TERMS AND CONDITIONS

Introduction

Welcome to Wingu Academy. By using this website and registering with Wingu Academy, you agree that you have read, understood and agree with all terms and conditions. This applies to Wingu Academy as well as any other subsidiaries and affiliates. These terms may be changed due to changing circumstances and all reasonable steps to inform you of the changes will be taken. By continuing to use our website and services, we accept your tacit consent to such changes.

These terms and conditions are legally binding agreements between yourself and Wingu Academy. Learners under the age of 18 must be assisted by and have the consent of their parents or legal guardians. By registering at Wingu Academy, you agree that you have been assisted by a parent or legal guardian and that they consent to such a registration.

Registration

Once a registration form and the non-refundable application and registration fee has been paid, the student is considered registered on the Wingu Academy platform. Services will start as soon as subscription payments are initiated.

PAYMENT OPTIONS

We have three payment methods available. A monthly subscription billed to your debit or credit card, a monthly debit order, or direct EFT from your own banking app (EFT payments are only accepted for pre-payment of 12 months of access to the platform).

In order to access the content and services provided by Wingu Academy, the full application fee and depending on which payment option is chosen, the required portion of payment, must be paid.

The information you provide during registration must be accurate and correct and Wingu Academy must be notified immediately, by email, if this is not the case. By continuing with the registration and using the Wingu Academy services, you confirm that all details and information supplied by you, is correct and true. In the event that an error occurred, please notify Wingu Academy Accounts Department as soon as reasonably possible. In this event, Wingu Academy will, in its sole discretion, determine the course of action that will be taken to correct this error. You will be informed of the process to correct the error.

Should you elect to pay the tuition fees via a monthly debit order or EFT directly from your banking app and the learner finishes the course in a shorter period of time than the suggested working schedule, you are still liable to pay the full amount owing.

If you elect to pay the tuition fees via Debit or Credit Card or via monthly debit order, Wingu Academy will not be liable if the transaction is declined by your bank for any reasons that are not directly linked to the actions or inactions of Wingu Academy. An additional administrative fee of R250.00 will be charged in the event that such a transaction is declined and the Wingu accounts team needs to prompt action.

IMPORTANT NOTICE

The admission and enrollment of learners to Wingu Academy is at the discretion of the Head of the Academy who may refuse a learner’s admission without giving reasons therefore and may grant temporary, or provisional enrollment to Wingu Academy subject to such further terms and conditions which the Head of the Academy may impose.

The Head of the Academy may, at his/her sole discretion, cancel enrollment in accordance with the Rules. For the sake of clarity, this Agreement regulates the registration and access of the Learner to the Wingu Academy Platform and associated services and also regulates the relationship between Wingu Academy, the Learner, yourself and/or a Third Party once a Learner is grated access and enrolled in the Wingu Academy Platform. Nothing in this Terms of Use should be interpreted as a representation or warranty made by Wingu Academy that a Learner will be admitted to and enrolled with Wingu Academy.

By enrolling into Wingu Academy you agree to the terms and conditions contained in these terms as well as any terms and conditions contained in the Policies of Wingu Academy, which form part of this Contract. If there is any provision in this Contract that you do not fully understand, please ask for an explanation before accepting th terms of use and making a payment.

This Terms of Use contains clauses which may limit the risk or liability of Wingu Academy or a third party; and/or may create risk or liability for you; and/or may require you to indemnify Wingu Academy or a third party; and/or serve as an acknowledgement, by you, of a fact.

Your attention is drawn to these clauses because they are important and should be carefully noted. The rights you have in this agreement are in addition to and do not affect the statutory rights and remedies you have under consumer protection law. In the event of a conflict between this contract and consumer protection law, your statutory consumer protection rights will prevail. Nothing in this document is intended to or must be understood to unlawfully restrict, limit, or avoid any rights or obligations created for you or Wingu Academy in terms of the Consumer Protection Act.

