By choosing to apply to enrol a Learner at Teneo, each Parent acting on behalf of a minor Learner, and each major Learner, binds themselves to these terms and conditions (these Terms) in favour of Teneo, and which, if accepted by Teneo by enrolling the Learner, will form part of the agreement between Teneo and the Parent and Learner. Parents acting on behalf of a minor Learner undertake to ensure compliance by the relevant Learner with the parts of the Terms that apply to Learners and, where such Parent is not the person responsible for payment (PRFP), undertakes to ensure compliance with all relevant provisions of the Terms by that PRFP. Major Learners undertake to ensure compliance by their Parents, to the extent relevant, with the parts of the Terms that apply to Parents and, where such Learner is not the PRFP, undertakes to ensure compliance with all relevant provisions of the Terms by that PRFP.

1. Definitions

1.1. “Teneo” means Teneo Education (Pty) Ltd a private company with registration number: 2017/057323/07.

1.2. “Codes of Conduct” means the Code of Conduct for Learners and the Code of Conduct for Parents or, as the context requires, either of them.1.3. “Code of Conduct for Learners” means the code of conduct for Learners set out in clause 10.

1.4. “Code of Conduct for Parents” means the code of conduct for Parents set out in clause 12.

1.5. “Disciplinary Committee” means the disciplinary committee set up by Teneo in order to preside over any dispute relating to any breach or alleged breach of the Codes of Conduct.

1.6. “Educator” means any individual educator in the employ of Teneo.

1.7. “IEB” means the Independent Examinations Board, or any successor Umalusi-accredited organisation determined by Teneo that administers educational assessments.

1.8. “Marketplace” means Teneo’s “Marketplace” online platform, on which Marketplace Service Providers may advertise and solicit for business in connection with extra-curricular and extramural activities, goods and services, including tutoring.

1.9. “Onboarded” means, with respect to a Learner, that the process by which a Learner is registered with Teneo and is loaded onto the Teneo learning management system has been completed.

1.10. “Parent” means each of a Learner’s parents and/or legal guardian/s.

1.11. “PRFP” means the person whose details are, upon application for enrolment, entered online as the “person responsible for payment”. Where the Parent is not the PRFP, the Parent will remain liable for the payment of any amounts that the PRFP fails to pay in accordance with these Terms.

1.12. “SACAI” means the South African Comprehensive Assessment Institute, or any successor Umalusi-accredited organisation determined by Teneo that administers educational assessments.

1.13. “Marketplace Service Provider” means a person or entity that has contracted with Teneo to be allowed to advertise and solicit business on Marketplace.

1.14. “Learner” means any Learner who has been Onboarded with Teneo. 2. Teneo School

Teneo is a company based in South Africa operating as a virtual school in the education sector. Courses offered may vary from time to time but may include South African Grades R to 12 to National Senior Certificate, as well as international years 8 and 9, GCSE, AS and A level equivalent to those in the United Kingdom.3. Application and

Enrolment

3.1. Application for enrolment of a minor Learner at Teneo may only be made by their Parent (which includes a legal guardian), acting on their behalf. A major Learner may enrol themselves. No other person may act on behalf of a Learner seeking enrolment. Should any Learner be unable to comply with these requirements for any reason, this must be declared to Teneo in writing together with their application, and Teneo reserves the right to consider each such case in its discretion.

3.2. The making of an application does not guarantee enrolment. Teneo will exercise its discretion in this regard having regard to the best interests of the school and the Learner body. In particular, where a Parent/PRFP/Learner (current or prospective) has in the past breached, or does or has indicated an intention or propensity to breach, any of the Codes of Conduct or Teneo policies, an application may be declined.

4. Fees and payment

4.1. A non-refundable registration fee is payable per Learner together with the first monthly, termly or annual once-off school fee payment for that Learner as required under clause 4.2.

4.2. School fees are payable in advance in the amounts quoted by Teneo from time to time for the relevant Grade, format and school year. Parents may pay in advance on an:

4.2.1. annual basis – 1 payment, to be received by the end of March of the applicable year;

4.2.2. termly basis – 4 instalments, to be received before the first day of the calendar month in which the term starts; or

4.2.3. monthly basis – 12 instalments, to be received before the first day of each month for which payment is due.

4.3. A 5% discount on the school fees will apply where:

4.3.1. payment of the full annual fee (less the discount) is received before the end of March in the applicable year; or

4.3.2. fees are payable in respect of a Learner who is a sibling of another Learner already at Teneo. Where two or more siblings are enrolled with Teneo, the sibling discount will be applied only to the school fees of the second and any subsequent siblings enrolled.

