marketing

1. A consumer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice to the supplier in writing, or another recorded manner and form, and any related credit agreement for the supply-
(a) of goods within 7 (seven) days after the of receipt of the goods; or
(b) of service within 7 (seven) days after the date of conclusion of the agreement
2. EduCorp will—
(a) return any payment received from the consumer in terms of the transaction within 30 business days after—
(i) receiving notice of the rescission, if no goods had been delivered to the consumer in terms of the transaction; or
(ii) receiving from the consumer any goods supplied in terms of the transaction; and
(b) not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of the refund and return policy below and the Consumer Protection Act 68 of 2008.
3. If payment of the goods or services have been effected prior to the consumer exercising his right referred to in clause 1 of this section, and the consumer has not waived his right to be subject to this section or has consented to such service being rendered prior to him/her enjoying this cooling-off period, the consumer will be entitled to a full refund of such payment, which refund will be made within 30 days of date of cancellation.
4. If a consumer has consented to the commencement of a service that is rendered by EduCorp, or such service is effected before the end of the 7 (seven) day cooling-off period, the consumer is then not entitled to cancel the agreement or transaction without penalty and therefore subject to EduCorp deducting from the refundable amount, the cost of such reasonable services which have already been rendered to, or utilized by the consumer in terms of a particular transaction and with specific reference to the refund and return policy below and in terms of the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.
5. If any goods or services have been tailored to the consumer’s specific needs, the consumer will not have right to return, refund or cancellation policies without an evaluation of what a reasonable penalty fee will be to effect such request, which will be off-set from the refund amount or from monies that are due and owing to the consumer in that specific transaction.

Consumer’s right to cancel advance reservation, booking or order

1. A consumer who has placed, in advance, any special-order goods, does not have a right to cancellation as per below.
2. A consumer may cancel any advance booking, reservation or order for any goods or services to be supplied, subject to (3) and (4) below.
3. If EduCorp makes a commitment or accepts a reservation to supply goods or services on a later date it may —
(a) require payment of a reasonable deposit in advance; and
(b) impose a reasonable charge for cancellation of the order or reservation, subject to (5) below.
4. For the purposes of this section, a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to—
(a) the nature of the goods or services that were reserved or booked;
(b) the length of notice of cancellation provided by the consumer;
(c) the reasonable potential for the service provider, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice, and the time of the cancelled reservation; and
(d) the general practice of the industry in which EduCorp operates.
5. EduCorp will not impose any cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose benefit the booking, reservation or order was made, in such case, adequate proof for this is required.

Performance

1. EduCorp will execute the order within 30 days after the day on which it received the order, unless the parties have agreed otherwise.
2. Where EduCorp has failed to execute the order within 30 days or within the 15 agreed period, the consumer may cancel the agreement with 7 (seven) days written notice.
3. If EduCorp is unable to perform in terms of the agreement on the grounds that the goods or services ordered are unavailable, EduCorp will immediately notify the consumer of this fact and refund any payments within 30 days after the date of such notification.

Changes, deferrals and waivers, and substitution of goods

The supply of services provided by EduCorp as a result of a change to an existing agreement, or a deferral or waiver of a right under an existing agreement, is not to be treated as creating a new agreement for the purposes of the Consumer Protection Act 68 of 2008, if the change, deferral or waiver is made in accordance with this the agreement or in compliance with the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

Unfair, unreasonable or unjust contract terms

1. EduCorp’s supply of services to the consumer are marketed and are supplied at prices and on terms that are fair, reasonable and just.
2. Any EduCorp requirement, when entering a transaction, of having the consumer waive any of his/her rights; assume any obligations and waive any liability of EduCorp as the supplier of services, are set on terms and conditions that are fair, reasonable and just.

Protection of Consumer’s Personal Information

1. All personal information, collected from a consumer in order to initiate a mandated transaction, by an EduCorp agent, is solely utilized for the lawful purpose and execution of the required transaction in accordance with the telephonic mandate and shall not be used for any unauthorized purpose.
2. Any person attempting to, or attempting to aid and abet another to, utilize, distribute or reproduce a consumers’ confidential details, for purposes other than what such information was collected for, and who performs or threatens to perform any illegal acts which are of a fraudulent, forgery or computer-related extortion nature, for the purpose of obtaining any unlawful proprietary advantage thereby causing harm or loss to the consumer, shall be guilty of an offence and will be criminally prosecuted.
3. An appropriate fine or term of imprisonment shall be enforced against any guilty parties as per Section 89(3) of the Consumer Protection Act 68 of 2008.

EduCorp is in compliance with the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

EduCorp will provide all legally required information on its website and consumers who enter into a valid transactions with EduCorp, by way of a telephonic mandate, may gain access to proof of such mandate by calling in and requesting same.

Educorp reserves the right to cancel all services due to non-payment. Escalation of subscription amount may be increased by up to 15% per annum based on inflationary and operational costs.


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