About Two Oceans Graduate Institute
History and Background
Background of Two Oceans Graduate Institute (TOGI)
Two Oceans Graduate Institute (NPC) is a private higher education institution situated in Cape Town in the beautiful Western Cape Province of the Republic of South Africa. The Institute is provisionally registered with the South African Department of Higher Education and Training as a private tertiary institution under the Higher Education Act, 1997 (Registration certificate No. 2017/HE08/001). The provisional registration is valid until 31 December 2021. It will be amended to full registration in the beginning of 2022 upon the successful submission of an application for re- accreditation with the Council on Higher Education.
At present the primary focus of Two Oceans Graduate Institute is to train teachers for public and private primary and secondary schools in a variety of contexts. The day-to-day operation is managed by an Executive Committee consisting of a chief executive officer and two executive directors. The institution is governed by a Board of Directors consisting of four executive directors and two non-executive directors.
About (2OEF) 2 Oceans Education Foundation
The mission of the Two Oceans Graduate Institute is directly integrated with the work and contribution of the Two Oceans Education Foundation. This Foundation was established in 1984 with the explicit purpose of providing basic education to learners in the Western Cape region, especially to those in disadvantaged communities in and around the Cape Peninsula.
The Foundation has been instrumental in establishing several private schools in various communities. The purpose of these schools is upliftment through the provision of quality education. A strong focus is placed on leadership development as well as on post-school education and training. One of these schools, established in Manenburg in Cape Town in 2011, provides free education to academically gifted children from a community with considerable socioeconomic shortfalls.
Against this background, the Foundation saw the need for teacher training. During 2012 the Foundation took the decisive step towards establishing a private higher education institution with the primary purpose of training teachers. After a process of broad consultation with government bodies, higher education institutions, stakeholders and experts in the field, the Foundation applied for the accreditation of a B.Ed. (Intermediate Phase) qualification in September 2012. The result was the establishment of the Two Oceans Graduate Institute.
This initiative accords with the work of the Foundation in the provision of quality education within the context of diverse educational and socioeconomic needs. The decision to commence teacher training at the Intermediate Phase reflects the desire to contribute to the improvement of education in primary schools. Providing quality teaching in the primary school sector, focussing particularly on literacy and numeracy competence will have far-reaching benefits for learners in secondary school as well as post-school, tertiary education.
Mission of Two Oceans Graduate Institute
The decision by the Two Oceans Education Foundation to establish a teacher training institution is embedded in the vision and mission of the Foundation itself.The vision of the Foundation is to:
- Provide quality education for all
- Educate and empower learners from impoverished backgrounds
- Establish free and low cost community schools in less-privileged communities
- To train prospective teachers from a faith-based and values-based point of departure
- To inculcate appropriate norms, values and attitudes for the effective teaching of children
- To deliver graduates who can interpret education against the background of the broader South African context with specific reference to the diverse socio economic needs and cultural contexts of various communities
- To deliver graduates who will create equal opportunities for all learners, especially those from disadvantaged backgrounds, in order to develop their innate leadership abilities
Vision StatementIt is the vision of the Two Oceans Graduate Institute to
- Provide high quality tertiary education for all
- Define tertiary education on a faith and values based ethos
- Bring academia and students from different backgrounds together
- Implement the most relevant research based distance and online teaching and learning strategies, complimented by limited contact tuition
- Develop learning programmes and deliver graduates with an eye on the restoration of communities
- Encourage full time and part time lecturers to inform their teaching and learning through ongoing research and publications in accredited journals
Course Fee StructureRegistration
- Registration is valid for 12 months
- Registration amount of R 1 900.00 is offset against the Cluster's Total Due Amount
- Cluster's Total is calculated on your selected Modules for that Semester
|Application Fees||R 290.00|
|Registration Fees||R 1 900.00|
|Modules of 5 Credits||R 1 370.00|
|Modules of 10 Credits||R 2 740.00|
|Example Cluster 1 Total (Consisting of 7 Modules)||R 16 440.00|
|Example Cluster 1 Total - Less (Registration Fee - R 1 900.00)||R 14 540.00|
|Monthly installments (5 months)||R 2 908.00|
Note that due to the Augmented Course offer and Module choices per Student we can only give you an overview Click Here to Contact Us to Estimate your Cost as per your required Application.Applicants are required to pay an Application Fee of R 290
|Account Name||2 Oceans Graduate Institute NPC|
|Account Type||Cheque Account|
We encourage you to read these terms carefully, and to contact us if you have any questions. By using our services or registering for a course, you agree to be bound by, and to abide by, these Terms. If you do not agree to be bound by these Terms, or are not able to enter into a binding agreement, then unfortunately you may not register for a course or use our services.
Welcome to Two Oceans Graduate Institute
- These Student Terms and Conditions ("Terms") set out the terms and conditions that govern your use of Two Oceans Graduate Institute's products and services (like our website services and course content), as well as your registration for any short course or other program ("Course") offered by Two Oceans Graduate Institute. These Terms can also be seen as your comprehensive Student Handbook, information source and rulebook. We hope that you find this information helpful.
- Although all these Terms are important, please pay particular attention to any terms that are emphasised in "bold" text.
Accessing Two Oceans Graduate Institute
- Acceptance: By clicking on the "Agree" button when signing up for a Course, you agree to be bound by these "Terms", which include, by reference, the Policies.
- License: Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the Learner Management System through which Course content is accessed (this "Learner Management System" is our student management system that we use to facilitate constructive interaction between Two Oceans Graduate Institute, students and university stakeholders).
- Suitability of Course: Before registering for any Course, you are responsible for satisfying yourself as to the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our Websites, and asking questions, if necessary.
- Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Learner Management System, once you have made the required minimum payment for the Course (unless otherwise specifically stated in the information pack relevant to your Course). There may also be a delay of access to the Learner Management System until you are formally enrolled in our records, or until the Course commencement date.
- Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a Course.
- Accessibility statement: Two Oceans Graduate Institute is committed to providing a Learner Management System that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our Website and Learner Management System for all our students, including those with disabilities, as more fully described below:
- Standards: We aim to conform to level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0.
- Reviews: Our Learner Management System is periodically reviewed by an accessibility expert who uses a range of different assistive technologies and computer settings to test the Learner Management System for conformance with the above standards of accessibility, and we are committed to diligently and timeously resolving all areas of non-conformance.