Services, Fees and Payment

Enrolment

The application and registration fee covers the entire application process and is non-refundable
An offer of a place for a Student at Wingu Academy is accepted by you paying the Enrolment fee.
if, subsequent to entering into this contract, a Learner does not take up a place at Wingu Academy (save for by reason of death or long-term hospitalisation) you will not be refunded the application Fee.
If enrolment fees are paid in advance in order to qualify for the discount and the student is unenrolled before the full period paid for has passed, the discount will be forfeited. The period the learner was enrolled will be billed as if no discount applied and the remainder of the fees will be paid back.
You have absolute responsibility for the payment of any Fees applicable to a learner attending Wingu Academy. You also acknowledge that Wingu Academy Fees are payable in advance on the first day of month or term. For monthly payments our safe and secure payment system is compulsory. For upfront payments of one year a direct EFT is compulsory. If you are unclear about any of your financial obligations, Wingu Academy will on request provide a written explanation.
Any Fee or other moneys owing by you to Wingu Academy not paid on or before the due date may bear interest at the maximum rate of interest for incidental credit prescribed from time to time in terms of the National Credit Act, 2005 (“NCA”), or at such lesser rate as Wingu Academy determines from time to time in its sole discretion.
Interest not paid to Wingu Academy by the last day of the month in respect of which such interest accrues will bear further interest at the same rate. In addition to interest, Wingu Academy will be entitled to recover from you default administration costs and collection costs, as contemplated in the NCA, including legal costs on the attorney and client scale and collection commission to the extent permitted by the NCA
Interest at 2% above prime will be payable on overdue accounts and should your account be referred to an attorney for collection, you will be liable for default administration costs and collection costs including legal costs on the attorney and client scale and collection commission to the extent permitted by the NCA.
In the event of the Third Party taking responsibility for the payment of the Fees, you by enrolling a learner in Wingu Academy, hereby bind yourself jointly and severally in your personal capacity as surety and co-principal debtor with the Third Party for payment to Wingu Academy of any amounts which are owing and may at any time become owing to Wingu Academy by the Third Party. By accepting our services you hereby acknowledge that any outstanding fees will result in suspension of platform access. Wingu Academy shall be entitled to notify the guardians of the students registered on the platform in the event that the Third Party is in breach of the Agreement or Terms of Use and such breach directly affects the Company’s relationship with such guardian and/or student.
You also acknowledge that if any instalment on account of a fee which is payable is not paid on the due date, the whole balance of the fee outstanding will immediately become due and payable by you. No indulgence or grant of time by Wingu Academy will constitute a waiver of its rights under this Terms of Use or otherwise.
You agree that fees paid in advance will be deposited by Wingu Academy and held in accordance with the Consumer Protection Act, but that Wingu Academy will be entitled to treat the interest generated from such funds as income
Fees will be reviewed each year and shall be made available to you before the beginning of the last term, giving you one term’s notice of any increase in the fees. You have a right to cancel this contract without penalty should Wingu Academy fees increase to an amount which you no longer wish to pay, provided that you give Wingu Academy 30 day’ written notice
Fees are due for each month of the year
In the event that you fail to make a payment according to the option selected when registering, Wingu Academy Accounts Consultants may remove you from the Courses you are enrolled for and suspend you from that course at our sole discretion. This suspension will remain in place until such time as the outstanding payments have been received by the Accounts Department. Learners will not be able to view or continue with any courses while the suspension is in effect. Once the payments have been received, such a learner may continue with the courses where he/she left off. If no payment is made to repay outstanding amounts, the learner will not be allowed access to the courses and no refund will be given for any payments made before the suspension of such learner’s account.
Any outstanding account balances will be collected in the final month of enrollment by debit order mandate or debit/credit card charges. Failure to settle such accounts may lead to debt collection which could result in credit ratings being affected in the event of non-payment.

SERVICES, TERMINATION AND CANCELLATION

Upon agreeing to a 12-month contract you are legally bound by the contract. Any cancelations of the contract will result in the year’s fees being due upon cancelation.

Upon agreeing to a 3 month contract, you have the right to cancel this contract at any time after the first three months, for any reason, provided you give 30 days’ notice, in writing, of this intention before the withdrawal of the child from Wingu Academy. You may not cancel the contract within the first three months of the Learner’s enrolment. In the event of such a cancellation, the three months and one months notice period will be payable. In such a case, the Learner(s) may not be enrolled with Wingu Academy for a period of 6 months after such cancellation and will be required to join the next intake. In the event that the amount of curriculum content that the student had accessed in the online courses exceeds the notice period schedule of work (for instance course content, quizzes, or assignments available but due in quarter 4 of the academic cycle and was accessed in term 2) the fees associated with the corresponding sections of the schedules of work are payable.

