Terms and Conditions

Acceptance of Terms

These Terms and Conditions (“Terms”) govern access to and use of Cape Way’s website and services by any person who uses the website or engages Cape Way (“Client”, “Student”, “you” or “your”). By using the website or requesting assistance from Cape Way, you acknowledge that you have read, understood and agreed to these Terms.

Cape Way may amend these Terms from time to time. The updated version published on the website will apply from its stated effective date.

About Cape Way and Scope of Services

Cape Way provides guidance and advisory support to adult international students seeking education and living arrangements in South Africa. Services may include guidance concerning educational institutions, application pathways, accommodation options, living arrangements and airport-transfer arrangements.

Cape Way is an advisory and referral service. Cape Way does not itself operate or own the educational institutions or accommodation facilities to which it may refer students.

• Cape Way does not guarantee admission, acceptance, enrolment, accommodation, visa approval, immigration status, employment, academic success or any other particular outcome.
• Cape Way does not provide legal, immigration, financial, medical or academic professional advice unless expressly stated in writing and provided by a suitably qualified third party.
• Where immigration or visa assistance is required, Cape Way may refer a student to an independent attorney or other appropriately qualified professional. Any such professional service is subject to a separate relationship and agreement.

No Guarantee of Admission or Immigration Outcome

Admission decisions are made solely by the relevant educational institution. Visa, immigration and permit decisions are made by the competent authorities. Cape Way has no authority to influence or guarantee those decisions.

Information supplied by Cape Way about institutions, programmes, entry requirements, accommodation, costs or other matters may change. Students remain responsible for verifying current requirements directly with the relevant institution, provider or authority before making commitments.

Third-Party Providers and Referral Relationships

Cape Way may refer or introduce students to educational institutions, accommodation providers, transport providers, attorneys and other third parties. Cape Way may receive referral fees, commissions or other commercial benefits from partnered institutions or service providers.

The existence of a referral or commission arrangement does not constitute a guarantee or representation that a third party is suitable for a particular student. Students are responsible for reviewing and entering into any third-party agreement themselves.

• Cape Way is not responsible for the acts, omissions, representations, pricing, availability, quality, cancellation policies, delays, losses, misconduct, contractual performance or failure of any third-party provider.
• Any dispute relating to a third-party service should ordinarily be directed to the relevant provider, without prejudice to any rights the student may have against Cape Way under applicable law.

Accommodation

CapeWay does not own, manage or control accommodation properties merely because it refers a student to them. Students contract directly with accommodation providers and are responsible for reviewing the applicable lease, house rules, deposits, cancellation terms and other conditions before signing.

Cape Way does not guarantee the condition, safety, availability, suitability, location, pricing or continued availability of any accommodation option.

Airport Transfers and Other Arrangements

Where Cape Way arranges an airport transfer or similar service, the service may be performed by an independent third-party provider. Cape Way will use reasonable efforts to communicate relevant arrangements, but is not responsible for delays, cancellations, traffic, flight changes, provider failures or events outside Cape Way’s reasonable control.

Fees, Commissions and Non-Refundability

Cape Way may provide guidance without charging the student a separate consultation fee. Cape Way may instead receive referral fees or commissions from partnered educational institutions, accommodation providers or other service partners.

Where a student is required to pay a fee directly to Cape Way or where a service fee otherwise becomes payable, the applicable fee will be communicated before payment. Unless Cape Way expressly agrees otherwise in writing, fees paid to Cape Way for services already requested, commenced or supplied are non-refundable.

Third-party fees, tuition, accommodation charges, deposits, visa/legal fees, transport charges and other amounts paid to third parties are subject to the third party’s own terms and refund policies.

Student Responsibilities

Students must provide complete, accurate and truthful information and documents and must promptly notify Cape Way of material changes.

• Meet all application, enrolment, payment, travel and accommodation deadlines.
• Verify information and requirements with the relevant institution, authority and service provider.
• Maintain valid travel and immigration documentation and comply with South African law.
• Pay all tuition, accommodation, living, transport, legal, visa, insurance and other costs for which they are responsible.
• Comply with the rules and policies of educational institutions, accommodation providers and other service providers.
• Immediately notify Cape Way of any material issue affecting an arranged service.

Documents and Information

Cape Way may rely on information and documents supplied by the student. Cape Way is not responsible for losses, delays, rejection or other consequences resulting from inaccurate, incomplete, fraudulent, expired or late information supplied by the student.

Cape Way may decline to proceed with assistance where it reasonably believes information is inaccurate, unlawful, misleading or insufficient.

Limitation of Liability

To the maximum extent permitted by South African law, Cape Way will not be liable for indirect, incidental, consequential, special or economic loss, including loss of income, business opportunity, tuition, accommodation costs, travel expenses, reputational loss or other consequential loss arising from the use of Cape Way’s services or a third-party service.

Cape Way’s liability will, to the extent permitted by law, be limited to the amount actually paid directly to Cape Way by the affected student for the specific service giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent that applicable law prohibits such exclusion or limitation, including liability that cannot lawfully be excluded.

Indemnity

To the maximum extent permitted by law, the student agrees to indemnify and hold Cape Way, its directors, employees, representatives and agents harmless against reasonable claims, losses, liabilities, costs and expenses arising from the student’s breach of these Terms, unlawful conduct, inaccurate information, misuse of services or breach of a third-party agreement, except to the extent caused by Cape Way’s unlawful conduct or liability that cannot lawfully be excluded.

Website Use and Intellectual Property

Website content is provided for general information and may be changed without notice. Cape Way does not warrant that all website information is complete, current, error-free or continuously available.

All Cape Way branding, logos, original written content and other intellectual property appearing on the website belong to Cape Way or its licensors and may not be reproduced or commercially exploited without written permission.

Prohibited Conduct

You may not use the website or Cape Way’s services for unlawful purposes, to submit fraudulent documents, impersonate another person, interfere with website operation, attempt unauthorised access, or otherwise misuse Cape Way’s services.

Force Majeure

Cape Way will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including government action, changes in immigration or education policies, strikes, civil unrest, natural disasters, pandemics, war, internet or telecommunications failures, transport disruption, institutional closures or third-party failures.

Termination or Refusal of Service

Cape Way may refuse, suspend or terminate assistance where a student breaches these Terms, provides misleading information, engages in abusive or unlawful conduct, fails to meet required deadlines or where continuing the relationship would create legal, operational or reputational risk for Cape Way.

Termination does not automatically create a right to a refund.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Subject to any mandatory jurisdiction or dispute-resolution requirements imposed by applicable law, disputes relating to these Terms shall be subject to the jurisdiction of the competent courts of South Africa.

General

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in force. A failure by Cape Way to enforce a provision immediately does not constitute a waiver of its rights. These Terms, together with any applicable written service terms and policies, constitute the agreement governing the relevant Cape Way service.

This document is published in English and in Arabic. The Arabic version is provided for convenience; where the two differ, the English version governs.