- Exceptions: While we strive to ensure that our Learner Management System conforms to level AA of the WCAG 2.0, there may be limited exceptions where the Learner Management System is not yet fully up to level AA standard. We are continually seeking out solutions that will bring all areas of the Website and Learner Management System up to the same level of overall accessibility. Please note that our marketing websites may not currently conform to level AA of the WCAG 2.0.
- Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or Learner Management System, or would like further insight into our Accessibility Policy and accessibility accommodations, please don't hesitate to contact your Student Success Team or email firstname.lastname@example.org. Two Oceans Graduate Institute reviews all requests for disability-related accessibility accommodations, and is resolved to taking commercially reasonable steps to extend the Learner Management System' functionality to accommodate all our students.
- Registration online: Students can register for Courses online through the links available on our LMS Portal.
Basic requirements: In order to complete a Course, you will need a current email account and access to a computer and the internet. You should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read and create documents in Microsoft Word. In addition, you will need to install Adobe Flash Player to view the video lectures, resources and activities available in each Course module. Both Adobe applications are available for download:
Adobe Reader: https://get.adobe.com/reader/
Adobe Flash Player: https://get.adobe.com/flashplayer/
Browser requirements: We recommend that you use Google Chrome as your internet browser when accessing the Learner Management System. Although this is not a requirement, we have found that this browser performs best for ease of access to Course material. This browser can be downloaded from the following website:
- Additional requirements: Certain Courses may require additional software and resources. These additional software and resource requirements will be communicated to students upon registration and/or at the beginning of the Course. Please note that Google, Vimeo and Youtube may be used in our Course delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing Course content – we strongly recommend that you check with us before registering for a Course if you have any concerns about this affecting your experience with the Learner Management System.
- Identification: During the Course presentation, you will be required to submit a digital copy of formal identification, which reflects the name provided upon registration, for authentication and record purposes. Acceptable forms of identification include an identity document (national ID card), passport, government- or state-issued driver's license, state or province ID card, or birth certificate. Non-submission of valid identification may result in a certificate not being issued to you upon completing a Course successfully. If you undergo a name change during the presentation of a Course, you will be required to communicate this to your Success Manager, who will advise you on the process to be followed. The name provided by you will be the one that appears on any certificate that may be issued to you on successful completion of a Course.
- Disclaimer: You are obliged to source and obtain access to the necessary software and resources required for Course completion at your own cost, and we won't be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless expressly stated otherwise – these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising you through the Learner Management System or by email to your chosen email address.
- University Records: The University collaborating on your Course shall have discretion to deny your registration for that Course, remove you from that Course, or suspend your activity on that Course, on the basis of written reasons related to outstanding fees owing to the University, misconduct or other lawful impediment. In the event that the University takes such action, your full Course fee will be refunded, and you will need to engage with the University to resolve any dispute arising from this.
- Language: English is the language of instruction and administration for all Two Oceans Graduate Institute Courses. All coursework that is required for assessment purposes must be written in English. This includes posts made on the discussion forum.
- Learner Management System: Each Course consists of a number of modules delivered over a specified period through the Learner Management System, accessible using the "Learner Management System" website link provided with your registration. All Course-related documentation is provided in electronic format and can be accessed through the Learner Management System.
- Communications: You may receive communication by telephone, email or text message from Two Oceans Graduate Institute representatives for Course administration and related purposes, including reminders of assignments and payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).
- Access to Learner Management System: Upon your final enrolment for a Course, a profile will be set up for you in the Learner Management System (or, if you already have a profile, you will use your existing profile for the new Course). If you are suspended from participation in a Course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the Learner Management System. Please note that there may be some time delay between registration and enrolment.
- Permitted use: Only students who are registered for a Course may participate in that Course. You may not divulge your username or password to any other person, may not permit any other person to participate in the Course on your behalf, and may not impersonate any other person in dealing with Two Oceans Graduate Institute or access the Learner Management System using another user's username and password. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you re-gain access to your profile. You are prohibited from doing the following:
- Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Learner Management System.
- Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Course content (an example of this would be to edit the IPTC data).
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
- Making available copies of the Course content on a network server or web server for use by others.
- Using, displaying or otherwise making available the Course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
- You will be allocated a dedicated Success Manager during the Course who will ensure that you have access to Course materials, and are supported and well informed about Course happenings. Your Success Manager will also provide you with guidance related to administrative and Course-presentation based queries, and will be available during University hours by telephone, email and the discussion forum in the Learner Management System.
- Global Success Managers are made available to you to handle any administrative or technical-related queries that you may experience on a Course presentation. These Global Success Managers are there to offer general support not related to your specific Course, and will be available 24/7 by telephone and email.'
- General: All courses are based on continuous assessment and there are no examinations, unless stipulated otherwise for a specific Course.
- Modules: Modules may include assignments that count towards the final Course result. The Head Tutor will assess your assignments within an allocated time period. Any queries relating to your previous assignment that will affect the submission of your next assignment should be asked on the Learner Management System discussion forum.
- Graded Courses: Graded Courses are formally graded and assessed by the Head Tutor. The Head Tutor will allocate a grade for each assignment in accordance with the assessment criteria and procedure for allocation of marks.
- Peer review Courses: Peer review Courses are usually not formally graded and are assessed through a peer review process. However, select Courses have a peer review function within the Course which is assessed and graded. Unless the Course specifically requires that students be partnered with another student also participating in that Course, the assignments completed will be randomly allocated to a set of fellow students for review. You will be able to see who you are reviewing and who has reviewed you. The Head Tutor, Tutor or assistant marker where appropriate, also reviews assignments and provides expert advice and guidance.
- Assignment release: Assignments are released on the date and time indicated in the Course calendar.
- Assignment submission: Assignments are due to be submitted on the date and time as indicated in the Course calendar or as otherwise indicated by your dedicated Success Manager. You will usually be given a full week (including the weekend) to complete and submit assignments. No late assignments will be accepted after the specified deadline in the Learner Management System.