Wingu Academy has a right to cancel this contract at any time, for any reason, provided that it gives you 30 days’ notice, in writing, of its decision to terminate this contract. At the end of the term in question, you will be required to withdraw the child from Wingu Academy.

This is without prejudice to Wingu Academy’s other remedies, Wingu Academy may cancel the enrollment immediately and has no obligation to return any prepaid fee to you if you are in material breach of any of your obligations and have not (in the case of a breach which is capable of remedy) remedied the material breach within 20 (twenty) business days or a notice from Wingu Academy requiring you to remedy the breach, and in addition, it may claim payment of all monies then owing and damages equal to one term’s fees (as calculated at the time of cancellation) taking into account the nature of the services, capacity planning and reasonable potential to fill the vacancy.

Should you wish to cancel your enrolment, please contact the Wingu Academy Accounts Department. Please note that a cancellation fee may be charged, including but not limited to administration charges, recuperation of discounts and promotional prices linked to contract choices, and interest charges due to outstanding accounts.

SERVICES

Tuition fees depend on the subjects taken and the level at which they are taken. Please contact a Wingu Academy Consultant to discuss how the fees payable are determined. Fees are inclusive of all classes, digital content and some tutoring support for the core subjects offered. The fees cover the core requirements for a given year.
The services include access to online courses with recorded classes, video content, interactive elements and asynchronous assessments, synchronous (live) classes, set assessment periods were tests and exams are set and marked by qualified staff.
Services are structured to have periods of synchronous access to teaching staff, and periods of synchronous assessment where the writing of tests and feedback by teachers/lecturers/tutors will take place.

TEXTBOOKS AND EXAMINATION

Textbooks and Exam fees are not included in the registration or tuition fees. A list of prescribed textbooks will be provided and it is up to each client to purchase these, or other textbooks of their choice, at their own expense.
Any other resources or activities, outside of the teaching and tutoring, that you wish to participate in will be covered by you as they arise.
It is the duty of the learners and their parents/legal guardians to ensure that all necessary equipment is purchased at their own cost.
The Exams for IGCSE and AS/A Levels are administered by accredited Cambridge exam centers or Pearson Exam Centers of your choice. These centers charge a fee for registration to write the exams and these fees are not included in the tuition fees of Wingu Academy.
CAPS NSC Grade 12 exams are written at SACAI registered institutions closest to you, and these centers charge additional fees for exams that are not covered by the Wingu Academy tuition fees.

EXTRA TUITION

One-on-one tutoring will be charged as you request it, set at a rate per hour.

ACCESS TO THE ONLINE SCHOOL, ASSESMENTS AND INTERUPTIONS TO ACCESS

In the vent that you cannot access the online school, the platform or the online classes, please notify support@wingu-academy.com. All classes are recorded for your convenience to view at your earliest convenience.
To protect the integrity of assessments, students must write under invigilation. If a time outside of the scheduled time and date of assessment is required for medical or other valid and recognized reasons, an additional invigilated assessment can be requested at an additional charge.
You have chosen the route of online schooling, and as such understand that there are certain aspects which are different than a brick-and-mortar school. You hereby acknowledge that Wingu Academy does not have control over your internet or electricity access and that it remain your responsibility to ensure that your children have the appropriate tools, devices and access to participate in all schooling activities.
In the event of electricity disruptions in your local area, or scheduled power cuts (such as load-shedding) it remains the responsibility of the parents to make alternative arrangements for access or alternatively for the students to catch-up any work by watching lesson recordings and reviewing prescribed reading materials and online coursework at the earliest possible convenience.
Assessments are very important periods at Wingu Academy and in order to protect the integrity of the tests and exams, it is important for the parents of each student to make sure they are prepared for the tests in all aspects – both by studying for such assessments and in having a quiet, secure space to conduct the assessment observing all test/exam regulations and with complete academic honesty.
It is impractical and not possible for Wingu Academy to make alternative arrangements for each student nationally or internationally for all possible sources of interruption of access to assessments including but not limited to bad weather, pandemics, electricity power cuts, water supply disruptions, protest action, local warfare, access to the internet, criminal activity that results in loss or damage of electronic devices used for schooling and other aspects out of control of the Academy. In areas where these types of occurrences are regular in frequency, it remains the responsibility of the guardians to ensure that alternative arrangements and plans are made to conduct secure and efficient assessments. In the event that the specific date and time of such an assessment cannot be achieved by the student, an alternative date and time under special invigilation and supplementary exam/test conditions can be applied for but will be subject to an additional administrative and examination charge.

