Terms & Conditions

TopStudent is a student-focused digital platform designed to help users organise, explore and manage aspects of their educational journey.

Depending on the features available, TopStudent may provide:

• Student profiles
• Academic information management
• Document organisation
• Calendars and educational planning tools
• Academic challenges
• Performance tracking
• Past papers and study resources
• Study guides
• Course discovery and course intelligence
• Course comparison tools
• Institution discovery and browsing
• Institution information
• Application assistance
• Application tracking
• Educational information and resources
• Links to third-party websites and services
• Other educational tools and services introduced from time to time

TopStudent may add, remove, modify, replace, suspend or discontinue features as the Platform develops, subject to applicable law and any rights you may have under applicable consumer-protection legislation.

TopStudent is an educational technology and student-support platform.

Unless expressly stated otherwise, TopStudent is not:

• A university
• A college
• A school
• An examination authority
• A government department
• A bursary or funding authority
• An admissions authority
• An accreditation body
• An immigration authority
• A professional licensing body
• An employer
• A recruitment agency
• The decision-maker for any institution or organisation

TopStudent does not control the admission, selection, registration, funding, examination, employment or other decisions made by third parties.

You may use TopStudent only if you are legally capable of entering into an agreement under applicable law, subject to any additional requirements that apply to particular services.

Where a user is under the age of majority, the user should use the Platform with the involvement, consent or supervision of a parent, guardian or other legally authorised person where required by law.

Where TopStudent requires parental or guardian consent for a particular service, that consent must be obtained before the relevant service is used or purchased.

You must provide accurate information about yourself when creating an account or using a service.

Certain features require an account.

You agree to:

• Provide accurate and current information
• Keep your account information updated
• Maintain the confidentiality of your login credentials
• Not share your account where account sharing is prohibited
• Notify TopStudent if you believe your account has been compromised
• Use the Platform only for lawful purposes

You are responsible for activity carried out through your account unless you can demonstrate that such activity occurred without your authorisation and despite reasonable security measures being taken.

TopStudent may suspend or restrict an account where reasonably necessary to protect users, TopStudent, third parties, the Platform or the integrity of a service, subject to applicable law.

You may not use TopStudent to:

• Commit or facilitate unlawful activity
• Impersonate another person
• Provide fraudulent information
• Submit forged or fraudulent documents
• Manipulate application information
• Interfere with the operation of the Platform
• Introduce malicious software
• Attempt to gain unauthorised access to accounts, databases or systems
• Scrape, copy or systematically extract Platform data without permission
• Reverse engineer the Platform except where applicable law expressly permits it
• Reproduce or commercially exploit TopStudent content without permission
• Upload content that infringes another person's intellectual property or privacy rights
• Harass, threaten or abuse other users
• Use the Platform to deceive institutions or third parties
• Otherwise misuse the Platform

TopStudent reserves the right to take appropriate action where prohibited conduct occurs, subject to applicable law.

You are responsible for the accuracy, completeness and legality of information you provide to TopStudent.

This includes, where applicable:

• Personal information
• Academic records
• Marks
• Qualifications
• Identification information
• Application information
• Institution choices
• Programme choices
• Documents
• Contact information
• Other information supplied by you

TopStudent does not accept responsibility for consequences arising from information that you knowingly or negligently provide incorrectly, incompletely or fraudulently.

If you discover that information submitted through TopStudent is incorrect, you should notify TopStudent as soon as reasonably possible.

TopStudent may allow users to upload, store, organise or use documents for educational or application-related purposes.

You represent that you have the right to provide documents uploaded to the Platform.

You must not upload:

• Forged documents
• Documents belonging to another person without lawful authority
• Malicious files
• Unlawful material
• Material that infringes another person's rights

TopStudent may reject, remove, restrict or investigate documents where reasonably necessary for security, legal compliance, fraud prevention or service integrity.

Users remain responsible for maintaining their own copies of important documents.

TopStudent does not guarantee that a document will be accepted by an institution, government body, examination authority or other third party.