- Late submission of assignments: If you wish to apply for an assignment extension you will be required to make this request through the Learner Management System. Assignment extensions may be granted under anticipated and unanticipated circumstances, and only at your Success Manager and Tutor's discretion (you will not automatically be entitled to an extension). Examples of anticipated and unanticipated circumstances that may be accepted are specified in the extensions policy accessible through the Learner Management System. Extension requests for anticipated circumstances must be submitted in advance before the assignment due date, and unanticipated circumstances requests must be submitted no later than 48 hours after the assignment deadline. The number of extension requests during the Course is limited to 1 extension per submission, and may not be applied to more than 50% of the total number of graded assessments for the Course.
- Holidays and work trips: Allowances for late submission of assignments will not be made if you are away on holiday or on a work trip. The Course dates are clearly provided in the information pack or documentation that is available to you before a Course commences, and it is your responsibility to ensure that you are able to complete the Course by submitting assignments on time.
- Assignment rewrites: Rewrites of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, rewrites provide an unfair advantage.
- Assignment re-marks: For graded Courses you may request, in writing, a re-mark of an assignment at any stage of the Course. However, no re-marks will be considered after the final results have been released. Please note that re-marks may result in an increase, decrease or no change to your mark. The cost of an assignment re-mark is available on request. A re-mark must be requested in writing to your Success Manager, and the re-mark fee paid, before final results have been released for the Course.
- Final results: Your final result or completion status may be subject to a moderation process. This process involves a moderator reviewing the completed assignments or assessments and altering the results if required. After this process has been completed, you will be notified of the release of final results on the Learner Management System. If you have outstanding fees or amounts owing, your final result will be withheld until such time as your fees have been settled in full. If you are dissatisfied with your academic standing (final result for the Course) you are within your rights to submit an appeal within 7 working days after the final results have been made available by contacting your Success Manager, who will explain the appeals process to you.
- General rules: You are required and encouraged to contribute to the enhancement of the experience of all students and to encourage enthusiasm for learning, intellectual honesty, vigour in debate, openness and respect for fellow students. All students are required to adhere to the following core principles or general rules, and by working together, we can continue to foster a respectful learning environment where we improve lives through better education:
- 1: Students must take responsibility for their own learning, while also interacting constructively with their fellow students, Student Success Team, Head Tutor and Tutors.
- 2: Students must treat all representatives of Two Oceans Graduate Institute, university representatives collaborating on a Course, their fellow students, and any other person encountered through Two Oceans Graduate Institute's services (" Two Oceans Graduate Institute Stakeholders") with dignity and respect.
- 3: Students must not abuse or otherwise interfere with any Two Oceans Graduate Institute Stakeholder in any manner which contributes to disrupting their work, or contribute in an intimidating, hostile or demeaning manner. In particular, Students may not contribute any intimidating or hostile comments in relation to any Two Oceans Graduate Institute Stakeholder's occupation, opinions, race, gender, beliefs or sexual orientation.
- 4: Assignments and all other academic submissions for assessment must be a Student's own work (except for assignments that explicitly permit collaboration). Students must not plagiarise or engage in any other form of academic dishonesty.
- 5: Students may not make, distribute, reproduce, copy, or make use of any material in which copyright resides, without the permission of the author(s) or owner(s).
- 6: Students must comply with any reasonable instruction of a Two Oceans Graduate Institute representative.
- Students must refrain from dishonest conduct in completing their assignments and must not copy the work of fellow students or published sources.
- Students may not allow fellow students, friends, family members, or any other individuals to complete their academic work on their behalf.
- Each assignment requires you to accept a plagiarism declaration. This declaration is to be taken seriously as each student is accountable for their own work.
- Instances of plagiarism will be investigated by Two Oceans Graduate Institute and may involve consultation with the relevant university or college collaborating on your Course.
Pricing, payment and delivery
- Course fees: When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course.
- Tax Invoices in electronic format: You hereby consent to the receipt of an invoice, which shall be sent to you in electronic format, to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
- Currency of invoice: The price of Courses will be reflected in United States Dollars for Courses provided with Universities based in the United States, Pound Sterling for Courses provided with Universities based in the United Kingdom, and South African Rands for Courses provided with Universities based in South Africa.
- Bank charges: In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
Payment of VAT: Unless the contrary is stated in your invoice or information pack:
- for all Courses presented in collaboration with Universities in the USA and UK, all listed Course fees include VAT as it would relate to a person residing in the European Union;
- for all Courses presented in collaboration with Collaborators in South Africa, all listed Courses fees are exempt from VAT for all courses presented in collaboration with Higher Education Institutions, and all other courses are inclusive of VAT, unless stated otherwise; and
- all additional taxes which may be payable in a student's jurisdiction in relation to the Course fee shall be the sole responsibility of the student.
- Payment reference: When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
- Promo codes: If you have been provided with a promo code and you would like to make use of it when you register for a Course, you will have to indicate this on the Two Oceans Graduate Institute Website when registering for the relevant Course (where indicated), and agree to be bound by the terms and conditions of this promo code. Should you register without utilising the promo code, the promo code will become redundant and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. In addition, promo codes are non-transferrable and non-refundable - if you request a Course deferral, the promo code shall no longer apply to the fee payable for the deferred Course.
- Suspension for non-payment: If you fail to make payment for a Course by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Course or suspend your participation in the Course. In such cases you will not be permitted to access the Learner Management System until such time as the outstanding payment has been made by you.
- Reminders: You hereby acknowledge and consent to us contacting you in relation to payments due by you for a Course or in terms of these Terms, by way of email, text message, telephone calls, or other means as determined by us.
- Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the Learner Management System or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
Cancellations and Deferrals
- Outstanding fees: If you do not settle your fees in accordance with the agreed payment terms, you will not receive your final result for your Course, and we will not issue any letters confirming attendance or completion of Course modules. You will not be issued with a certificate until all fees have been paid in full.
- Cancellation of registration: If you wish to cancel your Course registration, you will need to contact your Success Manager to discuss your intention. Your Success Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the cancellation, you will be required to complete and submit a cancellation of registration form, which will be provided to you by your Success Manager.
- Course deferral: If you wish to defer your Course to the next scheduled presentation of that Course, you will need to contact your Success Manager to discuss this intention. Your Success Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. If you decide to go ahead with the deferral, you will be required to complete and submit a deferral application form (which will be provided to you by your Success Manager), and pay a deferral fee equivalent to 25% of the full listed Course fee, as well as any increase in the Course fees from when you first registered for the Course.
- Important restrictions on deferrals:
- Deferral of Course registration will only be processed once (no repeat deferrals can be permitted).
