1.1. “Applicant” is the person applying to be a student at The Hurst Campus;
1.2. “Application” refers to The Hurst Campus application form and supporting documentation submitted to The Hurst Campus for the Application for enrolment of the 3 Advanced Food and Wine Chef Programme.
1.3. “Application fee” is the fee charged by The Hurst Campus for the consideration of an Applicant’s application;
1.4. “CPA” refers to The Consumer Protection Act, Act 68 of 2008;
1.5. “Course” refers to the full period of studies for which application was made;
1.6. “Culinary Arts” relates to the practice of cooking or the activity of cooking or theoretical instruction;
1.7. “Domicile” is the residence where you have your permanent home or principle establishment and the place to, whenever you are absent, intend to return;
1.8. “Electronic Communication” includes communication by telephone, email, text message, and internet and any similar technology or
1.9. “in-service traineeship” refers to the period where a Student is required to attend an internship within the hospitality industry;
1.10. “Party” refers to the parties to this Agreement, the student or The Hurst Campus;
1.11. ”Period of internship”, see 1.9 above;
1.12. “Student” is a person who is accepted by The Hurst Campus to study and is enrolled for the 3 Year Advanced Food and Wine Chef
1.13. “The Hurst Campus” refers to The Hurst Campus (Pty) Ltd (2016/182988/07);
1.14. “The Course” refers to the 3 Year Advanced Food and Wine Chef Programme.
2.1. This Agreement shall commence when the Student is accepted at The Hurst Campus and will continue indefinitely until terminated by The Hurst Campus for any reason;
2.2. An acceptance letter will be sent to a Student once the Student is accepted to study at The Hurst Campus.
3. BINDING NATURE OF THESE TERMS AND CONDITIONS
3.1. These Terms and Conditions are a legally binding Agreement between the Student and The Hurst Campus;
3.2. The Student is deemed to have read, understood and agreed to these terms and conditions;
3.3. The Student is deemed to have the required legal capacity to enter into and be bound by the terms and conditions stipulated herein, and where a Student is a minor has entered into this agreement with the consent of his or her parent or Guardian;
3.4. The Student guarantees and agrees to be personally liable for all obligations arising from this Agreement.
4. MINIMUM ENTRY REQUIREMENTS
4.1. The Hurst Campus’s minimum requirement for the enrolment of a Student is a National Matric Certificate/High School leaving certificate including O or A Levels and a good understanding of English because all classes are conducted in the English language;
4.2. The Student is to have a valid motorcycle/ driver’s license and reliable transport for getting to and from their internship. Internships commence in Sept/January annually.
4.3. The Student must meet the full academic and practical requirements before being able to advance to the second or third year of tuition;
4.4. A Student may repeat a tuition year where he/she has not met the requirements contemplated in 4.3 above, subject to minimum achievement requirement, class availability, payment of tuition fees and a successful application to The Hurst Campus.
5.1. The Hurst Campus makes reasonable efforts to provide the program of study, research opportunities, facilities and other services in the way it has been described;
5.2. Whilst every effort has been made to ensure the information supplied is accurate, The Hurst Campus cannot be held responsible for any errors and/or omission(s);
5.3. The Hurst Campus accepts no responsibility for the delay where the consideration of an application is delayed either because the information furnished in the application is incorrect or because information asked for in the application form has been left out.
6. APPLICATION PROCESS
6.1. The date of receipt by The Hurst Campus of the completed application form from the Student will be deemed to be the effective date of the application;
6.2. The application cannot be accepted for consideration unless the application form has been fully completed, signed in full by the Applicant, where necessary also by the Applicant’s Parent or Guardian and the Surety, and initialed by each party on the bottom right corner of each page of the application;
6.3. Without the appropriate supporting documents the application cannot be processed for consideration. The completed application form must enclose the following documents:
6.4. Certified copy of high school leaving/matric certificate;
6.5. Transcript of most recent school results if still in the process of completing high school;
6.6. One reference letter;
6.7. Certified copy of Identity document / passport;
6.8. Two ID / passport photographs;
6.9. Proof of payment of Application Fee;
6.10. Signed copy of The Hurst Campus application form, including the Terms and conditions by the Applicant and all other signatories; all pages to be initialed in the bottom right hand corner;
6.11. Hand written motivational letter of 250 words by the Applicant in English.
6.12. Only the original application form will be accepted for processing and an applicant is not allowed to submit more than one application form for the same period of study;
6.13. The non-disclosure by the Student of any important personal information during the application process will amount to a breach of the Agreement and The Hurst Campus will be entitled to terminate the Agreement in terms of clause 10 below. Personal information shall include but is not limited to the information requested in the application form and includes the full disclosure of all criminal infringements, criminal records and / or disciplinary hearings.
