Terms and Conditions

Introduction

1.1 This website is operated by 1.2 Fundisa online (Pty) Ltd and can be accessed at online.rain.fundisa.net .

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website  including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 By accessing this website, we assume you accept these terms and conditions. Do not continue to use Fundisa if you do not agree to take all of the terms and conditions stated on this page. These terms and conditions are the contract between you and Fundisa

1.5 Having an account with us enables you to purchase a course listed on our website, enroll for online tutoring services or register as a teacher/instructor in case you are a qualified teacher and would like to join our team of online tutors.

1.6 Fundisa allows third party, qualified teachers to list and sell online courses and their tutoring services on the Website. All teachers and instructors on our website are acting in their own capacity and do not represent Fundisa Online.  Certain terms apply to learners and others to teachers/educators who want to register as instructors on our website and this will be clearly marked in relevant clause.

2 License

2.1 Unless otherwise stated, Fundisa Online (Pty) Ltd and/or its licensors own the intellectual property rights for all material on Fundisa. All intellectual property rights are reserved. You may access this from Fundisa for your own personal use subjected to restrictions set in these terms and conditions.

2.2 You must not:

  • Copy or republish material from Fundisa
  • Sell, rent, or sub-license material from Fundisa
  • Reproduce, duplicate or copy material from Fundisa
  • Redistribute content you bought from Fundis

2.3 This Agreement shall begin on the date hereof.

2.4 Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Fundisa Online (Pty) Ltd does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Fundisa Online (Pty) Ltd, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Fundisa Online (Pty) Ltd shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

2.3 Fundisa Online (Pty) Ltd reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

2.4 You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

2.5 You hereby grant Fundisa Online (Pty) Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

3 Accounts

3.1 Account Registration

3.1.1 In order to access the courses and tutoring on our website, you must create an account.

3.1.2 You agree to provide accurate and complete information during the registration process.

3.1.3 You are solely responsible for maintaining the confidentiality of your account login information, including your username and password.

3.2 Account Ownership

3.2.1 You must be at least 18 years old to use our Website. If you are under 18, you may use the Website only with the involvement of a parent or guardian.

3.2.2 You may not transfer your account to someone else, or use someone else’s account. In case a user has passed away, the user’s account shall be closed.

3.2.3 You are solely responsible for any activity that occurs on your account.

3.3 Account Security

3.3.1 You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account.

3.3.2 We reserve the right to suspend or terminate your account if we suspect any fraudulent or unauthorized activity on your account.

3.3.4 You agree to use a strong and secure password for your account and not to share your password with any third party. Sharing login details is strictly prohibited. You cannot share your login details with anyone else.

3.3.5 Fundisa online will not intervene in any disputes arising from sharing of login details between individuals. If you believe someone else is using your account, change the login password to block unauthorized use of your account. If you have forgotten your login details, use the forgot password link found on the login page to reset your password.

3.4 Account Termination

3.4.1 You may terminate your account at any time by contacting our customer support team.  We reserve the right to terminate your account or restrict your access to our courses for any reason, at any time, without notice. If your account is terminated, you will lose access to all information and data associated with your account.

3.5 Account Usage

3.5.1 You agree to use your account only for lawful purposes and in compliance with our terms and conditions.

3.5.2 You agree not to use your account for any fraudulent, abusive, or illegal activity.

3.5.3 You agree not to share or distribute any premium content provided in our courses without our prior written consent. Content marked as “Free” is also used for promotional purposes and therefore, you  are free to share this content bought or paid for on our website should not be shared anywhere, including social media platforms like whatsapp, YouTube, tiktok, facebook etc.

3.6 Your own Content:

3.6.1 You are solely responsible for any content, including text, images, videos, or any other materials, that you upload, post, or display on our website.

3.6.2 You warrant that any content you upload, post, or display on our website does not infringe the intellectual property rights of any third party.

3.6.3 We reserve the right to remove any content that violates our terms and conditions or is otherwise objectionable.

3.7 Data Privacy:

3.7.1 We respect your privacy and will handle your personal information in accordance with our privacy policy.

3.7.2 By creating an account on our website, you agree to our privacy policy and consent to the collection, use, and disclosure of your personal information.

3.8 Modification of Terms:

3.8.1We reserve the right to modify these account terms and conditions at any time, without notice.

3.8.2 Any changes to these terms will be effective immediately upon posting on our website.  Your continued use of our website after any changes to these terms constitutes your acceptance of the modified terms.