- All applications for course deferral must be made before Module 3 is made available in the third week of the Course.
- Assignments that have been completed up until the date of the deferral will not be credited to you upon re-registration.
- We do not guarantee that future presentations will be held. If you choose to delay your participation in a Course, you do so at your own risk, and we will not refund any part of the Course fee should the future presentation not be held.
- You may only defer from the current presentation to the next available presentation of the same Course. If you fail to register for the following presentation of the Course you will forfeit your option to defer and will not be entitled to a refund.
- For the above reasons, deferral is only recommended if you genuinely encounter an unforeseen circumstance that forces you to defer taking the Course to a future date.
- Deferral to different Course: In exceptional circumstances only, you may be permitted by your Success Manager to defer to a different Course, (in accordance with the procedure and subject to the terms of a normal deferral as set out above). In the event that this option is permitted by a Success Manager due to exceptional circumstances being proven and accepted, you will need to pay a deferral fee equivalent to 25% of the full listed Course fee (from which you are deferring) and the difference in fees between the Course to which you are deferring and the one from which you have deferred. The full Course fee will be payable in advance prior to being granted the deferral, and you will not be refunded the difference if the cost of the Course to which you are deferring is lower than the cost of the Course for which you initially registered.
- Refunds for cancellation will be paid in the following circumstances:
- For all cancellations prior to Course start date:
- If you cancel within 14 days of registering and paying for the Course: You will receive a refund of any amounts paid by you in respect of that registration, in full, within 14 days after us receiving your request for cancellation.
- If you cancel more than 14 days after registering and paying for the Course: You will receive a full refund (to the extent that payment has been made), less 10% of the listed Course fee, payable as a cancellation fee.
- For all cancellations on or after the Course start date:
- If you cancel at any time before 50% of the Course is completed: You will receive a refund of amounts paid, less 50% of the listed Course fee, as a fee for accessing the Course material.
- If you cancel at any time after 50% of the Course is completed: You will not be entitled to a refund of any amounts paid, and will be liable for the full Course fee.
- For all cancellations prior to Course start date:
- Calculating time periods: For purposes of calculating the time periods stipulated above, the progress through the Course is measured as a number of weeks, or part thereof, as a percentage of the total weeks in the Course.
- Insufficient demand: We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
Classification of results and certification
- Classification of results for graded Courses: Graded Course results will be classified as Pass or Fail. The requirements for passing the Course are included in the assessment structure information within the Course.
- Classification of results for peer review Courses: Each peer review Course has a minimum number of assignments that students are required to submit in order to successfully complete the Course and meet the requirements for the award of a certificate. These requirements are outlined in the respective information pack and at the start of the Course.
Certification: Certificates of completion or attendance (as described in Course information packs) will be issued in your legal name upon successfully completing a Course according to the stipulated requirements for award of a certificate. No certificate will be issued to you if you do not meet the stipulated requirements for the award of a certificate. The following points should be noted in relation to certificates:
- Before receiving the final result or completion status, you will be granted the opportunity to confirm your address for certificate delivery. Two Oceans Graduate Institute cannot be held liable should you provide an incorrect address or no address.
- No graduation ceremonies are held to issue certificates. Certificates are couriered to you at your given street address or sent by registered mail to your given postal address.
- Two Oceans Graduate Institute cannot guarantee the delivery date and time of a certificate.
- Should you choose to nominate a third party to receive or collect your certificate on your behalf, this will be done at your own risk, and Two Oceans Graduate Institute won't be held liable for any loss or theft arising from this nomination.
- If a certificate is returned to the sender, you will be contacted and informed of the return. Certificates returned due to being unclaimed by the designated recipient will be re-sent by courier at your written request. Where a certificate is returned for a second time, you will be liable for the cost of re-sending the certificate.
- One hard-copy certificate will be issued only for successful Course completion. Unless otherwise stipulated, we are not authorised to provide digital copies of certificates by all Universities.
- A duplicate certificate will be issued at a fee, where satisfactory evidence of destruction or irretrievable loss of the original is submitted. An affidavit or sworn statement to the effect that irretrievable loss has occurred, signed and attested before a Commissioner of Oaths or Notary Public, must accompany the application. The original affidavit or sworn statement must be sent to us and a third party cannot swear to an oath on your behalf.
- No duplicate certificate will be issued if your original certificate is in storage.
- If you receive your certificate with a printing error you are required to notify Two Oceans Graduate Institute, and return the erroneous certificate to the sender before an amended version will be issued. Two Oceans Graduate Institute cannot be held liable for printing errors resulting from incorrect personal student information provided to us.
- Withheld certificates: If you are eligible for the award of a certificate, and are under investigation for misconduct or such a matter has not been resolved, the award of a certificate may be suspended until the matter has been disposed of by Two Oceans Graduate Institute. Where you are found guilty of plagiarism (even for a first offence) where a satisfactory explanation is not given, a certificate will not be issued to you. If you have outstanding fees owing to Two Oceans Graduate Institute, your certificate will be withheld until such time as your fees have been settled in full. We will also not be able to issue a certificate should you fail to submit your identification and confirm your delivery address.
Limitation of liability and indemnity
- No liability for Course outcomes: We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain.
- Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall Two Oceans Graduate Institute's aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
- Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Two Oceans Graduate Institute, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
- Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Two Oceans Graduate Institute's services or Courses must commence within 1 year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
- Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from registration for a Course. This indemnity includes claims arising from your use of the Learner Management System in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
Interruption of Two Oceans Graduate Institute Website or Learner Management System
Interruption of service: You acknowledge and agree that from time to time, the
Two Oceans Graduate Institute Website and/or Learner Management System may be inaccessible or inoperable, by reason of one or more of the following:
- Equipment malfunctions or faults.
- Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
- Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
- No breach: Such interruption to the accessibility of the Two Oceans Graduate Institute Website or Learner Management System will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the Two Oceans Graduate Institute Website and/or Learner Management System.
- Security: We will use reasonable commercial measures to secure our system and your profile in the Learner Management System, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of your account.
- Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on this Website or the Learner Management System or otherwise provided to students by Two Oceans Graduate Institute, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
- Student content: The services and Courses may enable you to share your own content, including assignments, with Two Oceans Graduate Institute, Head Tutors, Tutors, the Student Success Team, and fellow students. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and the University collaborating on your Course shall be entitled to use (in our discretion) all content shared by you on our Learner Management System for internal research and development, Course improvement and non-commercial purposes. In relation to specific Courses, a policy statement on intellectual property sharing may be included in the Learner Management System for further guidance to you in the sharing of your ideas and assignments. Ultimately, it is your responsibility to ensure the proper protection of your student intellectual property – if your student intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on the Learner Management System or otherwise through the Website will not be used by other students.
Warranties and disclaimers
- Intellectual property rights warranty: We warrant that in providing you with Course content and Course materials on the terms set out in this Agreement, we are not intentionally infringing any third party’s intellectual property rights.
- Disclaimers: All services, Courses and their content are provided "as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
- Student warranties: You warrant that all and any information that you provide to us, in accordance with this Agreement, in order to register for a Course or otherwise, is true and accurate.
Termination of participation in a Course
- Modifying and terminating services: We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether. You may also discontinue your use of our services and Courses at any time.
- Plagiarism: We reserve the right to terminate your participation in any Course in the event that you are found guilty of plagiarism in accordance with these Terms. Plagiarism is a breach of these Terms and no refund will be issued should your participation be terminated on this basis.
- Breach: If you commit any other material breach of these Terms and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee.
Complaints and dispute resolution
- General complaints policy: Whether it is positive or negative, Two Oceans Graduate Institute encourages feedback from students. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner.
- Complaints procedure: The complaints procedure ensures that there are clear and accessible means of making complaints and having them addressed. All complaints are taken seriously, and every effort has been made to ensure that Two Oceans Graduate Institute can cater for complaints received on all levels, regardless of severity. Two Oceans Graduate Institute will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possibly. A complaint can include complaints about the Course structure and presentation, academic content, or the actions or lack of action by Two Oceans Graduate Institute or its representatives.
- Should you wish to lodge a complaint or bring a claim against Two Oceans Graduate Institute, you are required to submit this through the "Contact Form" on the contact page of our Website. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or a student is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
- Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavour to address complaints within 3 working days (although this may not always be possible). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further. All escalations of this nature are referred to our general purposes committee as well as the University collaborating on your Course who will investigate the matter further, and recommend an outcome or course of action. Once the matter has been investigated, and due process followed, you will receive a written response informing you of the feedback, outcomes or suggested course of action related to the complaint.
- Feedback: Once a complaint has been fully investigated and due process followed, a course of action will be determined by Two Oceans Graduate Institute. The result will either be that the complaint is upheld (in part or in full), and an appropriate form of action is taken, or, that no action is taken, in which case comprehensive feedback and reasons will be provided. This includes, but is not limited to, instances where you have not requested an outcome other than having a platform to voice your concerns.
Formal dispute resolution: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between Two Oceans Graduate Institute and you, then you agree that either party (acting independently of the other) must request formal dispute resolution by way of mediation. In all cases, a party seeking and initiating mediation will do so at their own cost. If the parties are unable to agree upon the appointment of a mediator:
- for all disputes arising from Courses presented in collaboration with a University based in the United Kingdom or the United States of America, they may approach the Civil and Commercial Mediation Panel (or its successor), or a similar body based in London, United Kingdom, to appoint a qualified solicitor to mediate the dispute; and
- for all disputes arising from Courses presented in collaboration with a University based in South Africa, they may approach the Arbitration Foundation of South Africa.
The decision of the mediator shall become final and binding within 14 days of delivery to the parties, unless one or both parties disputes the mediator's decision by written notice within that period. In the event of the mediation failing, either Two Oceans Graduate Institute or you may pursue resolution of the dispute through arbitration or in a court of law, with such arbitration or court proceeding to proceed in:
- London, the United Kingdom for all disputes arising from Courses presented in collaboration with a University based in the United Kingdom or the United States of America (students registering for such Courses consent to the exclusive jurisdiction of the courts of the United Kingdom for the resolution of any dispute arising from these Terms or delivery of this Course); or
- Cape Town, South Africa, for all disputes arising from Courses presented in collaboration with a University based in South Africa (students registering for such Courses consent to the exclusive jurisdiction of the courts of South Africa for the resolution of any dispute arising from these Terms or delivery of this Course).
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless Two Oceans Graduate Institute agrees otherwise, the arbitrator or court in a dispute may not consolidate more than one person's claims. You agree that, by registering for a Course and entering into these Terms, you waive the right to a trial by jury or to participate in a class action, to the maximum extent permissible in terms of applicable law.
Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
- Confidentiality: We recognise the importance of protecting your information – as such, all complaints will be handled in a confidential manner. In cases where the internal sharing of information is necessary to resolving a complaint, reasonable steps will be taken to ensure a limitation on the number of people acquainted with the complaint. In order to fully address a complaint, it may, in some cases, be necessary to share information with the University collaborating on your Course.
- Recording of complaints: We will keep a record of all complaints and their outcomes. Complaints data is subject to periodic analysis, with the aim of continuously refining and improving our processes or product and service offering.
- Two Oceans Graduate Institute's details: If you are registering for our Course presented in collaboration with our university or college based in South Africa, then these Terms are a contract between you and Two Oceans Graduate Institute, a company registered in South Africa with its address at 370B Main Road, Observatory, 7925, Cape Town, South Africa.
- Governing law: If you are registering for a Course presented in collaboration with a University based in South Africa, you agree that the laws of South Africa shall apply to these Terms, their interpretation and any matter or litigation relating to or arising from them.
- Entire agreement: These Terms, together with the Policies, shall constitute the entire agreement between you and Two Oceans Graduate Institute concerning your registration for a Course.
- Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and Learner Management System, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes.
- Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.
- Severability: In the event that any part of these Terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
- Assignment: These Terms, and any rights and licenses granted in terms of these Terms, may not be transferred or assigned by you, but may be assigned by Two Oceans Graduate Institute without restriction.
- No indulgence/waiver: If Two Oceans Graduate Institute chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.
Date of last amendment: 26th April 2018
Our courses are delivered to students from many different countries - in recognition of this, we endeavour to process all data in accordance with principles of internationally accepted best practice, and in compliance with the legal provisions relating to data protection in force in the United Kingdom. We regularly review our compliance with this Policy and whenever we receive a formal complaint, we will contact the person who made the complaint to attempt to resolve his or her concerns. We are also very willing to work with any regulatory authority to resolve complaints regarding the transfer of personal data.
