These Terms and Conditions for users ('Terms') set out the terms and conditions that govern your use of Masthead's learning products and services (e.g. course content, assessments, tools and registers), as well as your registration for any course or seminar (‘Course’) offered by Masthead

Accessing the Masthead Learning Centre

Acceptance: By checking the ‘I agree with the terms and conditions’ box when registering your account for the first time, you agree to be bound by these Terms.

Accurate information: All information (including personal information) provided to us on registration or while accessing any Masthead Course, must be true, accurate and complete. You are also responsible for updating any change to your information. All personal information will be responsibly processed in accordance with our Privacy Policy.

Suitability of a Course: Before registering for any Course, you are responsible to satisfy yourself as to the relevance and suitability of the Course for your requirements, through consideration of the information supplied 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 Masthead Learning Centre or physical premises, once you have made payment for the Course.

Course capacity: Courses facilitated in a face-to-face manner have a limited number of seats available. It is important to note that if payment for the Course is not received within the timeframe indicated, your reservation will be cancelled and you will be required to re-register should you wish to attend this course.

Competence Register: Access to and use of the Masthead Competence Register is dependent on your level of usage of Masthead courses and content through the Masthead Learning Centre. Masthead reserves the right to amend the criteria for access and use of the Competence Register without prior notification.

Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or Masthead Learning Centre, please don't hesitate to contact us on 021 686 3588, email learning@masthead.co.za or making use of the ‘Contact Us’ form via the link available on our Website.

Course Requirements

Registration online: You can register for Courses online through the links available on the Masthead Website.

Basic requirements: To complete a Course, you will need your own active 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 or download documents in Adobe PDF Reader, Microsoft PowerPoint, Excel and Word.

Browser requirements: We recommend that you use Google Chrome as your Internet browser when accessing the Masthead Learning Centre. This browser can be downloaded from the following website: https://www.google.com/intl/en/chrome/browser/

Course Delivery

Language: English is the language of instruction, assessment and administration for all Masthead Courses.

Workshops and seminars: These courses are delivered face to face in a classroom environment facilitated by a Masthead facilitator. The premises where the courses will be held will be communicated through the course information section on the Masthead Learning Centre and a map with directions will be provided.

Online courses and assessments: Each Course consists of a number of modules which should be completed by you within the stipulated timeframe, as highlighted in the ‘Course Information’ tab. Failure to complete the Course, or unsuccessful attempts at an assessment within the allotted timeframe, will necessitate re-registration and payment for the Course.

Material: All Course-related documentation is provided in electronic format, once the registration fee has been paid, and can be accessed via the ‘My Learning’ page by clicking on the course name and viewing the ‘Learning Material’ tab.

Communications: You may receive communication via email or text message from Masthead for Course administration and related purposes, including reminders of deadlines, expiry notices, payment notifications, surveys 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 marketing communications that are unrelated to Course administration, at any time, through the unsubscribe facility provided). The emails you will receive from Masthead will be sent from learning@masthead.co.za or e-learning@masthead.co.za. To ensure you receive these emails and that they are not directed to your spam or junk mailbox in error, please add these email addresses to your safe-senders list.

Access to the Masthead Learning Centre: Upon your initial registration, an account with your profile will be set up for you on the Masthead Learning Centre.

Permitted use: Only users who are registered for a Course may participate in that Course. You may not divulge your login details 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 Masthead, or access the Masthead Learning Centre using another user's login details. If you forget your login details, you can click on ‘I forgot my password’, enter your ID or passport number and registered email address, check the box for ‘I’m not a robot’ and click on ‘Send’. You will then receive an email with a link that will allow you to update your password and regain 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 Masthead Learning Centre.
  • Removing any notice of copyright, trademark or other proprietary right from any place where it is located or embedded in the Course content.
  • Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms
  • Making copies of the Course content available 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.

Your responsibility: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You accept that you are responsible for the consequences of your use of your profile on the Masthead Learning Centre, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.

Masthead CPD Package Deals

Registering for the Masthead CPD Package Deal will give you access to all existing and future online learning content.

Registration for online courses and activities:

  • Register for an online activity by clicking on the course or activity block and follow the prompts.
  • You can only register for each CPD online activity once per CPD cycle.
  • Each CPD online activity has been allocated a set access period which is anywhere between 2 and 30 days. The access period is only activated once you register for your course or activity.
  • Please ensure that you complete your course or activity within the allocated access period.
  • Once your course or activity has expired, it cannot be reopened for access within a CPD cycle.

Course Assessment

General: Some courses are based on end assessment and there are no examinations, unless stipulated otherwise for a specific Course.

Course marks: Some Courses are formally assessed in accordance with the assessment criteria and procedure for allocation of marks.

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 a tax invoice, which shall be available to download from the Masthead Learning Centre under the ‘Invoice’ tab on the particular course you are registered for, which you can access at any time.

Payment of VAT: All courses are inclusive of VAT, unless stated otherwise.

Payment reference: When making payment, you must ensure the reference number provided via email communication from the Masthead Learning Centre is reflected on your payment. We will not be held liable if we are unable to locate your payment.