7. APPLICATION FEE
7.1. The Application Fee is a fee charged by The Hurst Campus for the consideration of the application by the Applicant to study at The Hurst Campus and does not amount to a deposit, advanced booking, reservation or order as referred to is Section 17 of the Consumer Protection Act, Act 68 of 2008;
7.2. The Application fee is to be paid electronically into The Hurst Campus’s account using the Applicants name and surname as a reference and proof thereof must accompany the application form;
7.3. Payment of the Application Fee does not automatically qualify an Applicant to study;
7.4. In the circumstances where an application is refused by The Hurst Campus, the Applicant will be reimbursed the full application fee.
8.1. The fees, relevant levies and other costs for the Student’s studies at The Hurst Campus are the Student’s responsibility and should the Student fail to make payment, legal action shall be instituted against him/her. These legal fees and collection costs will be paid by the student applicant in addition to all outstanding fees;
8.2. On acceptance of the application the Student will become liable for the payment of the tuition fees and charges in accordance with the payment option elected in the application;
8.3. All outstanding fees and charges are to be paid in full prior to the Student being admitted to lectures, exams, internship or graduation;
8.4. Annual course fees quoted may be subject to change without written notice.
9. TERMINATION & CANCELLATION FEES
9.1. Should the Student decide that he/she does not wish to complete a future particular academic year, the Student may cancel the Agreement by providing the following written notice to The Hurst Campus prior to the starting day of that academic year:-
9.1.1. Two (2) calendar months prior written notice during the first year of tuition;
9.1.2. 45 (forty five) days prior written notice during the second or third year;
9.2. The Student will be liable to The Hurst Campus for any amounts owed to The Hurst Campus in terms of the Agreement up to the date of cancellation;
9.3. Should the Student cancel the Agreement as contemplated in paragraph 9.1 above, The Hurst Campus will impose a reasonable cancellation fee with respect of studies provided to the Student in contemplation of the Agreement enduring its intended term and as follows:
9.3.1. Where a student provides notice of a cancellation of at least two (2) calendar months prior to the start of a new academic year The Hurst Campus will not charge a cancellation fee for the cancellation of the Agreement.
9.3.2. Where a Student provides notice of cancellation during an academic year, The Hurst Campus will impose a cancellation fee equivalent to the residue of the tuition fees for that academic year only and not for the full course;
9.3.3. The cancellation fee will become immediately payable to The Hurst Campus on receipt of the written notice from the Student.
10.1. In the event that a Student breaches any term of this Agreement or fails to fulfil any obligation imposed upon him/her in terms of The Hurst Campus code of conduct or rules, including a failure to pay any amount owing to The Hurst Campus then, The Hurst Campus may forthwith and without notice to the Student either terminate this Agreement or call for specific performance in respect of all the Student’s obligations and immediate payment of all sums of money owing by the Student;
10.2. The Hurst Campus shall be entitled to forthwith or without notice terminate this Agreement in the event that the Student is sequestrated;
10.3. In the event that the Student fails to effect payment of any amount owing to The Hurst Campus on the due date, the Student shall be liable to effect payment with interest at the prevailing legal interest rate of 15.5% per annum from the due date to the date of payment;
10.4. In the event that the Student breaches any term of this agreement, then the Student agrees that he/she shall be liable for all legal expenses of The Hurst Campus on the scale as between attorney and client, which shall include interest, tracing fees and collection commission as the case may be;
10.5. In addition to the above, any Student whose Agreement is cancelled/terminated due to a breach on the Students behalf will not be permitted to complete their course and examinations. Any fees or monies due to The Hurst Campus shall become due and payable immediately upon termination.
11. APPLICABLE LAW
11.1. This Agreement has been concluded in the Republic of South Africa and as a result shall be governed by and construed in accordance with laws of the Republic of South Africa and the jurisdiction of the South African Courts;
11.2. In the event of any dispute between The Hurst Campus and the Student arising out of this Agreement, the South African law will apply and the appropriate courts of South Africa shall have jurisdiction;
11.3. The Student agrees that The Hurst Campus shall be entitled, but not obliged, to institute any action against the Student arising out of this Agreement in any Magistrate’s Court having jurisdiction in terms of Section 28 of the Magistrate’s Court’s Act No. 32 of 1944 (as amended), notwithstanding that the amount of the claim might otherwise exceed the jurisdiction of that Court.
