Last Updated: 10 June 2025
Effective Date: 10 June 2025
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING ANY SERVICE, PLATFORM, OR FACILITY PROVIDED BY CALVARY SMART SCHOOL. YOUR USE OF OUR SERVICES CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS.
DEFINITIONS
For these Terms and Conditions, the following definitions apply:
“School” or “Institution” means Calvary Smart School, a private educational institution registered under the laws of Zimbabwe, with its principal place of business at 23 Third Street, Tanganyika House, 1st Floor, Harare, Zimbabwe.
“Services” means all educational programmes, digital learning platforms (the “LMS”), online portals, mobile applications, physical facilities, extra-curricular activities, and any other services provided by the School.
“User” means any person who accesses or uses the Services, including Students, Parents, Guardians, and prospective enrollees.
“Student” means any individual formally enrolled at Calvary Smart School.
“Parent/Guardian” means the parent, legal guardian, or adult with parental responsibility over a Student who is a minor.
“LMS” means the School’s Learning Management System and any associated digital learning portals or applications.
“Content” means all text, data, images, audio, video, course materials, assessments, and other materials available through the Services.
“Personal Data” means information that identifies or can be used to identify a natural person, as defined under applicable data protection laws.
“Fees” means tuition fees, registration fees, examination fees, and any other charges payable to the School.
“Agreement” means these Terms and Conditions together with the School’s Privacy Policy, Enrolment Agreement, and Fee Schedule.
1. ACCEPTANCE OF TERMS
1.1 By enrolling a Student, accessing the School’s premises, utilising the LMS or digital platforms, or using any of the Services in any manner, you – whether as a Student, Parent, Guardian, or other User – acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions in their entirety.
1.2 These Terms constitute a binding contractual agreement between you and the School, governed by the laws of the Republic of Zimbabwe, including the Consumer Contracts Act (Chapter 8:03) and the Electronic Transactions Act (Chapter 8:05).
1.3 For digital and online services, acceptance is further effected through the clickwrap mechanism on the School’s enrolment portal and LMS login page. By ticking the checkbox marked:
“I have read and agree to Calvary Smart School’s Terms and Conditions, Privacy Policy, and Fee Structure” – you enter into a binding electronic contract pursuant to section 12 of the Electronic Transactions Act (Chapter 8:05).
1.4 If you do not agree to any provision of these Terms, you must immediately discontinue enrolment proceedings, cease accessing the LMS and all digital platforms, and vacate the School’s premises.
1.5 Where a Student is a minor, the Parent or Guardian entering into this Agreement represents and warrants that they have full legal authority to bind the minor and accept these Terms on the minor’s behalf.
2. ELIGIBILITY AND ENROLMENT
2.1 Age and Legal Capacity. Parents or Guardians acting on behalf of minor Students must be at least eighteen (18) years of age and possess full legal capacity to contract under the laws of Zimbabwe.
2.2 Enrolment Requirements. Admission is subject to the satisfaction of all academic, administrative, and financial requirements, including submission of certified documentation, completion of the enrolment form, and payment of registration fees.
2.3 Account Registration. Upon enrolment, each Student and Parent/Guardian shall be assigned login credentials for the LMS. You agree to:
Provide accurate, current, and complete information during registration;
Promptly update your account information to keep it accurate.
Maintain strict confidentiality of your password and credentials.
Be solely responsible for all activities conducted under your account;
Notify the School immediately of any unauthorised access at [email protected] or 078 581 0551.
2.4 The School reserves the right to refuse enrolment or revoke access to any person who provides false, misleading, or incomplete information.
3. ACADEMIC PROGRAMMES AND CURRICULUM
3.1 Calvary Smart School offers a blended and technology-enhanced educational curriculum. Subjects, grade levels, timetables, and assessment methods are determined by the School and are subject to change in accordance with educational authority requirements.
3.2 The School reserves the right to modify, suspend, or discontinue any academic programme at its sole discretion, provided reasonable notice is given.
3.3 Blended and Online Learning. Students are expected to:
Actively participate in all online modules, live virtual sessions, and digital assessments;
Complete all assignments by the prescribed deadlines.
Ensure access to a suitable device and a reliable internet connection.