Discounts are applied per Learner and to the gross fee (not any previously discounted fee) in respect of that Learner.

4.4. All payments must be made in South African Rands without deduction or set off.

4.5. Payment is to be made via the online payment system on Teneo’s website, which is an approved payment gateway for South African Acquiring Banks. The payment gateway uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit or debit card details are stored on the website.

4.6. Payment may be made by card and EFT. Other payment mechanisms may also be available from time to time. Where the PRFP has chosen to pay by EFT but the payment does not, for any reason, go through, Teneo reserves the right to complete the payment using credit or debit card details which have been provided by the PRFP to Teneo, if any. Customer details will be stored by Teneo separately from credit or debit card details which are entered by the PRFP on the payment gateway.

4.7. Where a Learner is enrolled at Teneo at any time during a calendar month (regardless of the enrolment start date), the full school fees in respect of that month (including January) will be payable.

4.8. Should any refund become payable under these Terms, that refund will in the first instance be provided by way of a credit against future fees. Where payment is made with a credit or debit card not issued by a South African institution, there may be South African Exchange Control implications. Certain processing fees may be payable in respect of such transactions, and there may be delays with respect to any cash refund that may become payable, as well as refund amount differentials caused by exchange rate fluctuations between processing and settlement.

4.9. If a fee payment instalment plan is offered and chosen, Teneo will invoice the PRFP for the applicable amounts. A failure to provide such an invoice does not, however, excuse the PRFP from the obligation to make the relevant payments when due.

4.10. All payments made must reflect the correct reference (which will usually be the TFC number or invoice number, if applicable). Failure to do so may result in the payment not being captured to the correct account and the payment may be treated as having not been made, which may result in the suspension or termination of the Learner’s enrolment.

4.11. If an instalment plan is offered and chosen and any instalment is not paid on or before the due date, Teneo reserves the right to charge interest at the prescribed rate on any overdue payments, from the due date to the date of payment, together with a late payment fee and, if applicable, collection costs. For so long as any fees are overdue, Teneo also reserves the right, in its sole discretion, to suspend the relevant Learner’s (and/or the PRFP’s) ability to login to the Learning Management System. If a Learner’s enrolment is suspended for lack of payment, readmission to the Learning Management System is at Teneo’s discretion, but will not be allowed unless all fees then outstanding are made in full.

4.12. While any amounts are due and payable but unpaid, Teneo reserves the right to not allow the Learner to sit any exams and/or assessments.

4.13. South African curriculum - Grade 12 Learners - Matric National Senior Certificate: IEB and/or SACAI (whichever external Examination Body is applicable to the Learner’s chosen course) charge certain non-refundable fees (which may include but are not limited to examination and/or registration fees, subject fees, venue fees and certificate courier fees) which are dependent on the grade of the relevant Learner, how many subjects are being taken and other factors. For information on fees charged by the SACAI or IEB applicable to Grade 12 Learners, please see the Teneo website, download a Prospectus and/or see the Teneo family portal. The PRFP shall be responsible for any and all fees charged by the IEB and/or SACAI and these fees must be paid to Teneo by 31 March in order for Teneo to register the Learner in time with the relevant Examination Board for that academic year. Depending on the ultimate examination venue costs, there may be an additional amount payable to Teneo later in the school year to complete registration for examinations. Any required examination board concessions for a Learner will incur additional concession and administration fees. Any other costs incurred by Learners with respect to examinations, such as transport to the examination venue or accommodation if required, must be met by the Learners directly. Late payments may incur additional administration penalties.

4.14. South African Curriculum - Grade 10 and 11 Learners: SACAI currently charges a nominal fee in respect of Grade 10 and 11 Learners, for which the PRFP is responsible.

4.15. International curriculum – International GCSE and AS Learners: the international Examination Body (currently Pearson Edexel) charges certain non-refundable fees (which may include but are not limited to examination and/or registration fees, subject fees, venue fees and certificate courier fees) which are dependent on the grade of the relevant Learner, how many subjects are being taken and other factors. For information on fees charged by the international Examination Body applicable to International GCSE and AS Learners, please see the Teneo website and/or the Teneo family portal. The PRFP shall be responsible for any and all fees charged by the international Examination Body and these fees must be paid to Teneo by the relevant cut off time in order for Teneo to register the Learner in time with the relevant Examination Board for that academic year. Depending on foreign currency fluctuations and the ultimate examination venue costs, there may be an additional amount payable to Teneo later in the school year to complete registration for examinations. Any required examination board concessions for a Learner will incur additional concession and administration fees. Any other costs incurred by Learners with respect to examinations, such as transport to the examination venue or accommodation if required, must be met by the Learners directly. Late payments may incur additional administration penalties.

