Except where otherwise agreed to in writing, all users of the Varsity Group app or website and Application, shall be subject to these Varsity Group terms and conditions (the "Terms"). The Terms will be subject to the CPA, the NCA, the POPIA and any other legislation applicable to the supply of services by Varsity Group.
These Terms constitute an agreement between you, the Customer, and Varsity Group, so please ensure that you understand all of them. If you do not understand a Term, please contact Varsity Group on the number provided herein to assist you, or alternatively direct your queries to the email address also provided herein.
THE IMPORTANT TERMS WHICH MAY LIMIT OUR RESPONSIBILITY OR INVOLVE SOME FORM OF RISK ARE DISPLAYED IN BOLD FONT. YOU ARE ADVISED TO PAY SPECIAL ATTENTION TO THESE TERMS.
If you are a Varsity Group website and/or a Varsity Group Application user, you hereby agree to use the website and the Application for lawful purposes only. If you do not agree with any of these Terms, do not use this website. You may only use this website and the Application if in terms of South African law you have the legal capacity to enter into an agreement.
Varsity Group does not guarantee that this website and the Phone Application will operate free of error and reserves the right to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice (including during and/or after you may have submitted any communication).
In these Terms:
Application means the mobile Varsity Group cellular phone application.
CPA means the Consumer Protection Act 68 of 2008, as amended.
Customer or "you" means the persons using this website and/or the Phone Application, and includes the Customer's representatives.
ECTA means the Electronic Communications and Transactions Act 25 of 2002, as amended.
NCA - the National Credit Act 34 of 2005, as amended.
POPIA means the Protection of Personal Information Act 4 of 2013, as amended.
Varsity Group or "we", "us" or "our" means Varsity Group (Pty) Ltd, with registration number 2013/184815/07, or its successors in title.
Varsity Group may immediately terminate use of and access to this website and Application if you breach any of these Terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for damages.
In terms of section 86 of the ECTA, you are notified that it is a criminal offence to gain unauthorised access to, or otherwise interfere with the proper functioning of this Website or Application.
These Terms and any other contracts concluded between Varsity Group and the Customer shall be subject to the laws of the Republic of South Africa.
In terms of section 45 of the Magistrates' Courts Act 32 of 1944, the Customer consents to the jurisdiction of any Magistrates' Court in the area which the Customer resides or works, notwithstanding the amount involved. This does not prevent Varsity Group from bringing legal proceedings in a High Court that has jurisdiction.
The Customer warrants and declares that:
- the Customer has been given an adequate opportunity to read and understand these Terms and is aware of all these Terms thereof, particularly those printed in bold. The Customer understands and accepts its risks and costs as well as its rights and obligations under these Terms;
- the Customer has full power and authorisation to effect and carry out the obligations in terms of these Terms and, if the Customer is a corporate entity, association, partnership or a trust, that all necessary corporate and/or other actions were taken to authorise the execution of these Terms and the Customer will provide Varsity Group with the originals or certified copies of all documents confirming such authorisation;
- all the information the Customer provided to Varsity Group in connection with the conclusion of these Terms is true, complete and accurate and the Customer is not aware of any material facts or circumstances not disclosed to Varsity Group and which, if disclosed, may adversely affect the decision to enter into these Terms;
- entering into these Terms will not cause it to become over-indebted as contemplated in the NCA;
- the Customer has fully and truthfully answered all and any requests for information addressed to it by or on behalf of Varsity Group leading up to the conclusion of these Terms;
- the Customer has the necessary legal capacity to enter into these Terms and is not subject to an administration order referred to in section 74(1) of the Magistrates Court Act, any sequestration, liquidation or judicial management order or any business rescue proceedings;
- Varsity Group did not make an offer to the Customer which would automatically have resulted in an agreement if the Customer had not declined the offer;
- Varsity Group has not induced, harassed or forced the Customer to enter into these Terms;
- these Terms were completed in full at the time of the Customer signing these Terms; and
- the Customer is aware that, if these Terms become subject to the NCA, Varsity Group must report the relevant details required in terms of section 69(2) of the NCA to the National Credit Register or a registered credit bureau.
Varsity Group shall not be liable for, or bound by the price of any goods or services displayed on this website or Application where such price contains an inadvertent and obvious error due to section 23 of the CPA not being applicable to electronic transactions.
Varsity Group is registered for VAT and prices reflected on this website and Application are inclusive of VAT.
This website may contain hyperlinks referring to other websites managed by companies other than Varsity Group Ltd and over whom Varsity Group does not exercise any control. Varsity Group does not endorse these third party websites and disclaim any liability in respect of damages arising out of such use.