Maintain academic honesty in all online interactions and assessments.
3.4 Academic Integrity. Any act of plagiarism, cheating, impersonation in assessments, or academic dishonesty – whether in person or online – constitutes a serious breach of these Terms and may result in disciplinary action, including suspension, expulsion, and forfeiture of credits or awards.
3.5 Academic Results Disclaimer. The School does not guarantee any specific academic outcomes, pass rates, examination results, or university placement for any Student. Results depend substantially on the individual Student’s effort, aptitude, and other factors outside the School’s control.
4. USE OF THE LEARNING MANAGEMENT SYSTEM (LMS) AND DIGITAL PLATFORMS
4.1 Licence Grant. Subject to your compliance with these Terms, the School grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the LMS solely for your own or your child’s education at Calvary Smart School.
4.2 System Availability. The School shall not be liable for outages caused by:
Scheduled maintenance (of which prior notice will be given);
Internet service provider failures or electricity disruptions (including load-shedding);
Force majeure events.
4.3 Device and Connectivity. It is the User’s responsibility to ensure access to a compatible device and a functional internet connection. The School is not responsible for any data costs incurred by Users.
5. USER CONDUCT AND PROHIBITED ACTIVITIES
5.1 All Users are required to conduct themselves in a manner that is respectful, lawful, and consistent with the values of Calvary Smart School.
5.2 The following activities are strictly prohibited:
Bullying, harassment, intimidation, discrimination, or abusive behaviour towards Students, teachers, or staff – whether in person or online (cyberbullying);
Transmitting, posting, or displaying offensive, defamatory, obscene, threatening, or illegal content on any School platform;
Accessing, transmitting, or storing pornographic, violent, extremist, or harmful content using any School resource;
Attempting to gain unauthorised access to any School system, network, or database;
Impersonating any teacher, staff member, or Student on any platform;
Sharing login credentials or allowing any third party to access the LMS under your account;
Reproducing or distributing proprietary course materials, assessments, or intellectual property without written authorisation;
Engaging in any illegal activity on School property or platforms, including drug use, theft, vandalism, or assault;
Recording, photographing, or filming teachers, staff, or fellow Students without explicit consent;
Engaging in commercial solicitation or advertising on School platforms without written consent.
5.3 The School reserves the right to take disciplinary action – up to and including expulsion and referral to law enforcement – against any User found to have engaged in prohibited activities.
6. SCHOOL FEES AND PAYMENT TERMS
6.1 Fee Structure. Fees are set out in the School’s official Fee Schedule communicated at the commencement of each academic term. The School reserves the right to revise fees with appropriate notice.
6.2 Primary Currency. All fees are denominated and payable in United States Dollars (USD). The School also accepts payment in Zimbabwean Dollars (ZWL) and South African Rand (ZAR) at the prevailing interbank or official exchange rate published by the Reserve Bank of Zimbabwe on the date of payment.
6.3 Currency Risk. The School bears no liability for exchange rate fluctuations that may affect the ZWL equivalent of fees owed.
6.4 Accepted Payment Methods:
Electronic funds transfer (EFT) to the School’s designated bank account;
EcoCash (Paynow integration or direct transfer to the school’s merchant wallet);
OneMoney mobile money transfer
Swipe/Point-of-Sale at the School’s administrative office;
Cash payments at the School’s administrative office (official receipts issued for all payments).
6.5 Late Payment. The School reserves the right to:
Restrict or suspend access to the LMS and digital learning resources;
Withhold academic reports, certificates, or transcripts;
Deny readmission to a subsequent term;
Pursue recovery of outstanding fees through legal channels, with legal costs borne by the defaulting party.
6.6 Registration Fees. Registration and application fees are non-refundable and do not guarantee admission.
7. REFUNDS, WITHDRAWALS, AND CANCELLATIONS
7.1 Requests for refunds of term fees must be submitted in writing to [email protected]. The following schedule applies:
Withdrawal before commencement of term: 75% of term fees refunded (25% retained as an administrative charge);
Withdrawal within the first two (2) weeks of term: 50% of term fees refunded;
Withdrawal after the second week of term: No refund shall be payable.
7.2 Digital Learning Packages. No refund shall be issued once access to a digital course, module, or software subscription has been activated.
