These Terms & Conditions (these “Terms”) govern the provision of, and all applications and enrolments in, any programme offered through Africa Coffee Academy Limited’s online and its subsidiaries (together, the “Company”, “we”, “us” and “our”) and all other services provided by the Company (together, the “Services”) to any person (“you”).  These Terms may be revised, updated or replaced from time to time.

 

These Terms govern your use of all our websites, apps, and other products and Services. As some of our Services may include software that is installed on your device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Notice and Cookies Policy).

 

If you refuse to accept these Terms, you will not be able to join any Service or Programmes from our Site.

 

You should print a copy of these Terms or save them for future reference. We may amend these Terms from time to time. Every time you wish to use a Service, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any contract or agreement between us, are only in the English language.

 

Disclaimers

The Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. To the maximum extent permitted by applicable law, the Company specifically disclaims:

  • any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
  • any and all warranties arising out of course of dealing or usage of trade; and
  • any and all liability related to your access or use of the Services or any related content.

 

You acknowledge and agree that any access to or use of the Services or such content is at your own risk.

 

Nothing in these Terms shall, or shall be interpreted as an attempt to, exclude any liability for any: fraud or fraudulent misrepresentation; death or personal injury caused by negligence; or any matter for which it would be unlawful to exclude liability.

 

Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • your access to or use of or inability to access or use the Services;
  • any conduct or content of any party other than the applicable Company, including without limitation, any defamatory, offensive, or illegal conduct; or
  • unauthorized access, use, or alteration of your content or information. In no event shall the Company aggregate liability for all claims related to the Services exceed fifteen US dollars ($15) or the total amount of fees received by the Company from you for the use of paid Services during the past three months, whichever is greater.

 

You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and the Company, and that these limitations are an essential basis to the Company’s ability to make its Services available to you on an economically feasible basis.

 

You agree that any cause of action related to the Services must commence within three (3) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

Indemnification

You agree to hold the Company and its directors, officers, employees, agents, partners associated institutions and representatives harmless for any injury incurred through any use of, or the inability to use, any Services, including this web-site. This limitation of liability applies to (without limitation) direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorized director, officer, employee, agent, associates, partners or representative of the Company has been advised of the possibility of such damages.

 

Jurisdiction

These Terms and conditions are governed by the laws of the Republic of Uganda without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms and conditions shall be resolved exclusively in the state and federal court of the Republic of Uganda.

 

Data protection

We will process Your Data only in accordance with these Terms and our Privacy Notice.

 

Agreement

By accepting these Terms, you agree to be bound by the following regulations and publications which together form your contract with the Company:

  • Course/Programme Regulations: these are available from your Programme/Module Leaders and on the website.
  • Any other Company rule or regulation referred to in this Agreement or from time to time in force, as published.

 

Participation agreement

By accepting these Terms, you agree that:

  • You will notify Academic Affairs of any changes to the information which you have submitted on application or enrolment; for example, if you change your address;
  • You will participate fully in those activities which are described in each module as essential;
  • You will inform the Module Leader if circumstances oblige you to miss any of those essential activities and give details of the relevant circumstances to the Module Leader;
  • You wish to have your performance assessed according to the approved procedures;
  • You will observe and meet the deadlines and timetable prescribed for each module;
  • Failure to participate adequately in the essential activities may lead to termination of your enrolment on your programme of study. You may be invited to explain your failure to participate before termination on the programme occurs. Failure to engage in this process will be considered to be withdrawal.
  • You will follow all the rules and regulations of the programme or institution you are studying under.

 

E-Submission

The intellectual property in the assessments that you do will normally be owned by you (see Intellectual Property Rights Policy).

 

The Company may require you to submit certain pieces of work by way of E-Submission. The E-Submission system may use the Pesapal platform (or any other suitable platform or service), and work that you submit may be used by Pesapal (or such other platform or service as may be applicable) for the purpose of checking the originality both of your work and other students’ work. By agreeing to this terms and conditions you agree that your work may be used in this way.

 

By making the Student Declaration you agree that it may be used in this way, and additionally that:

 

The submitted work is your own;

 

The sources of information and material you have used in the preparation of your work, including those obtained online, have been fully identified and properly acknowledged (as stipulated by the relevant writing style employed in your programme of study);

If there is suspicion of unfair practice the Company reserves the right to follow due process and investigate in accordance to the regulations of the partner University.

 

Criminal convictions

By accepting these Terms you are confirming that you have no unspent criminal convictions (excluding motoring offences). If this is not the case you must notify the Company prior to enrolment so that the Company can consider whether such convictions are compatible with participating in the Company’s Services.