TopStudent may provide a paid service through which TopStudent assists a student with applications to selected educational institutions.

The exact number of institutions and programmes covered by a purchased package will be displayed to the user before payment.

Where applicable, the service may include:

• Collecting application information
• Checking application readiness
• Organising required information or documents
• Assisting with application preparation
• Submitting information through an institution's application process
• Tracking application progress where reasonably possible
• Communicating application-related information to the user

The precise scope of a purchased service is determined by the service description displayed at the time of purchase.

Purchasing an application-assistance service does not guarantee:

• Admission
• Acceptance
• Registration
• A place at an institution
• A place in a particular programme
• Funding
• Residence
• A scholarship
• A bursary
• A specific admission outcome
• A specific application processing time
• Any decision by an educational institution

Admission and selection decisions are made by the relevant institution.

TopStudent cannot override, influence or guarantee an institution's admission decision.

Institutions may change:

• Admission requirements
• Application procedures
• Application fees
• Programme availability
• Closing dates
• Supporting-document requirements
• Selection criteria
• Application portals
• Other administrative requirements

Although TopStudent may attempt to provide useful and current information, users remain responsible for checking important requirements and deadlines with the relevant institution.

Where reasonably possible, TopStudent may notify users about information known to have changed.

TopStudent is not responsible for an application outcome resulting solely from an institution changing its requirements, closing a programme, closing an application period, experiencing technical problems, or taking another action outside TopStudent's control.

Where TopStudent submits or assists with an application on behalf of a user, the user authorises TopStudent to use the information and documents supplied by the user for that purpose.

The user remains responsible for ensuring that the information supplied to TopStudent is correct and complete.

TopStudent may require confirmation from the user before certain actions are taken.

TopStudent may decline to submit an application where information or documents are materially incomplete, unlawful, fraudulent, unsafe or otherwise unsuitable for submission.

TopStudent may interact with or provide links to universities, colleges, schools, training providers and other institutions.

Unless expressly stated otherwise, the presence of an institution on TopStudent does not mean that:

• TopStudent owns the institution
• TopStudent controls the institution
• TopStudent guarantees the institution
• The institution guarantees TopStudent
• The institution has entered into a formal partnership with TopStudent
• TopStudent endorses every service offered by the institution

Users should independently verify important institutional information before making significant educational decisions.

TopStudent may provide an institution marketplace or directory allowing users to browse information about educational institutions.

Information may include:

• Institution names
• Locations
• Programmes
• Application information
• Contact information
• Links
• Descriptions
• Publicly available information
• Other institution-related information

Marketplace information may be supplied by institutions, third parties, public sources or TopStudent.

TopStudent does not guarantee that every listing is complete, current, accurate or error-free.

An institution's appearance on the Platform does not constitute a guarantee of its quality, accreditation, admission practices, services or suitability.

Users should verify material information directly with the institution.

TopStudent may provide course discovery, course comparison and course-intelligence features.

These features may contain information concerning:

• Courses
• Subjects
• Skills
• Learning outcomes
• Career pathways
• Industries
• Occupations
• Further study
• Institutions
• Programme requirements
• Related educational information

This information is intended to assist users with exploration and decision-making.

It is not professional, legal, financial, career, employment or institutional advice.

Course and career information can change over time. Users should verify current programme requirements, accreditation, fees, admission requirements and career information with the relevant institution or authoritative source before relying on it for a significant decision.

TopStudent may provide a Personal Academic Support ("PAS") service and related tools, which may include:

• Calendars
• Document organisation
• Performance tracking
• Challenges
• Past papers
• Study guides
• Course intelligence
• Course comparisons
• Institution browsing
• Other educational tools

These tools are intended to support organisation, preparation and learning.

TopStudent does not guarantee:

• Improved marks
• Examination passes
• Admission
• Qualifications
• Employment
• Academic progression
• Specific academic results
• Any other particular outcome

A student's results depend on many factors outside TopStudent's control.