7.3 Exceptional Circumstances. The School may, at its absolute discretion, consider refund requests on compassionate grounds (e.g., serious illness or bereavement) supported by appropriate documentation.
7.4 This policy is applied in accordance with the Consumer Protection Act (Chapter 14:14) and does not limit any rights a consumer is entitled to under mandatory law.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership. All Content available through the School’s Services – including course materials, lesson recordings, presentations, assessments, examination papers, the School’s logo, and trademarks – is the exclusive intellectual property of Calvary Smart School, protected under the Copyright Act (Chapter 26:01).
8.2 Limited Licence. Enrolled Students are granted a limited, personal, non-exclusive, non-transferable, and revocable licence to access Course Content solely for personal educational purposes. This licence does not permit Users to:
Reproduce, copy, or download Content except as expressly permitted by the LMS;
Distribute, publish, broadcast, or share Content with any third party;
Create derivative works or translations of any Content;
Use Content for any commercial purpose.
8.3 Unauthorised Sharing. Sharing or distributing the School’s proprietary materials – in any format, including on social media – constitutes copyright infringement. The School reserves the right to pursue civil and criminal remedies available under the laws of Zimbabwe.
9. USER-GENERATED CONTENT
9.1 Students retain ownership of their original academic work. However, by submitting work to the LMS or School platforms, Users grant Calvary Smart School a worldwide, non-exclusive, royalty-free licence to:
Access, display, and store submitted work for assessment and record-keeping;
Use anonymised work for teacher training or curriculum development;
Reproduce Student projects or artwork for School events or the School’s official website (with prior notification to the relevant Parent/Guardian).
9.2 The School reserves the right to review, moderate, edit, or remove any User-generated content that violates these Terms or applicable law.
10. DATA PROTECTION AND PRIVACY
10.1 The School collects and processes Personal Data in accordance with its Privacy Policy, which is incorporated into these Terms by reference and is available on request from [email protected].
10.2 The School will not sell Personal Data to third parties. Data may be shared with authorised service providers, educational authorities, or regulatory bodies as required by law.
10.3 International Considerations. Where Services are accessed by users in the European Union, the General Data Protection Regulation (GDPR) is acknowledged. For users in South Africa, the Protection of Personal Information Act (POPIA) is acknowledged to the extent it does not conflict with mandatory Zimbabwean law.
11. USE OF SCHOOL PROPERTY AND FACILITIES
11.1 Where the School provides devices or equipment, Users shall:
Use such property only for the intended educational purpose;
Exercise due care and return all property in good working condition;
Be liable for the cost of repair or replacement of any property damaged through misuse or negligence.
11.2 Vehicles and Parking. The School does not accept liability for loss of or damage to vehicles parked on School premises. Users park at their own risk.
12. SAFEGUARDING AND CHILD PROTECTION
12.1 Calvary Smart School is committed to the welfare and protection of all Students, particularly minors, and operates a comprehensive Safeguarding and Child Protection Policy.
12.2 Any suspected abuse, neglect, or harmful treatment of a Student must be reported immediately to the School’s designated safeguarding lead or, in an emergency, directly to law enforcement.
13. DISCLAIMERS AND WARRANTIES
13.1 The School’s Services are provided on an “as-is” and “as-available” basis. The School makes no warranties regarding:
Uninterrupted, timely, or error-free operation of the LMS or digital platforms;
The accuracy or completeness of any Content;
Specific academic outcomes, examination results, or career prospects.
13.2 Third-Party Links. The School does not endorse or accept responsibility for the content or privacy practices of any third-party websites linked from School platforms.
14. LIMITATION OF LIABILITY
14.1 To the maximum extent permitted by law, the School’s total aggregate liability to any User shall not exceed the total Fees actually paid by that User in the twelve (12) months immediately preceding the event giving rise to the claim.
14.2 The School shall not be liable for any indirect, incidental, special, or consequential losses; loss of data; loss of profits; or losses attributable to third-party actions.
14.3 Nothing in these Terms limits the School’s liability for:
Death or personal injury caused by the School’s negligence;
Fraud or fraudulent misrepresentation;
Any liability that cannot be excluded under the Consumer Protection Act (Chapter 14:14) or any other mandatory Zimbabwean law.