Please note that by using our Websites (as a user browsing the Websites or as a student), you are consenting to our collection and use of your information as more fully set out in this Policy. If you have any concerns about the use of your information, or the contents of this Policy, please feel free to contact us.
We distinguish in this Policy between 'personal data' (for example your contact details, identity number, or other information that can be used to identify you or attributed to you), and 'non-personal data' (for example data regarding usage of the Websites, and de-identified information extracted from the Websites for analysis). We collect both personal and non-personal data through our Websites and through third parties, either automatically (through cookies for example), or by your providing this information to us during registration, info pack download, or during courses through our virtual learning environment the Learner Management Systeme ("LMS").
- User Notifications:
Failure to provide certain information may make it difficult or impossible for you to access certain services through the Websites (for example, to register for and complete courses, certain personal information and completed assignments will be required to be submitted through the Websites).
You will need to ensure that your personal information submitted to us is accurate and up-to-date (for example, we need a current email address on our system to communicate with you about our courses).
You are responsible for any third party information obtained, published or shared through the Websites, and you consent to only use or share this third party data with the third party's consent. You are also responsible for ensuring the accuracy of all information submitted to the Websites.
- Personal Data:
We collect and store the personal information that you may provide to us through our Websites when you download an info pack, register for a course, update or change your information with us, or participate in courses. This personal data may only be your name and email address, but may also be your identity document, telephone number, address, education level, and other personal information capable of identifying you. We may also store your bank details if requested to process a refund of a course fee.
If you pay for a course through our Websites, please note that our payment service provider collects and processes your credit card information, and we do not collect or store this information.
- Non-personal Data:
In addition to personal data (which is treated with special consideration in light of the potential for misuse to the detriment of our users), we also store non-personal data, which cannot be used to identify our users. The kinds of non-personal data that we collect includes de-identified data about usage of our Websites (including the Learner Management System).
Cookies and similar technologies
A cookie is a small piece of code that is installed in your web browser by a website that you visit. They help the website to remember information about your visit, and assist to make the website, and advertisements that you encounter while browsing, more relevant to you. We've provided some further detail on cookies below to try and clarify how and why we use them.
- Technical cookies and cookies serving aggregated statistical purposes:
- How can I manage the installation of cookies?
You can manage preferences for cookies directly from within your own browser and prevent websites from installing them. Through your browser preferences, it is also possible to delete cookies installed in the past. It is important to note that by disabling all cookies, the functioning of the Websites may be compromised. You can find information about how to manage cookies in your browser using the following links: Mozilla Firefox, Apple Safari, Google Chrome and Microsoft Internet Explorer.
Use of Non-Personal Data
We use your non-personal data for purposes like product improvement, internal reporting, learning analytics, performing statistical analyses of collective behaviour of our users, measuring demographics and interests, and for other legitimate business purposes. We will take all reasonable steps to properly de-identify all information that is stored and analysed as non-personal data. This non-personal data may also be shared with the current and future universities partnering on course development and/or delivery ("Universities"), and other partners and service providers (since there is no prejudice to our users from the disclosure of this non-personal information).
Use of Personal Data
Except as set out in this Policy or specifically agreed by you, we won't disclose your personal data that we receive through the Websites. In general we will always aim to de-identify the information that we store (as non-personal information), but some information will need to still be attached to your name or email address (as personal information), for reasons listed below, and with the aim of supporting personalised student learning journeys. We work hard to ensure that access to student information doesn't disadvantage or prejudice our students.
The ways in which (and the purposes for which) we use personal data are described in further detail below:
- Verifying student identity.
- Contacting you for the purpose of:
- advising you on course information,
- assisting you to complete your courses (for example we might contact you if you have a failed module or have not logged into the Learner Management System), with the aim of keeping students motivated, providing support and celebrating/congratulating top achievers, or
- other legitimate business purposes, and all communications with you for these purposes will be kept on record.
- For learning analytics purposes (and product improvement more generally), including:
- analysing student characteristics, demographics, activities and behaviours on the Learner Management System, allowing us to continually improve the design of our courses for the benefit of you and other students,
- providing analytical information to all relevant personnel who are involved in assisting and supporting students to complete courses, to enable them to optimise the student experience,
- using analytical information to define key indicators to predict student success and design appropriate positive interventions, and analyse whether the tools in the Learner Management System are adding to the learning experience, or
- other legitimate business purposes.
- Reporting internally and to Universities on student enrolment, performance and related matters (acting reasonably in the disclosure of educational records to only necessary personnel).
- For behavioural marketing and remarketing to Website users and students, and marketing to potential students with similar interests.
- Recording, tracking and analysing activities on the Learner Management System - we keep a record of all communications and interactions between you and us, all interactions in the forums, all activities, assignments and behaviours of students, all educational records, and all survey feedback which is not anonymously completed.
- Researching, developing and improving, as well as training.
- For disclosure:
- to personnel within Two Oceans Graduate Institute and our third party contractors for legitimate business purposes, including but not limited to internally used software and systems providers, and courier companies for shipping of certificates (as far as reasonably necessary for them to provide their services to you and to us);
- to government authorities in response to court orders, subpoenas or other legal processes, to establish or exercise a legal right, defend a claim, or as otherwise required by law;
- to investigate, prevent or take action in relation to any suspected illegal activities, or to protect our own rights and the rights of the Universities;
- to acquirers, assignees or other successor entities in connection with a sale, merger or reorganisation of all or substantially all of our equity, business or assets;
- to a student's employer, in the event that the employer is paying for the student's course (information disclosed in this case shall include course performance information, unless otherwise expressly agreed in writing with Two Oceans Graduate Institute).
- For any other purpose:
- for which we receive your consent,
- that is in the public interest,
- within the bounds of the laws of the United Kingdom, or
- at the request of a public authority (including, but not limited to in respect of courses partnering with Universities based in the United States of America) in accordance with FERPA).
You agree that we may also share any of your personal data with the University collaborating on a course for which you are enrolled, and this University may use your personal data in accordance with their own privacy policies.
We may also disclose all your personal data between our associated Two Oceans Graduate Institute companies, who shall have all the same rights as us in relation to such personal data, and shall comply with this Policy in the processing of such information.