All title, ownership rights and intellectual property rights in and relating to the content of this website and Application including, but not limited to, copyright, logos, names, trademarks, service marks, design, photographs, text, sound recordings, images, concepts and themes are the exclusive property of Varsity Group, unless where otherwise provided. Any reproduction, transmission, publication, performance, broadcast, alteration, license, hyperlink, creation of derivative works or other use in whole or in part in any manner without the prior written consent of Varsity Group is strictly prohibited and will be liable to prosecution.
Varsity Group respects the privacy of our customers and takes precaution in ensuring that any information submitted to Varsity Group via our website or Phone Application shall be dealt with in accordance with POPIA and any other legislation relating to matters of privacy.
By using this website or Application you hereby consent to the collection of your personal information including, inter alia, your cell phone number, email address, IP address, name of your internet service provider for internal purposes which will not be sold or divulge to third parties. In addition, you permit Varsity Group to collect your personal information for research, historical or statistical purposes.
The collection of personal information shall be reasonable and lawful and shall be done in a manner that will not infringe on your privacy.
Varsity Group undertakes not to transfer any of your personal information obtained in the ordinary course of business to third parties without your prior consent.
Persons under the age of 18 are prohibited from providing Varsity Group with any personal information without the consent of their parents or legal guardians.
Varsity Group undertakes to destroy, delete or de-identify all personal information as soon as reasonably practicable after Varsity Group is no longer authorised to retain such information.
Should you wish to withdraw consent please confirm same in writing to info@varsitygroup.co.za
This website makes use of cookies. Cookies are small amounts of data that are sent to your browser from a web server and are stored on your computer's hard drive. Cookies enable us to tailor our products and services to suit your personal interests by facilitating navigation, estimate our audience size, assist our online merchants to track visits to our website and to analyze your visiting patterns. You can configure your browser to decline cookies or to notify yourself when you are sent a cookie. Details on how to implement the aforesaid configuration can be found in the instructions for your web browser.
This website uses Google Analytics, a web analytics service provided by Google Incorporated ("Google"). Google Analytics uses cookies to enable the website to analyze how users use the site. The information generated by the cookie will be transmitted to and stored by Google on servers in the United States of America. The information obtained will enable Google to evaluate your use of the website, compile reports on website activity for website operators and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your web browser, however should you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent Google from collecting and processing cookiegenerated data and data obtained by your usage of the website (including your IP address) by downloading and installing the following browser plug-in: http://tools.google.com/dlpage/gaoptout?hl=en-GB
This website contains links to the external social network website "Facebook". The Facebook internet website is operated by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland. You can recognise the links by the button illustrated on the left.
When you click on the button, it becomes active and the Facebook plug-ins are activated. Your browser then sets up a direct link to the Facebook servers. Facebook then gets the information that you have accessed this website with your IP address. If you are logged in on Facebook, your visit can be associated to your Facebook account.
If you interact with the plug-ins, for example, if you click on the 'Like' button or post a comment, the corresponding information is transmitted directly from your browser to Facebook and saved there. As the transmission is direct, we obtain no information as to the data transferred. For information on the purpose and extent of data capture by Facebook and the further processing and use of the data by Facebook as well your rights in this regard and setting options for the protection of your personal privacy, please refer to the Facebook data protection information at http://www.facebook.com/policy.php
The functions assigned to the Facebook links, in particular the transfer of information and user data, do not become active just by visiting our website, but only when you activate the respective buttons.
The Varsity Group website and Phone Application is hosted, controlled and operated from the Republic of South Africa and use of this website shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, you hereby consent to our right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by you to our staff and employees on this website or Application.
Sections 43 of the ECTA requires that Varsity Group discloses the information and procedures set out in section 43 in respect of electronic transactions. Should this website fail to comply with section 43 of the ECTA, you will have the right to cancel the transaction within 14 days of receipt of the relevant services under the transaction. According to section 42(1)(d) of the ECTA the cooling-off period set out in section 44 of the ECTA does not apply to electronic transactions for services which was initiated by the Customer's consent before the end of a period of seven days from receipt of the service.
Should you have any comments, queries or requests relating to these Terms, please contact:
Varsity Group's Head Office
Registered Address: [59 Warwick Road, West Beach, Cape Town, 7441]
Phone: +27(0) [795275162]
E-mail: info@varsitygroup.co.za
Postal Details: [59 Warwick Road, West Beach, Cape Town, 7441], South Africa
Vat Number: TBC