Terms and Conditions

1. OVERVIEW

These are the terms and conditions that applicants must agree to when booking any Training or Course(s) with Magnadient (Pty) Ltd. If you are agreeing to these Terms & Conditions on behalf of a company, government department, or any other legal entity (“Entity”), then the terms “Customer”, “you”, or “your” refer to the Entity and its affiliates.

By agreeing to these Terms & Conditions, you warrant that you have the necessary authority to bind the Entity and its affiliates, and you are binding the Entity and its affiliates to these Terms & Conditions. Magnadient (Pty) Ltd. and you shall each be referred to as a “Party” and collectively as the “Parties” in this Agreement.

If you do not have such authority or do not agree with these Terms & Conditions, we kindly request that you refrain from accepting and utilizing the Training Materials, resources, and/or related documentation, whether in the printed or online form, provided by Magnadient for training purposes (“Training Material”).

With a strong commitment to fostering a cooperative and professional working environment, these terms and conditions specify the procedures and mechanisms for the services and/or products that we provide.

Please note that Magnadient (Pty) Ltd. retains the right to periodically review and update these Terms & Conditions at its sole discretion.

2. INTERPRETATION

The headings of the clauses in this Agreement are provided for convenience and reference purposes only, and shall not be used to interpret, modify, or amplify the terms of this Agreement or any clause herein. Unless a contrary intention appears:

Words importing any one gender shall include the other gender.
The singular shall include the plural, and vice versa.
A reference to a natural person shall include juristic persons (corporate or unincorporated), and vice versa.

A reference to a statute or statutory provision shall be deemed to refer to the current version of the statute or statutory provision, taking into account any amendment, extension, or re-enactment thereof, and shall include any subordinate legislation currently in force made under such statute or statutory provision.

References to clauses and annexures are references to the clauses and annexures of this Agreement, and references to paragraphs are references to paragraphs of the relevant annexures to this Agreement.

If any provision in a definition confers rights or imposes obligations on any Party, even if it is only in the definition clause, it shall be given effect as if it were a substantive provision in the body of the Agreement.

When a specific number of days is prescribed in this Agreement, the number of days shall be calculated exclusively of the first day and inclusively of the last day, unless the last day falls on a non-business day, in which case the next succeeding business day shall be considered the last day.

The expiration or termination of this Agreement shall not affect the provisions of this Agreement that expressly provide for their operation after such expiration or termination, or that must necessarily continue to have effect after such expiration or termination, even if the clauses themselves do not expressly provide for this.

3. DEFINITIONS

“Agreement” means this agreement, including any schedules and annexures attached hereto.

“Confidential Information” refers to information that is proprietary or confidential, whether clearly labelled as such, identified as Confidential Information by a Party, or information that the receiving Party knows or reasonably should have known is of a proprietary or confidential nature.

“Computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, including its physical components, capable of containing data or performing logical, arithmetic, or other functions related to data. This includes, but is not limited to, desktop computers, laptops, notebooks, mobile telephones, tablets, or similar devices configured for use by a single user at a time.

“AFSA” refers to the Arbitration Foundation of Southern Africa.

“Data” means any representation of information, knowledge, facts, or concepts that are capable of being processed in a computer.

“Intellectual Property Rights” refers to all rights in and to intellectual property, including but not limited to trademarks, service marks, trade names, domain names, logos, get-ups, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, rights in respect of any new or existing compilation of any data or information not covered under any existing copyright, any structured analysis, reports, application and any resulting know-how, use or any other results originating or following from or as a consequence of data being made available in respect of any of the aforementioned or part thereof, and all similar proprietary rights which may subsist in any part of the world, including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, as well as any Confidential Information or processes relating to that subject matter.

“Training Courses” refers to the training courses provided by Magnadient from time to time, as described in detail on the Magnadient website located on http://devlarity.com/.

“Training Materials” includes related documentation, whether printed or available online, provided by Magnadient in relation to the Training Courses. This includes, but is not limited to, printed instruction manuals, ebooks, and online course material on a learner management system.

The term “Client” encompasses any individual or entity that engages in service offerings provided by Magnadient (Pty) Ltd, including but not limited to training, training material, and other related services.

4. TRAINING COURSES & TRAINING MATERIAL

We provide the following categories of Training Categories:

Online Training Courses (preferred by us): Customers can access and complete the Training Course online, which will include course material, if applicable.
Onsite Training Courses: Customers are required to physically attend a designated location where they will receive training from one or more facilitators
Course material will be provided, if applicable.
Blended Training Courses: This training option offers a customized combination of the above training styles (including Online and Onsite Training), tailored to meet the Customer’s requirements. Our Standard Course Material and/or Customized Course Material will be provided, if applicable.

