FEENIX’S TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES

INTRODUCTION TO THE WEBSITE AND SERVICES

1. Feenix wishes to establish a Bursary Programme for students who are pursuing qualifications in the funder’s preferred fields of study. The Bursary programme that is committed to Skills Development and transformation will be administered by the Bursary Administrator.
2. Accordingly, the Bursary Administrator provides an online platform allowing students to apply for the Feenix Bursary Programme (“Bursary”) (collectively, the “Services”).
3. These Terms explain the conditions applicable to how users must make use of the Website. For further information on the exact specifications and requirements of the Bursary, please consult the relevant pages on the Website, as well as the Bursary Agreement (which will be made available to successful candidates).
4. In order to use the Services and apply for the Bursary, users must register on the Website using the prompted methods and submit any required information to submit their application.
5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon the Bursary Administrator uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
6. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

RELATIONSHIP BETWEEN THE PARTIES

1. For all Services provided, the Bursary Administrator does not have an employment, agent, intermediary, advisory, representative nor broker relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise.
2. The Bursary Administrator does not provide any regulated employment, educational, labour, financial, advisory, banking nor payment services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights.

USER APPLICATION PROCESS

1. Each user shall only submit one (1) Application and agrees to provide accurate, current and complete information during the application process and to update such information as and when it changes.
2. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity.
3. Where you provide us with Personal Information about another person in order to determine whether you qualify for the bursary, you confirm that you are authorised to:
   1. provide us their documentation and information;
   2. consent on their behalf to the Processing of their Personal Information;
   3. consent on their behalf to the verification of their documentation and information, where lawful and reasonable, from public sources and third parties for any legal, compliance or financial purposes;
   4. consent on their behalf to the sharing and processing of their information with our third-party platform and infrastructure service providers, both locally and outside the country where the Platform is provided; and
   5. receive any privacy notices on their behalf.
4. Please see the Bursary Administrator’s Privacy Policy regarding more details on how the Bursary Administrator uses and processes your personal information.
5. Feenix places great importance on ensuring the security of our Platform and your information. We regularly review and implement up-to-date physical, administrative, technical and organisational security measures when administering the platform, and when processing your information. The law requires that users have due regard to generally accepted information security practices and processes in order to assist in securing the Feenix Platform and the information processed therein, and securing their own accounts and Personal Information.
   1. Feenix Platform users are responsible for:
      1. enabling any additional security features available to you on your mobile device or personal computer including device access pin codes, passwords, access patterns or facial recognition features;
      2. keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security; and
      3. maintaining security and control over the email mailbox and phone number associated with your bursary application.

THE SERVICES AND BURSARY PROCESS

1. The Services are primarily the offering of the ability to users to apply for and engage with the Bursary, as well as the parties and processes related thereto.
2. For further and exact information on the various Services currently offered by the Bursary Administrator, or those specific to you, please consult the relevant “Home” page on the Website or please contact support@feenixbursary.org who will gladly assist.
3. For the exact qualifications, exclusions, specifications and/or academic criteria required to apply for the Bursary (amongst other information), please consult the landing page of the Website or contact +27 63 968 7544 who will gladly engage you on such information.
4. You agree and understand that any information, guidance or content provided to any user on the Website or as part of the Services, is general in nature and is not specific to any particular user for any specific educational need of that user. A user is at all times responsible for their own decisions and actions relating to the Website and Services, where any such information provided by the Bursary Administrator is only ever general in nature.
5. For your general information, and subject to further information from the Bursary Administrator relating to the Bursary application process provided to a user, the following constitutes the correct due order of how a Bursary application will be processed:
   1. Phase 1: Website application and checking of documentation;
   2. Phase 2: Eligibility screening and Debt Verification with relevant University
   3. Phase 3: Final selection and signing of Bursary Agreement.
6. The successful acquisition of a Bursary from the Bursary Administrator will include:
   1. Anything on a formal tertiary institution’s fee statement for the relevant student (e.g accommodation, tuition, book allowance, meal allowance etc.). For clarity, such inclusions may be unique to the particular tertiary institution,
   2. In addition, the Bursary Administrator may further inform the student of any other inclusions in the bursary.
7. In addition to those requirements for the Bursary application process detailed on the Website’s landing page, the following obligations are also imposed on any applicant user to the Bursary should they be successful in acquiring an invitation to accept the Bursary:
   1. They must respond to all communications from the Bursary Administrator administration team within 48 (forty-eight) hours or by given deadline;
   2. Proof of Completion or Academic results for the user must be sent to the Bursary Administrator throughout the year (per term or per semester)
   3. The user must sign the Bursary Agreement;
   4. The user cannot accept funding from another bursary;
   5. Timeously and correctly respond to ad hoc requests from the Bursary Administrator and/or other Bursary funders;
   6. Should the Bursary Funder require the user to confirm receipt of the funding with a B-BBEE verification agency, the user commits to being available for an interview with the agency to confirm funding received and provide relevant documentation within the time period required.
   7. The user commits to participating in the Feenix online webinars for work readiness and in the financial literacy platform (BlackBullion SA)
   8. The user commits to providing a progress report (employment/continued learning) after obtaining their graduation certificate.
   9. Should the Bursary Funder require the user to participate in any graduate programmes post completion of their studies, the user commits to being interviewed by the Bursary Funder in this regard.
   10. The user must be available for given vacation work (if offered);
   11. The user must be available for potential mentorship (if offered); and
   12. The user must prioritise the Bursary Funder’s employment offers (if any provided to them) over other offers of employment.