Voucher codes: If you have been provided with a voucher code and you would like to make use of it when you register for a Course, you will have to indicate this, by entering the voucher code and clicking ‘Claim voucher’, when going through the Course registration process and agree to be bound by the terms and conditions of this voucher code. Voucher codes are non-transferrable and non-refundable.

Suspension for non-payment: If you fail to make payment for a Course by the due date for payment you will be removed from the Course. In such case, you will not be permitted to access the online Course or physical premises 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.

Course feedback: Ensuring your experience of our courses and Learning Centre is positive and meets with your expectations, are very important for us. Where possible, we aim to make the whole learning experience hassle-free through a user-friendly registration platform and well-structured, practical and informative courses. To ensure we achieve this, we rely on honest feedback from you. By agreeing to these Terms, you acknowledge and consent to receive course administration and content-related questionnaires and to accurately complete these in a timeous manner.

Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the Masthead Learning Centre or Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.

Cancellations and Refunds

Cancellation fee: Once access to the Course by successful registration has been granted, you will have access to all course material and as such a 100%-cancellation fee will apply once registration for a course has been granted. For members who qualify for free face-to-face courses, a cancellation fee of R250.00 (including VAT) will apply if attendance is cancelled within 48 hours of the face-to-face course taking place. This cancellation fee also applies to non-attendance.

Cancellations can be done by contacting your regional office or by contacting us.

Refunds: Refunds for cancellation will be paid in the following circumstances:

  • 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.

Certification: Certificates of completion or attendance are issued in your legal name upon successfully completing or attending the Course. The following points should be noted in relation to certificates:

  • Certificates are made available through the ‘My Learning’ page for face-to face Courses and will be available via email and on your Online Learning Dashboard for online Courses.
  • If you receive a certificate with a printing error, you are required to notify Masthead, and return the erroneous certificate to the sender before an amended version will be issued. Masthead cannot be held liable for printing errors resulting from incorrect personal user information provided to us.

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.

No liability for use of My Competence Register: The Competence Register is designed to help users track and record all their learning activities and competency requirements throughout their career or specific learning and development cycle. The Register is built, based on the prescribed competence register as envisaged in BN194 of 2017. It remains the user’s sole responsibility to ensure the accuracy and validity of all learning records recorded in the Register. Masthead does not accept any liability or responsibility with regards to the accuracy, completeness or validity of the Register and cannot be held liable for reliance on the accuracy of the Register by the user or any third party.

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 Masthead'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 Masthead, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.

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. This indemnity includes claims arising from your use of the Masthead Learning Centre in a way that does not comply with these Terms, 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 Masthead Website or Learning Centre

Interruption of service: You acknowledge and agree that from time to time, the Masthead Website and/or Learning Centre 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 Masthead Website or Learning Centre 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 Masthead Website and/or Learning Centre.

Security: We will use reasonable commercial measures to secure our system and your profile on the Masthead Learning Centre, 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.

Intellectual Property

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 Masthead Learning Centre or otherwise provided by Masthead, 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.

User content: The services and Courses may enable you to share your own content, including assignments, with Masthead and fellow users and you specifically agree and consent that we shall be entitled to use all content shared by you on our Masthead Learning Centre for internal research and development and Course improvement.

Warranties and Disclaimers

Intellectual property rights warranty: We warrant that in providing you with Course content and Learning 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. The opinions expressed by the contributors to Courses are their own and do not necessarily reflect the opinions or policies of Masthead (Pty) Ltd.

User 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.

Modification and Termination of Participation in a Course or Service

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. We may change the pricing structure or increase or decrease fees applicable to Courses and services. 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 five 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, Masthead encourages feedback. 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 Masthead can cater for complaints received on all levels, regardless of severity. Masthead will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possible. A complaint can include complaints about the Course structure and presentation, academic content, or the actions or lack of action by Masthead or its representatives.

Lodging a complaint: Should you wish to lodge a complaint, you are required to submit this using the ‘Contact Us’ form on our Website or via email using the learning@masthead.co.za address.

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.

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.

General

Masthead's details: If you are registering for a Course, then these Terms are a contract between you and Masthead (Pty) Limited, a company registered in the Republic of South Africa with its address at First Floor, Park Terraces, Golf Park, Mowbray, 7705, South Africa.

Governing law: 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 Masthead 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 Masthead Learning Centre, 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 ordinarily 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 Masthead without restriction.

No indulgence or waiver: If Masthead 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.

Class of Business

Student Declaration Applicable to Milpark Education’s Class of Business Training.

I hereby certify that the information provided is correct and complete. I understand that false information will invalidate this application.

Milpark Education collects, stores and uses personal information only for the purposes of administering student and prospective student admissions, registration and education. The information collected is confidential and will not be disclosed to any third parties without your consent, except to meet government, legal and other regulatory authority requirements.

I hereby consent to all applicable Class of Business study information being made available to my employer (where an employer exists), the Masthead Learning Centre and to the Financial Services Conduct Authority.

I waive my right to privacy for the purposes of my employer obtaining such information, using it for internal purposes, and/or communicating to the Financial Services Conduct Authority.

Date of last amendment: 05 April 2019