DISCLAIMERS

You acknowledge that Wingu Academy does not take any responsibility for any loss of data, or damage or destruction to any property of whatever nature (including study material or online resources) utilised by the learner unless damage occurs to that property either because Wingu Academy or its staff did not exercise the degree of care, diligence and skill that can reasonably be expected of a person responsible for managing property belonging to another person, when handling, safeguarding or using the property;

Unless you expressly notify us in writing to the contrary, you consent to your Child participating, under proper supervision, both in and outside Wingu Academy, in activities (including outings) which may entail some risk of physical injury to a learner travelling to and participating in activities and programmes outside Wingu Academy. Subject to Wingu Academy taking reasonable care to avoid harm and save for any gross negligence on the part of Wingu Academy, its employees or agents, Wingu Academy is not responsible for loss or damage resulting from such activities or programmes and you indemnify Wingu Academy against any claims in that regard.

You accept and agree that the learner may appear in recordings of the classes if their camera is switched on during class. If you do not consent to the Learner appearing in these recordings, you must ensure that they do not have their camera’s enabled. Wingu Academy will not be held liable for recordings that are made if your child(ren) do not switch of their camera’s during classes. By enrolling in Wingu Academy, you agree that the learner may appear in such recordings and that Wingu Academy may reasonably use these recordings in marketing campaigns or for future educational use.

Examinations and Courses

Wingu Academy is Pearson Edexcel accredited. Our courses are Cambridge aligned in order to help learners prepare for their IGCSE and A/AS Level Examinations but learners will receive their certification directly from Cambridge International Examinations (CIE).

Wingu Academy bears no responsibility in the correct selection of subjects for access to University. It is the responsibility of the learners and their parents or legal guardians to ensure that the learner will receive entrance to the university of their choice based on the subject choice and achievement therein.

Learners are regarded as independent learners by the CIE. Learners will have to write the Cambridge International Exams at a Cambridge test venue that accommodates independent learners. Continuous assessments will provide proof of whether learners are ready to write the final IGCSE exams. It is still, however, the responsibility of the parents/legal guardians and learners to determine if they are ready to write the exams. Learners must make their own arrangements regarding the exams and the correct exam centres. The cost of writing the exams and registering with a specific centre are not included in the tuition fees. The following website will provide you with the necessary information about how to register as a Private Candidate for the Cambridge International Exams: https://help.cambridgeinternational.org/hc/en-gb/articles/203475992-How-do-I-register-for-Cambridge-exams-as-a-private-candidate-

How to find a registered Cambridge School:

https://www.cambridgeinternational.org/why-choose-us/find-a-cambridge-school/

Exams are written twice a year in May/June and October/November each year. Every school and exam centre sets their own exam fees that cover the Cambridge International costs as well as the use of their facilities. Learners should contact their nearest exam centre at least 3 months in advance to ascertain all information.

Wingu Academy is SACAI accredited and introduced the CAPS curriculum in 2022 for Grade 10. Grade 11 – 12 to follow in 2023.

GENERAL OBLIGATIONS – PARENTS

You will inform Wingu Academy in writing, prior to admission and enrolment, of any special educational needs of your Child known to you, of the kind.

You will provide the necessary infrastructure and hardware to enable the Learner to attend individual electronic classes in an environment conducive to attention and concentration.