4.16. Teneo will not register a Learner with any applicable Examination Body, or facilitate any other interaction, unless all fee and other payments to Teneo, including all payments required to that Examination Body, are fully up to date. Should a Learner not be registered with an Examination Body by the applicable deadline as a result of late payment, whether of fees due to that Examination Body or any other amount owing to Teneo, the Learner will be unable to participate in the examinations for that academic year. Making sure that all necessary payments are up to date is the responsibility of the Parents, PRFP and Learner, and Teneo has no liability for, and the Parents, PRFP and Learner indemnify Teneo against, any and all costs, liabilities or damages of any nature that may arise.

4.17. Where a Learner’s performance with respect to any assessment results in any additional costs associated with any accommodation or concession with respect to that assessment, all such costs, including additional fees, invigilator costs, venue costs and/or costs of any special equipment, are for the account of the PFRP.

4.18. The PRFP will be responsible for any banking or processing fees incurred as a result of any payments failing or being reversed as a result of insufficient funds or any other reason.

4.19. The costs of any necessary textbooks, computer equipment, internet connectivity, backup power systems and/or stationery requirements are for the sole account of the PRFP.

4.20. Teneo shall be entitled to appropriate any payment received on a Learner’s account to pay any outstanding fees and/or costs or other amount owing in respect of the relevant Learner and/or any sibling of the Learner, and Teneo’s appropriation shall override any appropriation made by the payor or PRFP.

5. School Format Changes and Promotional Offers

5.1. During the first term in which a Learner is enrolled, Parents may request that the Learner’s school format be changed for the remainder of the school year by submitting the required form. If the form is submitted before the applicable cut-off date in a month, the school format change will take effect in the same month or in a subsequent month (depending on the nature of the change), or if submitted after the applicable cut-off date, the school format change will take effect in the following or a subsequent month (depending on the nature of the change).

5.2. To the extent that any offers, discounts or special treatment may, for promotional or other reasons, be offered or provided at any time to or in respect of any group of Parents, PRFPs or Learners or any prospective Parents, PRFPs or Learners, Teneo will not be obliged to offer or provide the same offer, discount or treatment to any other existing Parent, PRFP or Learner or group of them.

6. Changes to Teneo’s Offerings, Policies, Terms

6.1. Teneo reserves the right to change its various offerings (including but not limited to formats and subjects) and pricing from year to year. Teneo does not guarantee that any particular offering previously made available will continue to be available, or available in the same format.

6.2. Teneo has a number of policies in place to regulate many aspects of the conduct of Learners, Parents and Educators, and diverse aspects of the educational environment and related issues. These policies may change from time to time, with changed policies being made available electronically. Learners, Parents and PRFPs are required to keep themselves abreast of such changes and to comply with all such policies in force from time to time.

6.3. In addition to the above, Teneo reserves the right to amend the fees payable, payment terms and any other aspect of these Terms from time to time. Should Teneo exercise this right, the updated Terms will be binding from the date on which they are made available on the Teneo website. In particular, fees payable with respect to Learners who enrol during the course of a term or a year may be determined having regard to Teneo’s late enrolment policies from time to time, which will be available on Teneo’s website. Teneo also reserves the right, on notice to a Parent/PRFP to charge, or pass on, fees for payment processing and administration. It is the responsibility of the Parent/PRFP to ensure that they are familiar with the up-to-date Terms as they apply at any given time.

7. Minimum Computer Equipment and Connection Requirements

Teneo will publish on its website from time to time the minimum specifications of the computer equipment, operating system, internet connection and other requirements for class attendance, assessments and proctoring. All Learners must have access to equipment, software and an internet connection (including backup electrical supply) which at least meets the minimum specifications set by Teneo from time to time. Teneo will have no liability for, and the Parents, PRFP and Learner indemnify Teneo against, any and all costs, liabilities or damages of any nature that may arise in connection with a failure to comply with such minimum requirements or to have any back up electrical supply.