TopStudent may make educational resources available, including past papers, study guides, learning materials, links and other resources.

TopStudent does not guarantee that every resource:

• Is complete
• Is error-free
• Remains current
• Is suitable for every student
• Reflects the latest curriculum
• Is officially approved
• Will produce a particular academic result

Users should verify important academic information with their school, institution, lecturer, teacher or relevant educational authority.

TopStudent may contain links to websites, portals, applications and services operated by third parties.

Third-party websites operate independently of TopStudent.

TopStudent is not responsible for:

• Third-party website availability
• Third-party content
• Third-party privacy practices
• Third-party security
• Third-party fees
• Third-party transactions
• Third-party application decisions
• Third-party services

When you leave TopStudent and interact with a third party, that third party's terms and privacy policies may apply.

Prices for paid TopStudent services will be displayed before the user completes a purchase.

Prices may change from time to time. A price change will not retroactively alter a transaction that has already been validly concluded, except where permitted by applicable law or where otherwise agreed.

The user is responsible for providing correct payment information and completing payment through the payment method made available by TopStudent.

TopStudent may use third-party payment providers. TopStudent does not ordinarily have access to payment-card information processed directly by an external payment provider, except for information that the payment provider lawfully makes available to TopStudent.

A paid service may only become active after payment has been successfully received and any required information or verification has been completed.

Where a manual payment method is offered, TopStudent may require reasonable evidence or confirmation of payment before activating the relevant service.

A payment reference or submission of payment information does not by itself guarantee that payment has been received.

TopStudent will handle cancellations, refunds and consumer rights in accordance with applicable South African law and the refund terms applicable to the relevant service.

Nothing in these Terms is intended to remove or unlawfully restrict a consumer right that cannot legally be excluded.

Where a service has already been substantially performed, any refund or cancellation rights will be determined in accordance with applicable law and the circumstances of the transaction.

Where a specific service has additional refund conditions, those conditions will be made available to the user before purchase where required.

TopStudent will make reasonable efforts to provide paid services within the timeframe communicated to the user.

However, delays may occur because of:

• Institution systems
• Institution processing times
• Incorrect user information
• Missing documents
• Technical problems
• Payment delays
• Third-party service interruptions
• Public holidays
• Network problems
• System maintenance
• Events outside TopStudent's reasonable control
• Other circumstances affecting service delivery

TopStudent aims to provide a reliable Platform but does not guarantee that the Platform will always be:

• Available
• Uninterrupted
• Error-free
• Secure against every possible threat
• Compatible with every device
• Compatible with every browser
• Free from bugs
• Free from temporary technical problems

The Platform may occasionally be unavailable for maintenance, upgrades, security measures, technical repairs, infrastructure problems, third-party failures or other operational reasons.

TopStudent makes reasonable efforts to provide useful information.

However, information may contain:

• Errors
• Omissions
• Outdated information
• Third-party errors
• Changes that have not yet been reflected
• Technical inaccuracies

TopStudent does not warrant that every item of information on the Platform is completely accurate or current at all times.

Where information is important to an application, admission, qualification, financial commitment or other significant decision, users should verify it with the relevant authoritative source.

Unless expressly stated otherwise, TopStudent does not provide:

• Legal advice
• Financial advice
• Medical advice
• Psychological advice
• Professional licensing advice
• Immigration advice
• Guaranteed career advice
• Other regulated professional advice

Information provided by TopStudent should not be treated as a substitute for advice from an appropriately qualified professional.

Unless otherwise stated, TopStudent and its licensors retain all rights in the Platform and its original content, including:

• Software
• Source code
• Designs
• Layouts
• Interfaces
• Graphics
• Logos
• Trademarks
• Branding
• Text
• Original educational content
• Databases
• Compilations
• Functionality
• Other intellectual property

You may use the Platform for its intended personal and lawful purpose.

You may not reproduce, sell, redistribute, commercially exploit, modify or create derivative works from TopStudent intellectual property without appropriate permission, except where applicable law permits such use.

