1.1 “Monudox (Pty) Ltd” refers to the holding Company of The Hurst Campus and is situated at 132 Main Road Paarl.
1.2 “Applicant” is the person applying to be a student at Monudox (Pty) Ltd t/a Monudox thereafter referred to as the Campus
1.3 “Application” refers to Campus application form and supporting documentation submitted to the Campus for the Application for enrolment of the QCTO – 3 Year Occupational Chef Certificate
1.4 “Application fee” is the fee charged by the Campus for the consideration of an Applicant’s application.
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 Campus.
1.11 “Period of internship”, see 1.9 above.
1.12 “Student” is a person who is accepted by the Campus to study and is enrolled for the QCTO-3 Year Occupational Chef Certificate
1.13 “The Campus” refers to Monudox (Pty) Ltd (2016/182988/07)
1.14 “The Course” refers to the QCTO 3 Year occupational Chef Certificate
2.1 This Agreement shall commence when the Student is accepted at the Campus and will continue indefinitely until terminated by the Campus for any reason or graduation.
2.2 An acceptance letter will be sent to a Student once the Student is accepted to study at the Campus, and the grant/bursary funding has been approved for each academic year.
2.3 A student may only migrate to the following academic year once their bursary/grant funding has been approved and they have met the full academic requirements.
3. BINDING NATURE OF THESE TERMS AND CONDITIONS
3.1 These Terms and Conditions are a legally binding Agreement between the Student and 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 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 responsible for their own transport arrangements during their internship placement.
4.3 The Student must have met the full academic and internship 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 and class availability.
5.1 The 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 Campus cannot be held responsible for any errors and/or omission(s).
5.3 The 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 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 bursary/ grant payment has been approved and paid to the campus.
6.3 Without the appropriate supporting documents and fee, the application cannot be processed for consideration.
6.3 Signed copy of the 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.
6.4 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 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
The campus charges R1000.00 as an application fee.
7.1 The Application Fee is to be paid electronically, it is a fee charged by the Campus for the consideration of the application by the Applicant to study at the Campus and does not amount to a deposit, advanced booking, reservation or order as referred to in Section 17 of the Consumer Protection Act, Act 68 of 2008;
7.2 The Application fee is to be paid electronically into Campus’s account.
7.3 Payment of the Application Fee and completion of the Application form does not automatically qualify an applicant to study at the Campus.
8.1 The applicant’s fees will be paid by an approved Grant/Bursary. The Campus undertakes to Pay the student and agreed stipend from the approved Grant/Bursary during the months that they attend the Campus for tuition. During internship, the student will be paid and agreed stipend/salary by the internship establishment. The Campus will apply for said Grant/Bursary to the third party, however the Campus is not responsible for the student’s tuition fees in the event where the Grant/Bursary is declined. The Campus will not apply for Year 2 & Year 3 Bursary/Grant funding for any applicant who has not met the minimum academic and internship requirement
The student will be responsible for paying for the following:
• Flat, black enclosed formal safety shoes with a steel cap toe for all practical sessions (no crocs).
• Personal meals and drinks in the cafeteria and coffee bar,
• Personal printing/photocopies and stationery, project work and assignments.
• Accommodation, laundry, transport costs to and from the school and internship
• Supplementary exam fees, extra lessons, late assignment submissions, repeating any part of the curriculum,
• Replacement of lost or broken items, including items of value supplied by us such as your knife kit, student visas and any medical aid/bills and personal insurances.
8.2 The Campus will review the academic and practical performance of all applicants before applying for funding for the second and third year of studies.
9. TERMINATION & CANCELLATION FEES
9.1 Should the Student decide that he/she does not wish to complete a future academic year, the Student may cancel the Agreement by providing written notice to the Campus. The Campus will notify QCTO and CATHSSETA of the applicant withdrawal form the program. The Student Stipend will be cancelled as per confirmation of termination of contract letter
10.1 If a Student breaches any term of this Agreement or fails to fulfil any obligation imposed upon him/her in terms of the Campus boundaries. The Campus may forthwith without notice.
10.2 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 and will have to leave the campus with immediate effect.
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 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 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 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 Campus until such time that a response has been issued from Monudox. This does not include an automated response from Monudox.
13.1 The Student undertakes not to institute any claim of any nature against Monudox, their Landlord or any employee of the Campus and not to hold the Campus or any employee of the 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 Campus of any nature whatsoever, or his/her residence in or visiting of Monudox’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 Campus makes no warranty, nor accepts any responsibility or liability of any nature whatsoever, for:
14.1.1. 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.
14.1.2 The termination and/or suspension of the agreement.
14.1.3 Any information not being correct or not being available for any reason whatsoever.
15 PERSONAL DATA
15.1 The 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 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: –
184.108.40.206 When the Campus is required by law to disclose such personal data.
220.127.116.11 When the Student consents in writing to the use or disclosure of such personal data.
18.104.22.168 When the Campus needs such personal data for the proper functioning of the Campus programs.
15.3 Whilst the 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 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 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 Campus 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 Campus and the Student. Any failure by the 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 authorized representatives.