8. Privacy and Data Protection

8.1. Teneo will receive and hold Learners’ and Parents’ personal information, as well as payment-related information for Parents or other PRFPs. Parents and Learners are hereby informed that:

8.1.1. all lessons provided by Teneo are recorded, so that such recordings are available to all Learners, current and future, for online study and revision purposes;

8.1.2. Learners participating in online classroom/lecture/presentation contexts are required to have their cameras switched on and be visible to the teacher/facilitator at all times in order to facilitate teaching and Learners’ engagement in each lesson and with lesson content; should any Learner or Parent object to this, the relevant form must be submitted to Teneo based on one or more permissible exceptions for Teneo to consider and, if appropriate, approve on a case by case basis;

8.1.3. Learners will be recorded participating in classroom/lecture/presentation contexts, whether in person or online (including chat) as part of the recording of lessons provided by Teneo: while the primary focus of the recordings is the presentation of the lesson by the teacher/facilitator, Learners may be identifiable from such recordings;

8.1.4. the recordings may be stored or accessed outside of South Africa and, as such, personal information of Learners may be transferred outside of the borders of South Africa;

8.1.5. the recordings will be available on Teneo’s online academic platform, will be accessible to all those who have access to that platform from time to time;

8.1.6. recordings, or parts of them, may be used by or on behalf of Teneo for marketing, promotional, educational, academic development and/or training purposes at any time; and

8.1.7. the collection and processing of personal information in relation to lesson recordings is mandatory, because the recordings of lessons, and storing and using them as contemplated in these Terms, are all integral parts of the operation of Teneo as an online school, and accordingly no Learner can be enrolled at Teneo if they or their Parent do not give consent as set out in these Terms. Should a Learner or their Parent wish to withdraw any such consent, they would have to leave Teneo in accordance with these Terms. Note that any withdrawal of consent will only be relevant with respect to prospective collection of personal information; any personal information previously collected will continue to be processed as it was before any withdrawal, as it is not practically possible to distinguish and refrain from processing individual Learner information.

8.2. All Parents (and prospective Parents) and PRFPs, on their own behalf and on behalf of their Learner (and/or prospective Learner) children, and all major Learners and prospective Learners, hereby give express permission for Teneo to receive and process all personal information obtained by Teneo for the purposes of facilitating such Learner’s education through Teneo, all payments made or to be made, and any administrative requirements in connection with that education or the relationship contemplated in the agreement of which these Terms form part. In addition, all Parents (and prospective Parents), on their own behalf and on behalf of their Learner (and/or prospective Learner) children, and all major Learners and prospective Learners, hereby give express permission for Teneo to process all personal information obtained by Teneo through recordings as contemplated in clause 8.1 above (whether obtained before or after the conclusion of the agreement of which these Terms form part), for the purposes of facilitating and/or furthering the education of those and other Learners, present and future, through Teneo, including by making such recordings available online on Teneo’s platform, and for use by or on behalf of Teneo for marketing promotional, educational, academic development and/or training purposes, both current and future.

8.3. All such information will be processed in accordance with the provisions of the Protection of Personal Information Act, No. 4 of 2013 (the “Act”) and used exclusively for the purpose for which the personal information is furnished to Teneo, including as set out above. No such personal information will be forwarded to a third party without the permission of the relevant person or, in the case of a minor Learner, that Learner’s Parent, unless doing so is permitted by the Act and is in accordance with the purpose for which the information was furnished.

9. Termination

9.1. A Learner may terminate their enrolment at Teneo by the submission of a Termination of Enrolment form (available from Teneo). If the Termination of Enrolment form is submitted by the cut-off date within any calendar month, termination of that Learner’s enrolment will take effect on the month end specified in the Termination of Enrolment form. If the form is submitted after the applicable cut-off date in a calendar month, the earliest date for termination is the end of the next calendar month. Payment must be made in full for the period until the termination of enrolment takes effect.

9.2. Where a Learner’s enrolment is terminated under clause 9.1 and payment has already been made in respect of any period beyond the date on which the termination is effective, that portion of the payment made will be refunded (subject to clause 4.8 and after deduction, if applicable, of any discount that was allowed in respect of fees, any outstanding fees and other amounts that may be owing at the applicable time by or in respect of that Learner and less any applicable administration fees). Where payment was made by credit or debit card, any refund can only be processed on the same card.

9.3. Teneo may cancel the agreement in respect of a particular Learner on notice in writing to the Parent or major Learner if:

9.3.1. any fees owing to Teneo are overdue;

9.3.2. the Learner appears before a Disciplinary Committee and that Disciplinary Committee determines that the Learner should be expelled from Teneo; or

9.3.3. the Parent or the relevant Learner commits any other material breach of these Terms or any Teneo policy in force at the relevant time.

9.4. Should the agreement of which these Terms form part be terminated, whether by the Parent, major Learner or by Teneo, any fees and/or costs owing by the Parent/PRFP/Learner, including any administration fee and/or Learner-specific costs contemplated in clause 9.1, shall remain due and payable until fully paid, and may be deducted from any refund which may be due in respect of that Learner or PRFP or, where no refund is due or the refund is insufficient to cover the amount owing, may be charged by Teneo to any credit or debit card, the details which have been provided by the PRFP to Teneo.