Some materials available through TopStudent may belong to third parties.

TopStudent does not claim ownership of third-party intellectual property merely because it is accessible through the Platform.

Users must respect the intellectual-property rights of educational institutions, examination authorities, authors, publishers and other rights holders.

Where TopStudent allows users to submit content, information, comments or other material, the user remains responsible for that content.

You grant TopStudent the limited rights reasonably necessary to host, process, display, transmit and otherwise use your content to provide the service you requested, subject to applicable privacy laws and the TopStudent Privacy Policy.

You do not transfer ownership of your personal documents or original content to TopStudent merely by uploading them.

TopStudent processes personal information in accordance with applicable privacy law and the TopStudent Privacy Policy.

Personal information may be processed for purposes including:

• Creating and maintaining accounts
• Providing requested services
• Processing applications
• Managing documents
• Communicating with users
• Processing payments
• Improving services
• Preventing fraud and abuse
• Maintaining security
• Complying with legal obligations
• Other lawful purposes described in the Privacy Policy

TopStudent will not treat this Terms document as a substitute for its Privacy Policy.

Where a user requests TopStudent to assist with an application, the user authorises TopStudent to process and disclose the relevant information and documents to the institution or other recipient reasonably necessary to perform the requested service.

TopStudent will seek to limit disclosures to what is reasonably necessary for the relevant purpose, subject to applicable law.

Users should not provide information that is unnecessary for the requested service.

TopStudent takes reasonable measures to protect its systems and information.

However, no internet-connected system can be guaranteed to be completely secure.

You should:

• Use a strong password
• Avoid sharing your password
• Use secure devices
• Log out where appropriate
• Notify TopStudent if you suspect unauthorised access

TopStudent may retain information for as long as reasonably necessary for the purposes for which it was collected, to provide services, meet legal obligations, resolve disputes, enforce agreements, maintain legitimate business records or otherwise comply with applicable law.

Further information is provided in the TopStudent Privacy Policy.

Although TopStudent may provide document storage or organisational functionality, users should retain independent copies of important documents.

TopStudent does not guarantee permanent storage of every file or record.

TopStudent may suspend, restrict or terminate access where reasonably necessary because of:

• Unlawful activity
• Fraud
• Misuse
• Security threats
• Abuse
• Infringement of intellectual property
• Material breach of these Terms
• Non-payment
• Attempts to compromise the Platform
• Other circumstances permitted by law

Where appropriate and legally required, TopStudent will provide reasonable notice or an opportunity to remedy the issue.

If an account is terminated or deleted, access to certain Platform features may cease.

Certain information may need to be retained where required by law, legitimate business requirements, dispute resolution, security or other lawful purposes.

To the maximum extent permitted by applicable law, TopStudent does not guarantee that the Platform or its information will:

• Meet every user's individual expectations
• Produce a particular academic or application outcome
• Be available continuously
• Be completely error-free
• Contain only current information
• Be suitable for every purpose

Nothing in these Terms excludes or limits a right, warranty, guarantee or remedy that cannot lawfully be excluded or limited.

Nothing in these Terms is intended to exclude liability that cannot legally be excluded, including liability imposed by applicable consumer-protection, privacy or other mandatory legislation.

Where legally permissible, TopStudent's liability arising from a particular paid service will be limited to the amount paid by the user for that particular service, unless applicable law requires otherwise.

Nothing in these Terms is intended to:

• Waive a consumer's mandatory statutory rights
• Exclude liability that cannot legally be excluded
• Prevent a user from exercising a legal remedy
• Override applicable privacy legislation
• Override applicable consumer-protection legislation
• Create a contractual term that is prohibited by law

If any provision of these Terms conflicts with mandatory applicable law, the mandatory law will prevail to the extent of the conflict.