 

Fees and payment

It is your responsibility to make sure your tuition fees and other payments to the Company which relate to programmes you are studying, Services you are using, or accommodation are paid in full within the set deadlines.  By accepting these Terms, you are bound by the Company’s regulations on the payment of fees, and other expenses relating to the Services offered to you.  No refunds are made for any payments made.

 

When making any payment to the Company it is essential that you let us know what the payment relates to (for example tuition fees, application fees, etc.). This is to enable the Company to correctly allocate your payment against your various accounts. If you do not tell us what a particular payment relates to we will use reasonable efforts to contact you at the address, email address or telephone number you have provided to ascertain what the payment relates to. If we cannot contact you in this way within a reasonable period of time, we will automatically allocate your payment to the tuition fees.

 

Cancellation and refund policy

The purpose of this section is to provide guidance on when refunds of tuition fees will be made by the Company and how they will be calculated. This policy relates to the portion of the tuition fee that is paid directly by the student or by a private sponsor for studies relating to our online or blended learning programmes or short courses or other related Services.

As a general rule there are no refunds for any fees paid. Any refund of tuition fees and or reduction in tuition fees is at the sole and absolute discretion of the Company’s Finance Office. In all cases, any other debt owing to the Company will be subtracted from any refund of fees if applicable.

 

Termination of Agreement

Your rights under this Agreement will terminate automatically, subject to your rights of internal appeal and your obligation to pay Fees, if your studies with the Company are terminated as a result of:

  • action taken against you in accordance with the Company’s disciplinary or fitness to practice procedures;
  • a decision of an assessment board, based on your academic performance; and
  • you may cease use of our Services at any time.

Non-payment of fees, in accordance with the Company’s regulations on the payment of fees:

  • you are still required to pay the agreed fees even if you failed to participate in your programme of study, as defined in the participation agreement; and
  • if you are expelled or dismissed from the Company or other organization which you are required to attend or be a member of as part of your programme, the Company may terminate this Agreement immediately by written notice to you.

In addition, the Company may terminate this Agreement by written notice to you in the following circumstances:

  • if, between accepting an offer and starting your programme, there is a change in your circumstances which, in the reasonable opinion of the Company, makes it inappropriate for you to study on your programme;
  • if the Company becomes aware of information about you which it did not know before (for example, unspent criminal convictions) which, in the reasonable opinion of the Company, makes it inappropriate for you to study on your programme; or
  • if, in the reasonable opinion of the Company, you have failed to provide the Company with all relevant information, or have supplied false or misleading information, relating to your application for your programme.

 

Requirements on termination of this Agreement

If at any time this Agreement terminates:

  • the Company shall be entitled to refuse to enrol you in the relevant Services (if, at the date of termination, you have not already enrolled);
  • the Company shall be entitled to require you to stop studying on your programme and to leave the Company immediately (if, at the date of termination, you have enrolled); and
  • the Company may hold your data following local regulations, laws or legislation.

 

If at any time this Agreement terminates, your obligations are:

  • to promptly pay any outstanding fees and other sums owed to the Company;
  • to return to Academic Affairs all property owned by the Company; and
  • to pay all outstanding fees immediately.

 

Any action taken by the Company under the above provisions will not restrict its ability to take any other action against you which it may be entitled to take. The Company will not be liable for any loss or damage which you may suffer as a result.

 

Notices

Any notice given under this Agreement shall be in writing. Letters will be addressed to you by email or other electronic means or by post or courier to your home address as appropriate, at the last address you gave to Academic Affairs. Student Support must be kept updated by you at all times. Letters shall be deemed to have been properly served when delivered by hand to that address, or 48 hours after being posted to that address if sent by pre-paid first class post or if sent by email or other electronic means. Good service may also be given by email to the last email address you gave to Academic Affairs in which case service shall be deemed effective 48 hours after sending. It is your responsibility to ensure that you inform Academic Affairs of any change in address, telephone and email details.

 

Student declaration

I declare that the information given by me is correct and that I have no unspent criminal convictions (excluding motoring offences). I undertake to pay all fees and miscellaneous expenses relating to my programme/short course/ module of study and promise to pay in accordance with the terms and conditions of payment. I understand that amounts paid and/or payable by me will be checked by the Company and I undertake to pay any shortfall within fourteen (14) days of demand by the Company. I understand that all amounts paid are not refundable.

 

I acknowledge that the Company is entitled to refuse to enrol me if I am indebted to it. I agree to be bound by the Conditions of Entry and Company Regulations for Students and programme/module regulations. I agree that it is my responsibility to ensure that I am familiar with conditions of entry, the handbooks and all applicable regulations and to become acquainted with them. I shall be bound by the Participation Agreement and the other notices.