3.9 Governing Law and Jurisdiction

3.9.1 These account terms and conditions shall be governed by and construed in accordance with the laws of South Africa.

3.9.2 Any dispute arising from these terms shall be subject to the exclusive jurisdiction of the courts in South Africa

4 User Content

4.1 User Content License

4.1.1 When you submit or upload User Content to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology now known or later developed, for any purpose, including, without limitation, promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels. You also grant us the right to use your username and/or real name in connection with your User Content.

4.2 User Content Rules

4.2.1 You are solely responsible for all User Content that you submit to our website. By submitting User Content, you represent and warrant that you have the right to submit such User Content and that such User Content does not infringe the rights of any third party, including, without limitation, any intellectual property rights, privacy rights, or publicity rights.

4.2.2You agree not to submit any User Content that is obscene, defamatory, harassing, abusive, or otherwise offensive or illegal. You also agree not to submit any User Content that contains viruses, malware, or other harmful code, or that could damage, disable, or otherwise impair our website or any of our servers.

4.2.3 We reserve the right, but do not have the obligation, to monitor User Content submitted to our website and to remove any User Content that we believe violates these terms and conditions or is otherwise inappropriate.

4.3 User Content Disclaimer

4.3.1 We do not endorse or guarantee the accuracy, completeness, or usefulness of any User Content submitted to our website. We are not responsible for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted, or otherwise made available via our website.

4.4 Indemnification

4.4.1 You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys’ fees) arising from or related to any User Content that you submit to our website, your use of our website, or your violation of these terms and conditions.

4.5 Course Content

4.5.1 Instructors are responsible for the content of their Courses, including any materials, videos, and quizzes. We do not guarantee the accuracy or completeness of any Course content.

4.6 Removal of User Content

4.6.1 We may terminate your access to our website and/or remove any User Content at any time and for any reason, without notice to you.

5 Payment Options

5.1 Available Payment Options

5.1.1 Fundisa online offer a variety of payment options for purchasing courses on our website.

5.1.2 Debit and Credit cards: You can use debit credit cards, debit cards. At checkout, simple choose debit or credit card as payment option, enter your details and card details.

5.1.3 Instant EFT: Instant EFT by Payfast allows online shoppers with access to internet banking to make an Electronic Funds Transfer (EFT) that gets instantly verified.

5.2 Payment Processing

5.2.1 When you make a payment on our website, you will be redirected to a third-party payment processor to complete the transaction. We do not store or retain any of your payment information, and we are not responsible for any errors or issues that may arise during the payment process. The third party company handles your payment.

6 Pricing

The prices of courses on our website may vary based on a variety of factors, including the subject matter, the instructor, and the length of the course, grade and other factors. We reserve the right to change the prices of courses at any time, without notice to you.

6.1 Paying for a course

6.1.1 You pay a once off fee for a course which grants you access till the end of the academic year after which access to the course will be revoked

6.2 Pricing Tutoring Service

The most common way of paying a tutor is paying a specific amount every month for example although sometimes this can be weekly or even paying on the same day a tutor rendered his/her service e.g. revision camps.

6.3 Subscription Plans

6.3.1 Tutoring is an ongoing service until such time the educator or learner cancels the service and therefore learners can elect to subscribe to receive the service.  Your debit card or credit card gets charged the same amount every time period ( month or week) depending on how the tutor concerned decides to charge for his his services. 

6.4 Subscription Plan Cancellations

You can cancel your subscription to a membership plan anytime you wish to do so by login in to your dashboard under membership, pressing the cancel button or cross.  Cancelling a membership plan does not automatically qualify you for a refund. Refer to our refund policy below to check if you qualify for a refund.

7 Refund Policy

Thank you for choosing our online tutoring website for your educational needs. We want to ensure that you are completely satisfied with our services, which is why we have a comprehensive refund policy in place.

7.1 Refund Eligibility

You may be eligible for a refund if:

  1. You have paid for tutoring sessions in advance and have not yet used any of them.
  2. You have paid for a tutoring session but were unable to connect with the tutor due to technical issues on our platform.
  3. The website was unavailable for very long period of time beyond normal maintenance period or server side technical issues which will be attended to as soon as possible.
  4. The tutor failed to provide tutoring as promised or according to schedule and did not reschedule class. Note that tutors may be a group co-teaching in the same group.

We encourage individual tutors to appoint a co-teacher who can come in his place in case of sickness or any other emergency or reschedule a class.