We use several external service providers to assist us to process personal data for the above purposes, and they may hold this personal data on their own servers for these purposes. We have provided some further information on some of these external parties below, but we may use other service providers as well – if you would like access to a full list of our service providers please contact us. We are not responsible for, nor do we endorse the privacy practices of these external third parties.
The following service providers enable us to monitor and analyse web traffic and can be used to keep track of user behaviour:Segment (Segment Inc.)
Segment is an analytics service provided by Segment Inc.
- Personal Data collected: Cookie and Usage data.
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the data collected to track and examine the use of our Websites, to prepare reports on activities and share them with other Google services. Google may use the personal data collected to contextualize and personalize the ads of its own advertising network.
Facebook Ads conversion tracking is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on our Websites.
- Personal Data collected: Cookie and Usage data.
Google AdWords conversion tracking is an analytics service provided by Google Inc. that connects data from the Google AdWords advertising network with actions performed on our Websites.
- Personal Data collected: Cookie and Usage data.
Google Tag Manager is an analytics service provided by Google Inc.
- Personal Data collected: Cookie and Usage data.
IntelliBoard is an analytics service provided by IntelliBoard, Inc., that records student behavioural data on our Learner Management System.
- Personal Data collected: Usage data.
- Remarketing and behavioural targeting:
The following service providers allow us to inform, optimize and serve advertising based on past use of the Websites. This activity is performed by tracking usage data and by using cookies. The information will be shared with data processers that manage the remarketing and behavioural targeting activity:Facebook Remarketing (Facebook, Inc.)
Facebook Remarketing is a Remarketing and Behavioural Targeting service provided by Facebook, Inc. that connects the activity of our Websites with the Facebook advertising network.
AdWords Remarketing is a Remarketing and Behavioural Targeting service provided by Google Inc. that connects the activity of our Websites with the Adwords advertising network and the Doubleclick Cookie.
AdRoll is an advertising service provided by Semantic Sugar, Inc.
Twitter Remarketing is a Remarketing and Behavioural Targeting service provided by Twitter, Inc. that connects the activity of our Websites with the Twitter advertising network. Personal data collected: Cookie and Usage data.
- Methods of processing
We undertake to process your personal data in a reasonable manner and take appropriate, reasonable security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of your personal data. All data processing shall be carried out by employees, consultants or third party service providers using computers and/or IT enabled tools, following standard organizational procedures and modes.
In some cases, personal and non-personal data may be accessible to certain types of persons involved with the operation of the Websites (administration, sales, marketing, finance, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, by us as data processers.
All data collected through our Websites is managed and processed primarily at our various operating offices, and in any other place where the parties involved with the processing are located. For further information on our servers and places where we process data, please contact us.
Due to the fact that we have students all over the world, and hosting services have become more 'cloud-based' and international in recent years, we may send and store your personal data outside of the country in which you reside, and there will therefore be some cross-border transfer of this personal data. We are nevertheless committed to protecting the privacy and confidentiality of personal information when it is transferred, in accordance with this Policy and the data privacy requirements in the United Kingdom.
- Retention time
All Personal Data will only be kept for the time necessary considering the purpose for which it was collected or to provide the service requested by you – we won't keep Personal Data for an excessive period of time, and won't keep Personal Data after we no longer have any valid use for it. You may also request that we suspend or remove your personal data from our system.
All non-personal data and de-personalised data will be retained for as long as it is useful and necessary, in light of the fact that the maintenance of this data would not be prejudicial to individual users in the event of a security breach.
- Education Records
If you would like to inspect and review your education records, you may submit a request through our contact page. Requests for access will receive a response within 45 days, although certain records may be excluded from education records made available for inspection (within the bounds of the law and our confidentiality undertakings with third parties). You may also request amendment of records that you believe are inaccurate, misleading or in violation of your rights.
- Legal action
Your personal data may be used for legal purposes as reasonably determined by us, in court or in the stages leading to possible legal action. You also acknowledge that we may be required to reveal your personal data upon request of public authorities.
- Additional information about Personal Data
In addition to the information contained in this Policy, we may provide you with additional and contextual information concerning particular services or the collection and processing of personal data on request.
- System Logs and Maintenance
For operation and maintenance purposes, our Websites and any third party services may collect files that record interaction with the Websites (System Logs) or use for this purpose other personal data (such as IP Address).
- The rights of Users
You have a right to know what personal data is being stored, and processed, as well as the categories of recipients with whom it may be shared. You may contact us to learn about the contents and origin of this personal data, to verify its accuracy or to ask for this data to be supplemented, cancelled, updated or corrected, or for their transformation into an anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to us at email@example.com or on our contact page.
- Changes to this Policy
We review our privacy practices from time to time, and reserve the right to make changes to this Policy at any time by giving notice through a Website feature or by emailing you. We recommend that you check the contents of the Policy whenever you have any new questions about privacy and our use of data, referring to the date of the last modification listed at the bottom of the Policy.
If you object to any changes to the Policy, you must cease using the Websites and can request that we delete your personal data (if you're in the middle of a course when this happens – please contact us immediately if you have an objection to a change in the Policy). Unless stated otherwise, the then-current Policy applies to all data that we maintain.
- Contacting us about this Policy
If you are not registered for any of our courses, or if you are registered for a course presented in collaboration with a university or college located in South Africa, the data controller for the purpose of this Policy is 2 Oceans Education Foundation (in South Africa) with registered address at 19 Queen Bess Road, Lansdowne, 7779, Cape Town, Republic of South Africa.
Date of last amendment: 26th April 2018
Due to legal and other developments, we may be required to amend these Terms from time to time without notice. It is your duty to familiarise yourself with the current version of these Terms at the time you access or use a Website – the date of last revision will appear at the end of these Terms. Continued use of the Website after any amendments have been effected will constitute your acceptance of these Terms, as amended.
No offer: You should regard nothing contained on this Website as an offer, but as an invitation to view our Website and its content, and to enrol in courses offered.
No warranty: We take reasonable steps to provide accurate information through our Websites, but all information viewed or accessed from this Website is provided on an 'as is' basis, without any warranty, whether express or implied, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law.
Sharing of content: Any content on our Website which is subject to creative commons license, where indicated as such, may be shared provided that it is given the necessary credit in accordance with the provisions of the creative commons license in force from time to time. All information accessed as a student shall be governed by our Student Terms and Conditions , as accepted upon enrolment for a course.