Wingu Academy encourages you to register the Learner younger than 15 years old as a Home School student at the Department of Basic Education or to seek the advice of the Pestalozzi Trust. Wingu Academy accepts no responsibility for ensuring that all legal requirements are met. Please view the following document explaining this process:

https://www.education.gov.za/Portals/0/Documents/Publications/Home%20Education/Home%20Education%20Registration%20Process.pdf?ver=2020-01-14-101806-077

You will register the Learner for the Cambridge Assessment International Examinations (CAIE) and pay all necessary examination fees at your selected examinations center. The learner must be registered with the CAIE at an exam center near you once the exams are to be written. There are alternative examination bodies that you can consider as well such as the Pearson Edexcel qualifications or alternatively when choosing the South African NSC the option of the SACAI examinations.

In order to fulfill our obligations, we need your co-operation. Without detracting from any specific obligations contained in this contract, you are required to fulfill your own obligations under these terms and conditions; encourage the Learner in his or her studies, and give appropriate support at home, keep Wingu Academy informed of matters which affect a Learner, maintain a courteous and constructive relationship with Academy staff and attend meetings and otherwise keep in touch with Wingu Academy where a Learners interests require you to do so.

The Head of the Academy may in his or her discretion require you to remove or may suspend or expel a Learner if your behaviour is, in the reasonable opinion of the Head, so unreasonable as to affect or likely affect the progress of a Learner at Wingu Academy or the well-being of Wingu Academy staff or to bring Wingu Academy into disrepute.

The Head of the Academy may further, at his/her discretion, require you to remove, or may suspend or expel a Learner from Wingu Academy, if he/she considers that a Learner’s attendance, progress or behaviour (including behaviour outside the academy) is seriously unsatisfactory and in the reasonable opinion of the Head of the Academy the Learner’s removal is in Wingu Academy’s best interests, or those of any Learner enrolled at Wingu Academy. In this case, the Learner’s access to Wingu Academy’s programs or material will be terminated immediately and without notice, or at a specified date that is shorter than full-term, with or without notice in any form, as is reasonable under the circumstances. Wingu Academy will not be required to give you a full term’s written notice under these circumstances. Should the Head of the Academy exercise this right, your deposit will be forfeited. However, any prepaid fees will be refunded to you.

Wingu Academy rules set out examples of offences likely to be punishable by suspension or expulsion. These examples are not a closed list and a Learner may be expelled or suspended for offences which are not included in these examples. In particular, the Head of the Academy may decide that suspension or expulsion for a lesser offence is justified where there has been previous misbehaviour by the Learner, or the circumstances of the case otherwise justify such action. These rules are contained in the Code of Conduct. By signing this contract, you acknowledge that you read and understood the Code of Conduct. You agree to comply with all the terms contained therein.

Code of Conduct

Important note:
You are participating in an online school, kindly note that you will not be getting the same type of service as at a conventional brick-and-mortar school. At Wingu Academy you are the agent of your own academic success and we are here to support you through your journey.

At Wingu we do not have teachers – we have coaches. We don’t have tutors – we have mentors.

The purpose of Wingu Online Courses

To guide you through the curriculum by making things easier for you to enjoy the work, engage with the subject content and understand the concepts.
The online courses are to supplement the prescribed textbook and are not designed to replace the textbook or other prescribed materials.
The online courses provide the student with resources and guidance that have been developed by teams of content experts and learning support experts to enrich your learning experience.
The courses are not designed to replace your own study time, and will by no means be sufficient to pass the IGCSE exams without your own learning efforts.

Rules for students

Students are expected to enjoy the virtual classroom environment.
Students must act as role models for other students, and their parents/guardians in respecting the learning environment.
Students must complete the courses and assessments with diligence and ask for help when they are stuck.
Wingu staff are here to support you – please be sure to ask them for help.
Students may under no circumstances be rude, disruptive or disrespectful to any Learning Coach or Mentor or other learners at Wingu Academy. Any breach of this, will result in dismissal from the Academy.

The student’s commitment

During my online learning sessions, I undertake to do my best to:

Share information with others.
Engage in meaningful discussions with others by preparing for the specific session.
Complete all the recommended learning activities and assessments within the prescribed times.
Maintain a regular presence at Wingo Academy of an average of 3-4 hours per day.
Pose at least one question or comment in the appropriate space when I visit the learning space.
Respect the Academy’s code of conduct which, (among other things) encourages the use of appropriate language, courtesy and respect for others.
Acknowledge and accept that I am an online distance learner, there is no-one to “teach me” the way teachers do in conventional schools.