10. Code of Conduct for Learners

The following is the basic Code of Conduct for Learners, which may be expanded upon in individual policies, procedures or rules in place from time to time. Compliance by Learners with all of Teneo’s prevailing policies, procedures and rules is required at all times, details of which are available on the relevant Teneo website or learning management system. Learners will be required to sign an undertaking to adhere to this Code each year.

10.1. All Learners should always act with integrity and courtesy.

10.2. All Learners should demonstrate honest and ethical behaviour.

10.3. All Learners should strive for academic excellence and take pride in their work.

10.4. All Learners should respect the Teneo environment, the Teneo staff members as well as all other Learners and the Parents.

10.5. All Learners must comply with all the Teneo policies in force from time to time, including the Social Media and Online Community Policy, Academic Integrity Policy and the Unauthorised Access to Online Platforms Policy set out in these Terms.

10.6. Learners may not bring Teneo into disrepute.

10.7. Learners may not, in the context of Teneo, Parents, Learners, Educators, Teneo employees and/or the school environment generally, discriminate against any person on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.

10.8. Learners may not in the context of Teneo, Parents, Learners, Educators, Teneo employees and/or the school environment generally, engage in disruptive or age-inappropriate behaviour or use profane or inappropriate language.

11. Social Media and Online Community Policy

The following is Teneo’s basic Social Media and Online Community Policy, which may be expanded upon in individual policies, procedures or rules in place from time to time. Compliance by Learners with all of Teneo’s prevailing policies, procedures or rules is required at all times, details of which are available on the relevant Teneo website or learning management system.

11.1. No Learner or Parent may, in the context of Teneo, Parents, Learners, Educators, Teneo employees and/or the school environment generally, post any content of any kind or make any statement or comment on any social media or other platform that:

11.1.1. discriminates against or disparages any individual on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth;

11.1.2. constitutes or may constitute cyber-bullying in any form;

11.1.3. contains personal information of any other person which may identify them or lead to them being identified;

11.1.4. constitutes or may constitute hate speech;

11.1.5. is in a language other than English and cannot be translated by a free online translator such as Google Translate; and/or

11.1.6. contains advertising or solicitations or links to any site or group which is not affiliated with Teneo.

11.2. Teneo reserves the right to remove any content, including any comments, posted on its systems (or any other platform in respect of which it has administrator rights) that would breach any aspect of any Code of Conduct or these Terms, and/or is factually erroneous or potentially defamatory or hurtful to any Learner, Educator, Parent or other person associated with Teneo, or is unrelated to schooling, education or the school experience.

11.3. Teneo also reserves the right to suspend or block access to any social media platform it controls to any person who does not comply with the Codes of Conduct or these Terms. Teneo is not, however, responsible for any information or content provided on, comments made or messages, images or clips sent through, any messaging group on any platform that is not controlled by Teneo, or for any information, content, comments, messages, clips or images not posted by Teneo.

11.4. Lessons or other interactions between Learners which take place on Teneo’s online platforms or under Teneo’s auspices may not be recorded, republished or distributed by any Learner or Parent in any format.

12. Code of Conduct for Parents

The following is the basic Code of Conduct for Parents, which may be expanded upon in individual policies or rules in place from time to time. Compliance by Parents with all of Teneo’s relevant prevailing policies and procedures is required at all times, details of which are available on the relevant Teneo parent/guardian portal. Parents will be required to sign an undertaking to adhere to this Code each year.

12.1. It is recorded that, as Learners remain at home, they are never under the physical supervision of Teneo or any of its employees. As such, Teneo is never in loco parentis with respect to any Learner, and the responsibilities of Parents remain those set out in the Policy on Home Education published by the Minister of Basic Education, in terms of the National Education Policy Act, 1996, which include assuming responsibility for the education of a Learner learning from home and guiding, assisting, managing and supporting that Learner’s home education.

12.2. All Parents should always act with integrity and courtesy.

12.3. All Parents should demonstrate honest and ethical behaviour.

12.4. All Parents should respect the Teneo environment, the Teneo staff members as well as the Learners and other Parents, and may not act in an abusive and/or threatening manner towards any Teneo staff member, Learner or other Parent.

12.5. All Parents must comply with and respect all the Teneo policies.

12.6. Parents may not bring Teneo into disrepute.

12.7. Parent may not, in the context of Teneo, Parents, Learners, Educators, Teneo employees and/or the school environment generally, discriminate against any person on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.