15. INDEMNIFICATION
15.1 You agree to defend, indemnify, and hold harmless Calvary Smart School, its governing body, directors, employees, teachers, and agents from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:
Your violation of these Terms or any applicable law;
Content submitted by you that infringes the rights of any third party;
Any wilful misconduct, fraud, or negligent act by you or any person under your care;
Any unauthorised use of your account credentials.
16. SUSPENSION, EXPULSION, AND TERMINATION
16.1 The School reserves the right to suspend or terminate a Student’s enrolment and any User’s access to the LMS with immediate effect in the event of:
A serious breach of these Terms or the School’s Code of Conduct;
Non-payment of Fees beyond the prescribed grace period;
Conduct posing a risk to the safety or welfare of others;
Provision of false or fraudulent information during enrolment.
16.2 Except where immediate action is necessary to protect safety, the School shall follow its disciplinary procedures before imposing suspension or expulsion.
16.3 Voluntary Withdrawal. A Parent/Guardian or adult Student may terminate enrolment by providing written notice to [email protected], subject to the refund provisions in clause 7.
16.4 Effect of Termination. Upon termination: LMS access shall be disabled; all outstanding Fees remain due and payable; and academic records shall be retained and released in accordance with the School’s standard procedures.
17. DISPUTE RESOLUTION AND GOVERNING LAW
17.1 Governing Law. This Agreement is governed by the laws of the Republic of Zimbabwe, including the Consumer Contracts Act (Chapter 8:03) and the Electronic Transactions Act (Chapter 8:05).
17.2 Staged Dispute Resolution. Disputes shall be resolved through the following sequential process:
(a) Step 1 – Informal Negotiation: The aggrieved party shall submit a written complaint to [email protected]. The parties shall endeavour to resolve the dispute within twenty-one (21) calendar days of receipt of the notice.
(b) Step 2 – Formal Mediation: If unresolved at Step 1, the dispute shall be referred to mediation in Harare before an accredited mediator agreed upon by both parties, or, failing agreement, appointed by the President of the Law Society of Zimbabwe. Mediation costs shall be borne equally unless the mediator directs otherwise.
(c) Step 3 – Litigation: If mediation fails within sixty (60) days of commencement, either party may institute legal proceedings exclusively before the Magistrates’ Court or the High Court of Zimbabwe at Harare.
17.3 Class Action Waiver. Each User agrees that disputes shall be resolved on an individual basis and not as part of any class action or representative proceeding.
18. CHANGES TO THESE TERMS
18.1 The School reserves the right to amend these Terms at any time. For material changes, at least thirty (30) calendar days’ advance notice shall be provided by:
Email notification to the registered email address; and/or
A prominent notice on the School’s website and LMS login page.
18.2 Continued use of the Services after the effective date of revised Terms constitutes acceptance of the amended Terms.
19. FORCE MAJEURE
19.1 The School shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, government actions, civil unrest, extended electricity supply disruptions (load-shedding), or failures of telecommunications infrastructure.
20. GENERAL PROVISIONS
20.1 Entire Agreement. These Terms, together with the Privacy Policy, Fee Schedule, Enrolment Agreement, and Code of Conduct, constitute the entire agreement between the School and the User.
20.2 Severability. If any provision is found invalid or unenforceable, it shall be severed without affecting the remaining provisions.
20.3 Waiver. A failure by the School to exercise any right shall not constitute a waiver of that right.
20.4 Language. These Terms are drafted in English. In the event of any translation, the English version shall prevail.
21. CONTACT INFORMATION
All queries, complaints, formal notices, or requests should be directed to:
CALVARY SMART SCHOOL
Physical Address: 23 Third Street, Tanganyika House, 1st Floor, Harare, Zimbabwe
Telephone: 078 581 0551
Email: [email protected]
Legal Queries: [email protected] (Subject line: “LEGAL QUERY – TERMS AND CONDITIONS”)
Operating Hours: Monday to Friday, 08:00 – 16:30 (CAT, UTC+2)
ACKNOWLEDGEMENT OF ACCEPTANCE
BY ENROLLING YOUR CHILD, ACCESSING THE SCHOOL’S PREMISES, OR LOGGING INTO THE LMS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.