Customized Course Material Development: We provide the opportunity to create personalized Training Material that caters to your specific requirements. Once we receive full payment for the requested Customized Course Material, we will promptly develop and deliver the tailored Training Material to meet your needs. If this customized aspect is included as part of the training services we offer, both the training fees and the cost for the Customized Course Material will be applicable.

As part of our training services, we generally provide Training Material at no extra cost for online courses. However, in certain circumstances, such as when conducting onsite training and requiring printed lesson materials, there may be associated costs. We are committed to delivering comprehensive training resources where applicable to our valued clients and appreciate any feedback or suggestions you may have.

We may, at our discretion, make modifications and updates to the content of any Training Course or Training Material without prior notice. These changes are intended to ensure the ongoing quality and relevance of our courses. Your understanding in adapting to any updates is sincerely appreciated.

5. BOOKING PROCEDURE(S)

To make a booking application, you have two options:

1. Online Booking Form (preferred by us): Fill out the online booking form available on the Magnadient website at http://devlarity.com/.
2. Manual Booking Form: Complete our manual booking form, and submit a scanned or digitally filled copy to info@devlarity.com. Manual Booking Forms can be requested from us by contacting us at info@devlarity.com.

Please ensure that you provide accurate and complete contact details on the application form. By submitting a signed email application form or completing an online application form, you kindly confirm that you have read, understood, and accepted these terms and conditions.

Please note that it is important to ensure the information provided in the booking application form is true and accurate. If any inaccuracies are discovered, resulting in an incorrect fee charged for the courses you are purchasing, we reserve the right to make necessary adjustments (either upward or downward) to ensure the correct fee is applied based on your specific circumstances.

Upon receipt of your booking application, a consultant may contact you to discuss and confirm the course details. At that time, a provisional booking will be made, and we will issue a quotation or invoice (as applicable) for the relevant course(s).

To secure your booking, prompt payment of the course fee is required. The quotation or invoice will include our banking details and the corresponding invoice or quotation number. Kindly ensure that you send your proof of payment via email to accounts@devlarity.com.

Once we receive full payment proof of the course fee, we will accept your booking application by registering it on our applicable system(s). We will then send you written confirmation via email that your registration for the Training Course has been successfully processed. The confirmation email will include the name of the Training Course, the timing of the Training Course, and the location of the Training Course delivery. However, please note that we reserve the right to cancel or reschedule any Training Course due to insufficient enrolment. Should such a situation arise, we will inform you of any changes accordingly.

We look forward to assisting you in your training journey.

6. PAYMENT TERMS

The fee for the Training Course must be paid within 30 days from the date of the invoice or at least 14 days prior to the commencement of the relevant Training Course, whichever comes first. Payment can be made through cash deposit or electronic funds transfer into our designated bank account.

We kindly request that payment for the training services be made in a timely manner, as outlined in the agreed-upon payment terms.

Thank you for your attention to this matter. We look forward to providing you with exceptional training services.

7. CANCELLATION POLICY AND TRANSFER

Cancellation by Customer:

In accordance with the provisions of section 17 of the Consumer Protection Act, you have the right to cancel a pre-booked Training Course. In the event of cancellation, a reasonable charge may be applied to cover administrative costs.
If you provide written notification to Magnadient via email, indicating your intention to cancel a Training Course booking at least 14 days prior to the start date of the Training Course, you will be eligible for a full refund of the Training Course fee paid. However, for cancellations received less than 10 days before the Training Course start date, the following cancellation charges will apply on a sliding scale basis:

Notice Period Cancellation Charge
5-9 working days 20.00% of the course cost unless credited towards another course
3-5 working days 30.00% of the course cost
2 working days or less 40.00% of the course cost

Please note that the applicable cancellation charges are designed to compensate for the costs incurred and the impact on other potential attendees.
We kindly request that you acknowledge and agree that the aforementioned cancellation charge(s) are reasonable and do not exceed a fair amount considering the following factors: (a) the nature of the goods or services you have reserved or booked; (b) the notice period provided by you for the cancellation; (c) the reasonable potential for Magnadient, acting diligently, to secure an alternative customer during the time between receiving the cancellation notice and the scheduled reservation; and (d) the prevailing industry practices.

However, we understand that certain circumstances may prevent you from honouring the booking or reservation, such as the unfortunate event of the death or hospitalization of the person for whom the booking or reservation was made, without any suitable substitute available. In such cases, we will waive the cancellation charge.

Upon receiving your written booking cancellation, supported by documentary proof of your bank account, we will process a refund within 30 days. The refund will be issued via electronic funds transfer to the original payer.

Failure to attend:

In the event that you are unable to attend the Training Course for which you have made a booking, it is important to note that you will still be responsible for the full payment of the Training Course Fee. Unfortunately, no refund or transfer of your booking to an alternative date can be provided.

However, we understand that unforeseen circumstances may arise. If you seek to send an alternative delegate to attend the Training Course on your behalf, we kindly request that you obtain our written approval at least 5 business days prior to the scheduled Training Course. The alternative delegate must meet all applicable prerequisites for the Training Course.