12.8. Parents acknowledge that where Teneo becomes aware of any threat, neglect or abuse with respect to a Learner, whether mental or physical, this will be dealt with in accordance with Teneo’s policies from time to time, which may require notification to the Parent and/or to the relevant authorities.

13. Academic Integrity Policy

The following is Teneo’s basic Academic Integrity Policy, which may be expanded upon in individual policies, procedures and rules in place from time to time. Compliance by Learners with all of Teneo’s prevailing policies, procedures and rules is required at all times, details of which are available on the relevant Teneo website or learning management system.

13.1. Learners must comply with all rules applicable to examinations or assessments which are disseminated by Teneo, IEB, SACAI or any other applicable examining body or authority from time to time, but are in any event are not allowed to communicate with one another in any manner or form for the full duration of any examination or assessment.

13.2. Learners may not plagiarise the work of any third party. Plagiarism is a form of academic dishonesty whereby a Learner intentionally takes and/or passes off and/or uses the work (published or otherwise), thoughts, and ideas of another as their own work, without acknowledging that the relevant work, thoughts and/or ideas are those of another. This applies whether such work, thoughts, and ideas are used verbatim or paraphrased.

13.3. Learners may not cheat or assist anyone else to cheat. Cheating is defined as any intentional act of dishonesty in order to gain an unfair advantage.

13.4. Learners may not participate in academic misrepresentation. Academic misrepresentation is the intentional fabrication or false presentation of data, quotations, sources, or other information in the context of the Learner’s schooling.

14. Assessments

14.1. Teneo will issue rules and policies with respect to assessments from time to time in order to ensure the integrity of the assessment process. In particular, a distinction will be drawn between timed assessments, which must, except in exceptional circumstances to be determined from time to time by Teneo, be written at the scheduled time, and untimed assessments. Untimed formal assessment tasks which have a specified future due date (but are not timed assessments) e.g. projects, assignments, practical tasks and orals, may not be excused and can only be attempted once. Assessment accommodations and concessions, as well as the impact of interrupted electrical supply on timed assessments, will be dealt with in the applicable policy.

14.2. Each examination board has its own requirements for registering Learners for the external examinations which result in a formal qualification. The examination regulations for each examination board are shared with the Learners upon registration, and Learners will be required to conform to all external examination related requirements and procedures, which are managed solely by the relevant examination board.

15. Communications and Social Media Messaging Groups

15.1. Official communications from Teneo will be by email or through Teneo’s website or its various official messaging applications and/or platforms, which may vary from time to time. A communication sent via email, whatsapp, any official Teneo application and/or via the learning platform is deemed to have been received by the Parent/PRFP and Learner when sent by Teneo, including for academic and other time sensitive communications. It is the responsibility of the Parent/PRFP/Learner to ensure that they enable all official Teneo communication platforms and applications on their devices, and monitor all such channels to ensure timely receipt of communications. It is the responsibility of the Parents and PRFP to monitor all email addresses provided to Teneo – Teneo may use any email address provided by Parents and/or the PRFP for communication purposes, irrespective of the nature and content of the communication.

15.2. Messaging applications and/or platforms may be used to provide information or make arrangements, including by teachers or chatbots (which may be enabled by artificial intelligence): information disseminated through these applications and/or platforms does not bind Teneo in law. In engaging with Teneo through any of its customer relations channels, a Parent/PRFP/Learner is deemed to accept that Teneo cannot be held liable for information disseminated which is not consistent with these Terms and Teneo’s policies and/or is not disseminated by a duly authorised employee of Teneo through an official platform.

15.3. For convenience, Teneo disseminates information through Facebook, and may choose to do so through other social media platforms. Teneo adheres to Facebook’s Statement of Rights and Responsibilities and expects all Facebook users to do the same. This also includes interactions on any other social media channel where Teneo has a presence. Teneo is not, however, responsible for any information or content provided on, comments made or messages, images or clips sent through, any messaging group on any platform that is not controlled by Teneo, or for any information, content, comments, messages, clips or images not posted by Teneo.

15.4. Teneo encourages Parental oversight of any social media groups that their child/ren may be part of in the context of Teneo, Parents, Learners, Educators, Teneo employees and/or the school environment generally. Where any undesirable content, messages or conduct occur, Teneo encourages Parents to report it to the platform concerned and to Teneo, but records that its ability to take action may be limited depending on the rights that Teneo has with respect to the relevant social media platform.