Rules for parents

The parent/legal guardian’s main role is to create a positive learning environment for their child(ren).
Parents are not allowed to participate in virtual classes. Parents/students will immediately be removed from the meetings if parents are participating. Parents are permitted to observe but may never interrupt or interfere with a class.
Parents are to promote the authority and image of the learning support team, (coaches and mentors) – these are learning agents of Wingu Academy with the sole purpose of helping students learn and progress. Be respectful of the team that helps your children.
Any concerns that parents have are to be directed to academy administration at
info@wingu-academy.com . Parents are NOT to direct any concerns to learning coaches or mentors.
Disruption of the virtual classroom or the experience of other students, Wingu Academy staff or other parents will lead to immediate dismissal of the student and parent from the academy.

The parent’s commitment

During my child/student’s online learning sessions, I undertake to:

Create and promote a positive online learning environment at all times.
Only observe and not interrupt or interfere during lessons.
Create positive encouragement for students and the Learning Support team.

Rules for Wingu Academy Learning Support Team

Students and the positive learning environment are the first priority.
You must at all times act respectfully towards students, parents and other Wingu Academy staff.
You may not engage with parents during virtual classes – parent and/or student must be removed from the virtual class in the event that the parent engages – parents are to direct any concerns to info@wingu-academy.com.
You must be prepared, professional and a role model for all students, parents and other Wingu Academy staff.

The Wingu Learning Support Team’s commitment

During learning sessions, I undertake to do my best to:

Nurture your independent and group learning skills.
Create and maintain a friendly learning environment.
Respond to your questions within 24 hours.
Respect the confidentiality of any personal information.
Conduct assessment without fear or favour.
Provide feedback to the school chairman and subject head on the student’s progress and participation in order to implement timeous interventions for improvement of learning support and continuous assessment.

Online Conduct

The following applies to any online activities that you or anyone on your behalf undertakes.

Wingu Academy values your support and we will not share any of your personal information with third parties. You may not use or gather any of our other user’s personal information for any reasons either. We use the same definition of Personal Information as determined by the Protection of Personal Information Act (POPI). Please see the Act for more information on how Personal Information is protected and what is regarded as criminal offences when using such information.

https://www.justice.gov.za/inforeg/docs/InfoRegSA-POPIA-act2013-004.pdf

We use a team of content experts to develop the best possible resources for your use in the courses you enroll for. It took many hours to develop this content and it therefore belongs to Wingu Academy. You may not copy, recreate, change or alter any information contained in the Wingu Academy website. You may not access or attempt to access any information that you do not have access to for whatever reason. You may not contravene any of the restrictions in the Cybercrimes and Cybersecurity Bill. Please view the Act at the link below:

https://www.justice.gov.za/legislation/bills/CyberCrimesBill2017.pdf

The Wingu Academy team wants to provide you with the best service possible that is customized to your specific needs and for this reason you must provide all the correct information. You may not impersonate another person or provide any other person with your log-in details so that they can create the impression that it is you. You may not engage in or attempt to engage in any activities that disrupt or interfere with the security of the Wingu Academy website or servers.

Included in the courses are a number of quizzes and assignments designed to test whether you understand the content that we provide. These quizzes and assignments are designed to help you determine if you should spend more time on a topic. For this reason you may not use any external source to complete them since that would create a false sense of achievement and this may result in your not being able to pass the Cambridge International exams. These external sources include using the internet, textbooks, other people’s knowledge or any other source of information that is not your own knowledge of a topic.

We use many third party links in our course content to expose you to different views and explanations on a topic. We link you to these author’s websites and videos as it is not our own. We pride ourselves on our values of Integrity and we never create the impression that external resources are our own. You may also not copy any work from an external resource without giving the credit due to the authors. You may not plagiarise any work and if this is found to be the case, you will be expelled from Wingu Academy.

Limitation of Liability

Wingu Academy provides the site and all information and services contained in the site ‘as is’ and without any warranty, of any kind, that the services are fit for a particular purpose, that the site will operate uninterrupted and error free, that the site is free of harmful components or that the courses and content will meet your needs or expectations.

We further make no warranties that the content is accurate, complete, timely and free of errors although we strive to achieve this to the best of our abilities.