To the extent permitted by law, you agree to be responsible for losses, claims, costs or reasonable expenses suffered by TopStudent arising directly from your:

• Unlawful conduct
• Fraud
• Intentional misconduct
• Material breach of these Terms
• Infringement of another person's rights
• Submission of fraudulent documents
• Misuse of the Platform
• Unauthorised use of another person's information

This clause does not apply to the extent that the relevant loss was caused by TopStudent's own unlawful conduct or negligence, or where applicable law prevents such an allocation of responsibility.

TopStudent will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances reasonably outside its control.

Examples may include:

• Natural disasters
• Severe weather
• Power failures
• Telecommunications failures
• Internet outages
• Cyber incidents
• Infrastructure failures
• Government action
• Civil emergencies
• Strikes
• Third-party platform failures
• Institutional system failures
• Widespread technical failures
• Other events beyond reasonable control

TopStudent may modify, improve, replace or discontinue Platform features.

Where a material change significantly affects a paid service that has already been purchased, TopStudent will take reasonable steps to address the effect of the change in accordance with applicable law.

TopStudent may update these Terms from time to time.

The updated version will be published on the Platform with an updated "Last updated" date.

Where required by law, TopStudent will provide additional notice of material changes.

Your continued use of the Platform after an applicable update may constitute acceptance of the updated Terms to the extent permitted by law.

You consent to receiving electronic communications from TopStudent where permitted by law.

These may include:

• Account notifications
• Service notifications
• Application updates
• Security notifications
• Payment information
• Important changes to services
• Legal notices
• Other communications necessary to provide the Platform

Marketing communications will be handled in accordance with applicable law and your available communication preferences.

TopStudent may provide notices through:

• The Platform
• Email
• Account notifications
• SMS
• Other electronic communication methods
• Other legally appropriate methods

You are responsible for keeping your contact information current.

If you have a complaint about TopStudent, you should first contact TopStudent through the official contact details published on the Platform.

Please provide:

• Your name
• Account information where relevant
• The service concerned
• A description of the issue
• Relevant transaction information
• The resolution you are seeking

TopStudent will review complaints reasonably and in accordance with applicable law.

TopStudent encourages users to attempt to resolve disputes directly with TopStudent before commencing formal proceedings.

Nothing in this clause prevents a consumer from exercising a legal right to approach a competent authority, tribunal, court or other body where permitted by law.

Any formal dispute will be governed by the laws of the Republic of South Africa, subject to applicable consumer-protection and other mandatory legal rights.

These Terms are governed by the laws of the Republic of South Africa.

Subject to applicable law, South African courts with appropriate jurisdiction may determine disputes arising from these Terms or use of the Platform.

Nothing in this clause removes any jurisdiction or remedy that a consumer is legally entitled to use.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent necessary to make it lawful where possible.

If it cannot be made lawful, the affected provision will be severed to the extent necessary, while the remaining provisions will continue to operate.

If TopStudent does not immediately enforce a provision of these Terms, this does not mean that TopStudent has permanently waived its right to enforce that provision later.

These Terms, together with any applicable:

• Privacy Policy
• Refund and Cancellation Policy
• Application Service Terms
• Acceptable Use Rules
• Service-specific terms
• Other documents expressly incorporated into these Terms

form the agreement governing your use of the relevant TopStudent services, subject to applicable law.

Where a specific service has additional terms, those terms will apply to that service to the extent they are not inconsistent with mandatory law or these general Terms.

Use of TopStudent does not create an employment relationship, partnership, joint venture, franchise, agency relationship or other legal relationship between TopStudent and a user unless expressly agreed in writing.

Where TopStudent assists with an application, this does not make TopStudent an agent or representative of the educational institution unless a separate agreement expressly establishes such a relationship.

Unless expressly stated otherwise, these Terms do not create enforceable rights for third parties.

Provisions relating to intellectual property, payments, confidentiality and privacy where applicable, liability, indemnification, disputes, governing law, user responsibilities and other provisions that by their nature should survive termination will continue to apply after termination to the extent legally permitted.

For questions, complaints, legal notices or service-related enquiries, please use the official contact details published on the TopStudent Platform.