Use at own risk: You may only use information on the Website for personal use. Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Website. Any articles, guides or information of any nature provided on this Website is summarised content, and may not be applicable to your particular situation and should therefore not be relied upon solely by you for any purpose.
No warranty on availability: We do not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
Third party websites
Disclaimer of third party website content: This Website may contain hyperlinks to websites owned and/or operated by third parties. We are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us). The fact that a website is linked to this Website does not imply that we sponsor, endorse or approve the contents, or that we are affiliated or associated with the entity that owns or is responsible for such third party website.
Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works contained in this Website is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
Limited use: The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of this Website on your computer as part of your viewing of the Website only. You must notify us of any copyright infringement at firstname.lastname@example.org.
No other use: No other use of this Website or its content is permitted unless you enter into a license agreement with us. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another's website, unless otherwise expressly stated in these Terms.
Linking, framing and crawling
Hyperlinking restricted: Our express written permission is required before any hyperlink other than to the home page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms. Requests for permission can be emailed to email@example.com.
Permission: Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
Framing restricted: Our express written permission, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to firstname.lastname@example.org.
Automated searches restricted: Apart from legitimate search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without our prior written consent.
Acceptable use policy
Introduction: You agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy ("AUP") sets out the parameters within which you must make use of the Website (which, as specified above, shall include access to and use of each of our Online Campuses), and in so doing you agree to be bound by this AUP.
Internet use: You may not use our Website to engage in illegal, abusive or irresponsible behaviour, including:
- Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorisation.
- Monitoring data or traffic on any network or system without our authorisation.
- Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and/or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks.
- User of an internet account or computer without our authorisation, including, but not limited to internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
- Collection of personal information about third parties without their consent.
- The intentional or negligent dissemination of any malicious code (meaning anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to permit access to or the use of a computer system by an unauthorised third party, or disable, damage, erase, disrupt or impair the normal operation of a computer system).
- Forging of any TCP (Transmission Control Protocol), Internet Protocol packet header or any part of the header information in an email or a newsgroup posting.
- Any activity or conduct that is likely to result in retaliation against us or the Website.
Security: You must take reasonable security precautions. If applicable, your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it with any other person, and you should change your password regularly.
Unsolicited emails: You may not send any unsolicited email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.
Other networks: You must comply with the rules of any other network you access or participate in using the Website.
Offensive content: Content "published or transmitted" via the Website includes web content, email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the internet. You may not publish, display or transmit via the Website any content that we reasonably believe:
- constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including in relation to chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is discriminatory in any way, including by way of sex, race, or age discrimination;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or
- is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.
General prohibitions: You agree to not engage in any of the following activities as a result of your use of the Website:
- Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by you or you have the required authority to do so, and have received all necessary consent to the intellectual property.
- Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
- Delete any legal notices, labels or anything else in the Website content that displays authorship or ownership in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
- Download any file posted by another user of a forum you know, or reasonably should know, cannot be legally distributed.
- Use any communications or content or other information obtained through the Website in a manner that is competitive with us or the Website.
- Allow any third party to use your username and password in any manner other than as permitted by these Terms.
Consequences of violation of the AUP:
- You agree and acknowledge that we will not be held liable for content created by you, and you maintain all responsibility for your actions and statements made on the Website.
- We reserve the right to remove content created by users of the Website at any time.
- We may, without notice to you, suspend your right to participate in any course, including any course which is in progress, or remove any content transmitted via or stored on the Website if we reasonably believes you are using the Site or the Online Campus in breach of this AUP. You must cooperate with our reasonable investigation of any suspected breach of the AUP.
- We will charge you for any breach of the AUP together with the cost of equipment and material needed to:
- investigate or otherwise respond to any suspected violation of this AUP;
- remedy any harm caused to us as a result of your violation of this AUP; and
- respond to complaints.
- We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable laws, and provide any information we have about you and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
No liability: While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
Prosecution: We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.
Disclaimer and indemnity
Disclaimer: Subject to applicable law, we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion and you may also have other rights that vary from jurisdiction to jurisdiction.
Indemnity: You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action, application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.
This Website is owned and operated by Two Oceans Graduate Institute, a company registered in the Republic of South Africa with its address at 370B Main Road, Observatory, 7925, Cape Town, South Africa and if you are using the website without being registered as a student, these Terms are a contract between you and this company. If you are using this Website by virtue of, or in relation to your registration as a student, these Terms are a contract with either this company, or Two Oceans Graduate Institute.
Advertising and sponsorship
Third party content: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
No liability: We accordingly exclude, to the fullest extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Monitoring and interception of data messages
In order to provide a relevant, efficient and secure service, and where required and permitted under law, we may monitor and/or intercept electronic communications such as email which are sent to this Website. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and interception, and consent to it.
Receipt of data messages
Data messages: Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to.
Receipt: A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Right not to respond: We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.
Confidentiality: You agree that data messages sent to this Website will not be regarded as confidential unless otherwise agreed in writing.
Arbitration: For any dispute that you may have with Two Oceans Graduate Institute arising from these Terms or your use of the Website, you agree to first contact us and attempt to resolve the dispute informally. If your complaint arises from your registration or participation in a course administered through our Websites, the relevant provisions of the Terms and Conditions for Students shall apply. All other disputes shall be referred to mediation and, in the event of mediation failing, arbitration under the arbitration laws and rules applicable in the Republic of South Africa, with such arbitration to be held in Cape Town, South Africa, unless otherwise agreed between us.
Urgent relief: The aforegoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.
Whole agreement: These Terms constitute the whole of the agreement between yourself and Two Oceans Graduate Institute in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
Applicable law and jurisdiction: The laws of the Republic of South Africa shall apply to these Terms, their interpretation, and any matter or litigation relating to or arising from them, unless you are registered for a course through our Websites, in which case the provisions of the Terms and Conditions for Students shall apply in determining relevant law.
Assignment: These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by Two Oceans Graduate Institute without restriction.
No Indulgence: If Two Oceans Graduate Institute chooses not to enforce any part of these Terms, that does not mean that it cannot do so at a later time.
Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms.
Broken Links: Notwithstanding the fact that hyperlinks in these Terms to certain documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.
Date of last amendment: 26th April 2018