PAYMENT FOR THE BURSARY ADMINISTRATOR SERVICES

1. There is no Fee due to the Bursary Administrator for the use of the Website or Services (where an application towards the Bursary is free).
2. The exact details about how any funds from the Bursary are to be paid out and used are detailed in the relevant Bursary Agreement, but for general understanding, all debt to be covered will be verified with the chosen institution before payment, and any payments made will be directly to the institution who will allocate same funds to the student user’s university account. No payments will ever be made to personal user bank accounts.

USER RESPONSIBILITIES AND WARRANTIES

1. By using the Website and/or the Services, you warrant that:
   1. you have read and agreed to these Terms and will use the Website and Services in accordance with them as well as the other Bursary criteria and specifications detailed throughout the Website and/or in any subsequent agreement relating to the user’s acceptance of the Bursary from the Bursary Administrator (“Bursary Agreement”);
   2. you have not made any misrepresentations and the information provided in the registration and/or Bursary application process about you, your family, your finances, your qualifications, your employment, your school record or any other information is true, accurate and complete in every aspect;
   3. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
   4. you lawfully possess and submit all information to the Website and/or the Bursary Administrator for the use of it or the Services, understanding that any processing of your personal data that the Bursary Administrator may undertake is strictly in accordance with our Privacy Policy and applicable South African data laws;
   5. you agree and expressly consent to providing us with further information/documentation to support your application as we request it, and consent to us requesting supporting documentation from a third-party who has your permission to provide us with same information to support your application;
   6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
   7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
   8. you understand and agree that you may be disqualified from receiving a Bursary and the Bursary applicable to you may be cancelled should any of the following scenarios occur:
      1. the user student is found to have another bursary;
      2. the user student fails their academic year; or
      3. the user Student is found to be participating in any illegal activities,
   9. you will not rely solely on any information provided by the Website/the Bursary Administrator, and will acquire further independent specialist advice for any decision you may make pursuant to information you have attained from the Bursary Administrator, the Services and/or the Website (such as a career councillor or similar);
   10. you understand and agree that your mere application to the Bursary does not indicate or infer that you have been accepted to receive a Bursary or are invited to participate in any related Bursary programme;
   11. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
   12. you will not use the Website platform for any commercial purpose other than as expressly provided for by the Bursary Administrator herein;
   13. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
   14. you will not facilitate or assist any third party to do any of the above.
2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
3. Without prejudice to any of the Bursary Administrator’s other rights (whether at law or otherwise), the Bursary Administrator reserves the right to deny you access to the Website, Bursary or the Services where the Bursary Administrator believes (in its reasonable discretion) that you are in breach of any of these Terms.
4. The Bursary Administrator does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

RECEIPT AND TRANSMISSION OF DATA MESSAGES

1. Data messages, including email messages, sent by you to the Bursary Administrator will be considered to be received only when acknowledged or responded to.
2. Data messages sent by the Bursary Administrator 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.
3. The Bursary Administrator reserves the right not to respond to any email, Bursary application/engagement or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. The Bursary Administrator is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from the Bursary Administrator to a user, between users or from a user to the Bursary Administrator.
5. You understand and agree that any contact details given on application by you will be used for future communication and it is your responsibility to inform us if such details change. We are not responsible if messages/communications are missed by you or us due to your details changing.

HYPERLINKS, DEEP LINKS, FRAMING

1. The Website may include links to other internet sites (“the other sites“). The Bursary Administrator does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
2. The Bursary Administrator does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to support@feenixbursary.org to request the removal of such content.
3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.