12. ELECTRONIC COMMUNICATIONS
12.1. By communicating with The Hurst Campus via electronic means, the Student consents and acknowledges that all agreements, notices, discloses or for any other communication satisfies any legal requirement, including, but not limited to the requirement that such communications should be “in writing”;
12.2. No electronic mail shall be deemed to have reached The Hurst Campus until such time that a response has been issued from The Hurst Campus. This does not include an automated response from The Hurst Campus.
13.1. The Student undertakes not to institute any claim of any nature against The Hurst Campus, their Landlord or any employee of The Hurst Campus and not to hold The Hurst Campus or any employee of The Hurst Campus responsible for any damage or loss of any nature whatsoever that the Student, personally, or any property belonging to the Student may sustain and which directly or indirectly follows from any of the following:-
13.2. The Student’s participation in any activity of any nature whatsoever that is related to his/her studies or training, or to sport or recreation of any nature;
13.3. The Student’s utilization of any premises, building, equipment or facility of The Hurst Campus of any nature whatsoever, or his/her residence in or visiting of The Hurst Campus’s accommodation; and that such participation, utilization, residence or visiting will be undertaken by the Student at his or her own risk and the Student freely accepts the risks involved therein.
14. LIMITATION OF LIABILITY
14.1. The Hurst Campus makes no warranty, nor accepts any responsibility or liability of any nature whatsoever, for:-
14.2. Any claims, loss or damage of whatsoever nature arising out of or in connection with the supply of any services in any way related to the Agreement;
14.3. The termination and/or suspension of the Agreement;
14.4. Any information not being correct or not being available for any reason whatsoever.
15. PERSONAL DATA
15.1. The Hurst Campus agrees that they will collect personal data only in a fair and lawful manner and only if the Student consents to the collection and use of such data;
15.2. The Hurst Campus undertakes not to use or disclose in any way or permit the use or disclosure of such personal data that could be used to identify an individual Student except:-
15.2.1. When The Hurst Campus is required by law to disclose such personal data;
15.2.2. When the Student consents in writing to the use or disclosure of such personal data;
15.2.3. When The Hurst Campus needs such personal data for the proper functioning of The Hurst Campus programs;
15.3. Whilst The Hurst Campus will take all reasonable steps to ensure the security and privacy of the Student’s personal information, the Student acknowledges that it is not possible for The Hurst Campus to ensure complete security and privacy of all its Students’ information and the Student agrees that he/she will have no claims against The Hurst Campus in the event of a failure of security or privacy.
16. STUDENT RESPONSIBILIES
16.1. During orientation the students will receive and sign The Hurst Code of Conduct agreement which outlines all academic and non- academic policy;
16.2. Students are directly responsible for advising the administration department should there be any changes to the contact details or information given on the application form;
17.1. If any term, condition, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, or requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement;
17.2. The terms and conditions contained herein, read together with the applicants declaration, constitute the entire Agreement between The Hurst Campus and the Student. Any failure by The Hurst Campus to exercise any right or provision contained in these terms and conditions shall not constitute a waiver of such right or provision.
18.1. The Student chooses as his/her address to receive any legal documents for all purposes under this Agreement as the physical address which was supplied in the application form;
18.2. All notices delivered in terms of this Agreement must be in writing;
18.3. If any notice is delivered by hand, it will be deemed to have been delivered on the date of delivery. If any notice is transmitted by fax or e- mail, it shall be deemed to have been received on the day of transmission. If a notice is delivered by post, it shall be deemed to have been delivered on the fifth day following transmission unless such day is a Saturday, Sunday or public holiday, in which case it shall be deemed to have been received on the first business day following such date.
19.1. No extension of time, waiver or relaxation of any of the provisions or terms of this Agreement or any document issued pursuant to or in terms of this Agreement shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude such party (save as to any extension, waiver or relaxation actually given) thereafter from exercising its rights strictly in accordance with this Agreement.
20.1. No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or it’s breach or termination shall be of any force or effect unless reduced to writing and signed by all parties or their duly authorised representatives.