15.5. By binding themselves to these Terms, each Parent or prospective Parent consents (on its own behalf and that of the PRFP) to Teneo contacting them for marketing and related purposes. Each Parent or prospective Parent may withdraw such consent at any time via the appropriate link on Teneo’s website.

16. Teneo Marketplace

16.1. Learners will have access to the Marketplace, which has been established by Teneo to facilitate access by Learners to extra-curricular and extramural activities, including tutoring.

16.2. Teneo has agreements with each Marketplace Service Provider, but has not vetted or otherwise checked the credentials, operations, policies, staffing or any other aspect of any Marketplace Service Provider or their business. Allowing a person or entity to be a Marketplace Service Provider does not indicate or imply any endorsement by Teneo of any goods or services offered. Parents and Learners are to perform their own assessment of any goods or services offered by a Marketplace Service Provider before purchasing or otherwise making use of any such goods or services.

16.3. Use of the Marketplace, and/or the purchase, lease or other use of any goods or services offered by any Marketplace Service Provider is entirely at the risk of the Learner or other person doing so. Teneo has no liability for, and the Parents, PRFP and Learner indemnify Teneo against, any and all costs, liabilities and/or damages that may arise in connection with Marketplace and/or the purchase, lease or other use of any goods or services offered by any Marketplace Service Provider.

17. Unauthorised Access to Online Platforms Policy

17.1. No Learner may furnish any other person with their login details relating to Teneo, including their Learning Management Systems (e.g. Canvas, PowerSchool and Zoom) login details (these include any login details issued to a Learner, including a link issued or sent to a Learner, by Teneo for any relevant platform).

17.2. Should unauthorised access to Teneo’s Learning Management System or any related platform be granted to a third party by a Learner or through a Learner failing to take reasonable care with the relevant login details, the Learner will be liable for the actions of that third party utilising such access, which may result in that Learner’s expulsion.

18. Intellectual Property and Recordings

All intellectual property rights of any nature in the lessons and recordings of lessons provided by or on behalf of Teneo in any format belong solely to Teneo. No Learner, Parent or other person may record (whether audio or video and in any format), or facilitate the recording by any other person, of any lesson or other interaction between Learners and any teacher/facilitator. Recordings made by Teneo and made available by Teneo to Learners via Teneo’s online platforms or otherwise may not be shared, republished or otherwise distributed by any Learner or Parent.

19. Disciplinary Procedures

In case of a violation of any provision prescribed in the Code of Conduct for Learners, the disciplinary procedure set out below will be followed. The procedure set out below is a framework within which other relevant policies may also be relevant. The procedures set out are a guideline that may be altered where, as determined in Teneo’s sole discretion, the circumstances warrant doing so. The judgement of the seriousness of any infringement or alleged infringement will be determined in Teneo’s sole discretion having regard to the applicable circumstances.

19.1. Less Serious Misconduct

19.1.1. Where infringements are not considered serious, or do not require formal disciplinary action in the opinion of Teneo, such infringements can be dealt with on an informal basis.

19.1.2. Informal disciplinary procedures may include any of the following:a) counselling of the Learner;b) the issuing of a verbal warning to the Learner; orc) the issuing of a written warning to the Learner.

19.2. Serious Misconduct:

19.2.1. Where a Learner has, or is accused of having, committed any act or omission which would constitute serious misconduct, or is continuously guilty of less serious misconduct, formal disciplinary procedures may be implemented against the Learner at the discretion of Teneo.

19.2.2. Formal disciplinary procedures will entail a formal disciplinary hearing.

19.3. Disciplinary Hearings

19.3.1. The disciplinary hearing will be conducted by a Disciplinary Committee appointed by Teneo, under the direction of a chairperson.

19.3.2. The Disciplinary Committee shall consist of at least three persons without prior knowledge of the charges brought against the Learner. Teneo may appoint a specialist or independent third party to act as Chairperson during the disciplinary hearing of a Learner.

19.3.3. The Disciplinary Committee will keep a proper record of the disciplinary proceedings, which record can be in electronic form.

19.3.4. The Learner and their Parent/s will be issued with a written notice of disciplinary hearing incorporating a charge sheet. The notice will include the date, time and venue of the disciplinary hearing and the charge sheet must contain sufficient information on the date, place, and nature of the alleged misconduct to allow the Learner to answer the charge.

19.3.5. Should the disciplinary hearing take place on an electronic platform, the Learner and their Parents are required to ensure that they have access to the necessary equipment and data for purposes of attending the disciplinary hearing.