The use of this site and all the content and services that accompany it is completely at your Own Risk. The access and download of any materials or data on this site or those of third parties is at your own discretion and risk. Wingu Academy accepts no responsibility for any damage to your property arising from the use of our website and content in so far as it may not be disclaimed under the applicable law.

Wingu Academy, and its directors, instructors, tutors, employees, officers or service providers, makes no warranties or representations, express or implied, as to our website or any of the products, content, material or information contained therein. You expressly agree that the use of our website is at your own risk.

You hereby agree that Wingu Academy and all its representatives, will, to the maximum extent permitted by law, not be liable for any costs, claims or damages that may be suffered by you in the use of our, or that of any third party, website, services, content or material and agree to indemnify us in these regards.

Limitation of Liability and Indemnification

Wingu Academy acknowledges that it shall not be held liable for any loss of data, damage, or destruction to any property of any nature (including study material or online resources) utilized by the learner, unless such damage occurs due to the failure of Wingu Academy or its staff to exercise the degree of care, diligence, and skill that can reasonably be expected of a person responsible for managing property belonging to another person when handling, safeguarding, or using the property.

Unless expressly notified in writing to the contrary, the user consents to their child participating, under proper supervision, both in and outside Wingu Academy, in activities (including outings) which may entail some risk of physical injury to a learner traveling to and participating in activities and programs outside Wingu Academy. Subject to Wingu Academy taking reasonable care to avoid harm and save for any gross negligence on the part of Wingu Academy, its employees, or agents, Wingu Academy shall not be responsible for any loss or damage resulting from such activities or programs, and the user agrees to indemnify Wingu Academy against any and all claims in that regard.

The user accepts and agrees that the learner may appear in recordings of the classes if their camera is switched on during class. If the user does not consent to the learner appearing in these recordings, they must ensure that the learner does not have their cameras enabled. Wingu Academy shall not be held liable for recordings that are made if the user’s child(ren) do not switch off their cameras during classes. By enrolling in Wingu Academy, the user agrees that the learner may appear in such recordings, and Wingu Academy may reasonably use these recordings in marketing campaigns or for future educational use.

Wingu Academy shall not be liable for any failure or delay in performing their obligations under these Terms and Conditions to the extent such failure or delay is caused by an event beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages/failure of transportation, facilities, fuel, energy, labor, or materials (“Force Majeure Event”).

In the event of a Force Majeure Event, Wingu Academy shall give prompt written notice to the other party and shall use reasonable efforts to mitigate the impact of the Force Majeure Event. Wingu Academy’s performance under these Terms and Conditions shall be suspended for the duration of the Force Majeure Event, and they shall have an extension of time for performance equal to the duration of that period.

In the event that a Force Majeure Event occurs due to war, terrorism, pandemics, a grid failure or similar type of unpredictable events, Wingu Academy will make all reasonable efforts to continue providing services to the extent possible. The parties recognize that war, terrorism, pandemics or a grid failures are unpredictable events that may affect performance under these Terms and Conditions, and as such, the parties agree to work together in good faith to mitigate the impact of any such event. There will be no special provision or earlier termination of contracts outside the terms and conditions of existing contracts with the clients of Wingu Academy.

General

Wingu Academy grants you a limited, non-exclusive and non-transferable license to use the Wingu Academy website and the content and materials available therein. This license may not be resold or given to anyone other than the license holder.

Wingu Academy will communicate with you via email and it is your responsibility to ensure that all emails are received, read and understood by you. We take no responsibility for any missed communications due to an incorrect email address being supplied or the fact that your emails have not been checked regularly enough. Any emails sent from Wingu Academy will be accepted as adequate notice and communication.

It is in Wingu Academy’s sole discretion to terminate your account and restrict access to the website for any reasons we deem necessary. We will not be liable to you or any third parties for doing so, nor will we be liable to refund any payments you may have made. These restrictions will be made in extreme circumstances with due regard to all the applicable facts.

These terms and conditions are governed by the laws of the Republic of South Africa and you consent to the jurisdiction of the South Gauteng High Court if any disputes should arise.

Should any part of these terms and conditions be illegal or unenforceable, the remaining provisions shall remain in full effect.