7.2 Refund Requests

7.2.1 To request a refund, please contact us via email within 24 hours of the issue occurring. Please provide us with your name, the reason for the refund request, and any relevant details such as the date and time of the tutoring session and the name of the tutor.

7.3 We do not refund:

7.3.1 Courses: Courses are offered on a “buy as is” basis. You have access to trial lessons to evaluate the quality of the cause before you purchase and therefore no refunds can be issued for courses.

7.3.2 Payment for tutoring service which was paid for more 31 days ago.

7.3.3 Refund request due to dissatisfaction about quality of tutoring received. You have access to past trial lessons, which maybe in the form of prerecorded videos, streamed sessions and Pdf’s . Use it to judge the quality of the service offered before purchasing and besides, you have the option to cancel your subscription anytime you decide to do so with your member’s dashboard.

7.3.4 If you were unable to attend a tutoring session

7.3.5 You have violated our terms and conditions, and we have terminated your account

I you submit a refund request, we will review your request and respond within 7 business days. If your refund request is approved, we will initiate the refund to the original payment method used to make the payment. Please note that it may take a few business days for the refund to reflect in your account.

8 Course Instructors

This agreement (“Agreement”) is made and entered into on the date of acceptance by the Instructor (“Instructor”), and by accepting this agreement, the Instructor agrees to the terms and conditions set forth below.

8.1 Instructor’s Obligations

8.1.1 Course Creation: The Instructor agrees to create and deliver a high-quality online course that meets the standards of  Fundisa Online (Pty) Ltd. The Instructor is responsible for developing and providing all course materials, including video lectures, quizzes, assignments, and any other content required for the course.

8.1.2 Course Maintenance: The Instructor agrees to maintain the course and update the content as necessary to ensure its accuracy and relevance. The Instructor shall promptly respond to any inquiries or concerns from Fundisa  or the students enrolled in the course.

8.1.3  Course Promotion: The Instructor is responsible for promoting the course through various channels, including but not limited to social media, email marketing, and personal networks. The Instructor shall use reasonable efforts to promote the course to attract students.

8.1.4 Intellectual Property: The Instructor represents and warrants that he/she owns all intellectual property rights to the course content or has obtained the necessary permissions to use the content.

8.2 Fundisa’s Obligations

8.2.1 Course Hosting: Fundisa Online agrees to host the Instructor’s course on its platform, providing a platform for learners to enroll in the course, access course content, and interact with the Instructor.

8.2.2  Marketing: Fundisa agrees to promote the Instructor’s course through various channels, including but not limited to email marketing, social media, and advertising.

8.2.3 Payment Processing: Fundisa agrees to process all payments from learners enrolled in the course and pay the Instructor according to the payment terms outlined in this agreement.

8.2.4  Support: Fundisa agrees to provide support to the Instructor in the event of technical issues or other problems that may arise during the delivery of the course.

8.3 Payment:

8.3.1 Payment Terms: The Instructor will receive a percentage of the revenue generated from the course, as specified in the Instructor Dashboard.

8.3.2 Payment Schedule: Payments will be made on a monthly basis, no later than 30 days after the end of the month in which the revenue was generated. This means you can  only request payment once a month.

8.3.3 Taxes: The Instructor is solely responsible for any taxes that may be due as a result of the payments received under this agreement.

8.4 Confidentiality

The Instructor agrees to keep all information related to the Fundisa and its operations confidential. The Instructor shall not disclose any confidential information to any third party without the prior written consent of Fundisa Online.

8.5 Termination

Either party may terminate this agreement upon written notice to the other party. Upon termination, the Instructor shall cease offering the course through Fundisa, and the Fundisa shall remove the course from its platform.

8.6 Representations and Warranties

8.6.1 The Instructor represents and warrants that he/she has the necessary skills, qualifications, and experience to create and deliver a high-quality course.

8.6.7 The Instructor represents and warrants that the course content does not infringe on the intellectual property rights of any third party.

8.7 Indemnification

The Instructor agrees to indemnify and hold Fundisa harmless from any claims, damages, or expenses arising out of or in connection with the Instructor’s breach of this agreement or the Instructor’s delivery of the course.

8.8 Governing Law

8.8.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Fundisa is located ( South Africa), without giving effect to any principles of conflicts of law.

8.9 Entire Agreement

This Agreement constitutes the entire agreement between Fundisa and the Instructor and supersedes all prior agreements and understandings, whether written or oral.

By accepting this Agreement, the Instructor agrees to be bound by its terms and conditions.