19.3.6. Evidence will not be shared between the parties prior to the disciplinary hearing.

19.3.7. At least five (5) school days must lapse between the delivery of the notice and the hearing.

19.3.8. Should the Learner be under the age of eighteen (18) years of age, they must be assisted during the disciplinary hearing by one of their Parents or another adult person of the Learner’s choice who is acceptable to their Parents.

19.3.9. Legal representation is not normally allowed at a disciplinary hearing. Should the Learner wish to be represented by a legal practitioner during the disciplinary proceedings, the Learner and their parents must apply in writing to the chairperson of the Disciplinary Committee, at least two (2) days before the disciplinary hearing, for legal representation to be allowed. This application must include reasons why legal representation is necessary under the circumstances. The decision of the chairperson as to whether or not to allow legal representation is final.

19.3.10. Should the Learner, or the Learner and their Parent or representative (as applicable), fail to attend the disciplinary hearing despite proper notification, the hearing may proceed in their absence.

19.3.11. During the disciplinary hearing, both Teneo and the Learner will be afforded the opportunity to present their case by calling witnesses, submitting documents, showing video material or any other relevant evidence.

19.3.12. Both Teneo and the Learner will be afforded the opportunity to cross-examine each other’s witnesses and scrutinise other evidence submitted during the disciplinary hearing.

19.3.13. Following the evidence presented by all parties, the Disciplinary Committee shall determine whether the Learner is guilty or not guilty of the alleged misconduct based on a balance of probabilities with reference to evidence presented. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling.

19.3.14. Should the Learner be found guilty, both the Learner and Teneo shall receive another opportunity to testify and/or make representations on mitigating and/or aggravating circumstances for consideration by the Disciplinary Committee in determination of an appropriate sanction. Depending on the circumstances, the Disciplinary Committee may adjourn for a reasonable time to consider its ruling herein.

19.3.15. If the Learner has been found guilty of serious misconduct, the Disciplinary Committee, after compliance with clause 19.3.14, may impose any reasonable sanction with reference to the seriousness of the misconduct and any other relevant information or circumstances, which may include, but is not limited to, the expulsion of the Learner from Teneo.

19.3.16. The final outcome and sanction (if any) must be communicated to the Learner and their Parents withing five (5) school days after the disciplinary hearing. The outcome and sanction determined by the Disciplinary Committee is final and no appeal will be allowed.

20. Credit Checks

The Parent/PRFP consents to and authorises Teneo to contact, request and obtain information at any time from any registered credit bureau in order to assess the creditworthiness of the PFRP. The Parent/PRFP further consents and authorises Teneo to provide information about the creditworthiness of the PRFP to any registered credit bureau or credit provider seeking a reference regarding the debtor’s dealings with Teneo.

21. Limitation of liability

Save in the case of Teneo’s wilful misconduct, (1) Teneo will not be liable to any Parent, Learner, PRFP or other person under any circumstances for any indirect, consequential, special or punitive damages arising from or in connection with the agreement of which these Terms form part, or Teneo’s relationship with such person or any affiliate or related person; and (2) Teneo’s aggregate liability to any Parent, Learner, PRFP or other person under or in connection with the agreement of which these Terms form part or Teneo’s relationship with such person or any affiliate or related person, shall not exceed the fees paid under or in connection with the agreement of which these Terms form part during the calendar year in which any such claim is made. Save as required by law, no action, regardless of form, arising from or pertaining to the agreement of which these Terms form part, or Teneo’s relationship with any Parent, Learner, PRFP or other person, may be brought against Teneo by a party more than one year after such action has accrued.

22. General

22.1. The agreement of which these Terms form part is governed by the laws of South Africa and Teneo chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature at Dock Road Junction, Corner of Stanley & Dock Road, Waterfront, Cape Town, 8001.

22.2. The parties acknowledge that without prejudice to any other rights or remedies that a party may have, each party acknowledges and agrees that damages alone may not be an adequate remedy for any breach of these Terms, and the other parties shall be entitled to seek an interdict for any threatened or actual breach of these Terms.

22.3. No indulgence granted by a party to any other party shall constitute a waiver of any of that party’s rights. Accordingly, that party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against any other party which may have arisen in the past or which may arise in the future.

22.4. These Terms, the enrolment form and other provisions on Teneo’s website contain all the express provisions agreed on by the parties with regard to the subject matter of their agreement and the parties waive the right to rely on any alleged express provision not herein contained.

22.5. Without derogating from Teneo’s rights under clause 6, no agreement varying, adding to, deleting from or cancelling the agreement of which these Terms form part, and no waiver of any right under this agreement, will be effective unless agreed to in writing by Teneo.