INTELLECTUAL PROPERTY PROTECTION

1. All Website layout, content, forms, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Website and the Bursary Administrator in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by the Bursary Administrator, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
   1. For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided the Bursary Administrator with a non-exclusive, non-transferable licence to use such user intellectual property as the Bursary Administrator deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of the Bursary Administrator first being granted, which consent may be refused at the discretion of the Bursary Administrator. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, the Bursary Administrator and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
3. The Bursary Administrator reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their application, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
4. Where any of the Website intellectual property has been licensed to the Bursary Administrator or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
5. Subject to adherence to the Terms, the Bursary Administrator grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of the Bursary Administrator.
6. Any enquiries regarding any of the above relating to intellectual property must be directed to the Bursary Administrator at support@feenixbursary.org

DISCLAIMERS AND WARRANTIES

1. The Website and Services, including any intellectual property appearing therein, are provided “as is” and “as available”. the Bursary Administrator makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Bursary, the Services or the information contained on the Website.
2. All information or opinions of users or content providers made available on the Website in relation to any of the Services are those of the authors and not the Bursary Administrator. While the Bursary Administrator makes every reasonable effort to present such information accurately and reliably on the Website, the Bursary Administrator does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
3. The Bursary Administrator, its shareholders, donors, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular user’s success, failure or advancement with any Bursary application/process.
4. The Bursary Administrator, its shareholders, donors, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, Bursary, and access to, or use of, the Website in any manner.
5. The Bursary Administrator takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, the Bursary Administrator does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

INDEMNITIES

1. The user indemnifies and holds harmless the Bursary Administrator, its shareholders, donors, employees, and partners from any demand, action or 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 the user’s use of the Website and/or Services offered or concluded through the Website in any way.
2. The user agrees to indemnify, defend and hold the Bursary Administrator harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
3. This clause will survive termination of this agreement.

COMPANY INFORMATION

Site owner:	The Feenix Trust
Legal status:	Public Benefit Organisation
Registration number:	IT1831.2017
Trustees:	Allan Keep Cassim Coovadia Jean Faure Nomvula Dlamini Standard Trust Limited (Keshma Vallabh) Johannes de Ru
Description of main business:	Public Benefit Organisation with a focus on education and training (Bursary-focused with this Website and Services)
Telephone number:	021 007 5786
Email address:	support@feenix.org
Website address:	http://www.feenix.org
Physical address:	The Woodstock Exchange A406 4th Floor Woodstock 7925
Postal address:	PO Box 1291 Parklands 2121
Registered address:	2nd Floor 191 Jan Smuts Avenue Parktown North 2193 Johannesburg

DISPUTE RESOLUTION AND GOVERNING LAW

1. The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa only. Any dispute arising out of a completed and binding Bursary Agreement between the user and the Bursary Administrator must consult the Bursary Agreement for the dispute resolution process applicable to that context.
2. Should any dispute, disagreement or claim arise between a user and the Bursary Administrator concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
3. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
4. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by the Bursary Administrator. Arbitration proceedings shall be conducted at a mutually agreed venue in Cape Town, South Africa in English.
5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

TERMINATION OF USE OF WEBSITE OR SERVICES

1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, THE BURSARY ADMINISTRATOR RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR APPLICATION AND USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT THE BURSARY ADMINISTRATOR GIVES REASONABLE NOTICE TO YOU.
2. If you wish to terminate the agreement with the Bursary Administrator, or end your use of the Services, you may do so by revoking your application with the Website and discontinuing your use of the Website/Services.
3. To delete any functional Bursary application actioned via the Website, please contact support@feenixbursary.org.
4. In the event of cancellation of your agreement with the Terms and with the Bursary Administrator, the Bursary Administrator will remove you from the Website, delete your Profile and any documents uploaded during the application process, and notify you via email that the application has been revoked.

NOTICES AND SERVICE ADDRESS

1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
   1. in the case of the Bursary Administrator, at support@feenixbursary.org; or
   2. in the case of the user, at the e-mail and addresses provided by the user to the Bursary Administrator in the registration process and/or in their application.
2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

GENERAL

1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
2. No indulgence, leniency or extension of time granted by the Bursary Administrator shall constitute a waiver of any of the Bursary Administrator’s rights under these Terms and, accordingly, the Bursary Administrator shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
5. Should you have any complaints or queries, kindly address an email to the Bursary Administrator at support@feenixbursary.org of same.
6. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
7. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 16.6.