We appreciate your understanding and cooperation in these matters.

Booking Transfer:

You have the flexibility to transfer your booking from one Training Course (referred to as the “Original Training Course”) to another Training Course (referred to as the “Alternative Training Course”) by providing us with notice at least 14 business days before the scheduled start date of the Original Training Course. It is important to note that once the booking is transferred to the Alternative Training Course, no refunds will be provided for the cancellation of either course. Additionally, if the Alternative Training Course has a higher cost, we kindly request that you settle the price difference prior to commencing the Alternative Training Course.

If you wish to transfer your booking to the same course on a different date, there will be no extra charge, provided you provide written notice at least 14 business days before the start of the relevant Training Course, subject to availability. However, if the notice is received less than 14 business days prior to the original course start date, a transfer fee of 10% of the course fee will apply. It is important to note that you can only transfer your booking once, and no further transfers will be permitted.

To request a course transfer, please submit a written request via an email provided by one of our consultants who has been in contact with you or on info@devlarity.com.

Cancellation or Rescheduling of Training Courses:

We understand the importance of delivering the Training Courses as scheduled. However, there may be instances where we need to cancel or reschedule a Training Course due to insufficient enrolment. If such a situation arises, we will provide you with written notice at least 7 calendar days prior to the scheduled commencement date of the Training Course.

In the event of a cancellation by us, you will have the following options available to you:

1. Receive a full refund of the Training Course Fee that you have already paid.
2. Receive credit towards the same course on an alternative date.
3. Receive credit towards an alternative course on an alternative date

We would like to emphasize that we will not be liable for any losses you may incur as a result of the cancellation of a Training Course in accordance with this clause.

We sincerely apologize for any inconvenience that may arise due to these circumstances, should they occur.

8. TRAINING ATTENDANCE

We would like to draw your attention to the following important point regarding training attendance. Please be aware that we are unable to assume responsibility for ensuring your presence for the scheduled Training Course you have undertaken. It is essential that you take personal responsibility and plan accordingly for your attendance.

We kindly request your cooperation in allowing ample time to prevent any potential delays. By doing so, you will enable yourself to fully engage in the training session and maximize your learning experience.

Thank you for your commitment to punctuality. Your proactive approach to timely attendance contributes greatly to the success of the training course(s).

9. CERTIFICATE OF PARTICIPATION

At Magnadient, we take great pride in delivering training courses of exceptional quality, striving to meet or surpass prevailing industry standards. As part of our commitment to excellence, we would like to clarify our policy regarding the issuance of certificates of participation.

Please note that certificates of participation are not automatically provided to all attendees. However, a Certificate of Participation may be granted to you if you have attended all modules of the Training Course and have successfully completed the course to our reasonable satisfaction.

We kindly remind you that failure to attend the Training Course or not meeting our reasonable satisfaction in terms of attendance and completion may result in the non-issuance of a certificate of participation. It is important to understand that the decision to issue a certificate of attendance is at our discretion, taking into account your attendance record and the satisfactory completion of the Training Course.

We appreciate your understanding of our approach to certification.

10. COURSE REPETITIONS

We are pleased to inform you that you have the option to repeat a Training Course, subject to a Training Course Fee calculated as 60% of the original Training Course Fee.

Once we receive the payment for the reduced Training Course Fee, we will place you on a standby list. We will notify you in writing at least 5 days in advance of the starting date of the relevant Training Course, once availability is confirmed.

If applicable, please remember to bring your original lesson material and notes to the Training Course. In the event that this is not possible, we are happy to provide you with new lesson material upon receipt of a written notice at least 5 calendar days in advance. Please note that an additional charge may apply if applicable, and the cost will be provided to you in advance for your consideration and payment.

11. PERFORMANCE ASSESSMENTS

We would like to inform you that the Training Course Fees do not include the cost of assessments. If an assessment is necessary, it will be conducted separately (if feasible), and an Assessment Fee may apply.

Thank you kindly for your understanding regarding this matter.

12. PRIVACY POLICY – LINK TO PRIVACY POLICY

We take reasonable measures to ensure the security and functionality of our website. For detailed information on how we handle access and use of the website’s facilities and information, please refer to our privacy policy available on our website.

13. YOUR OBLIGATIONS

In compliance with this Agreement, you agree and ensure that your employees, designees, or any other person attending a Training Course on your behalf or under your account will:

Refrain from copying the Training Materials or related documentation, except when such copying is incidental or necessary to complete the relevant Training Course.
Abstain from renting, leasing, sub-licensing, loaning, translating, merging, adapting, varying, or modifying the Training Materials or related documentation.
Avoid altering or modifying the Training Materials or related documentation, either in whole or in part, and prohibit their combination with or incorporation into any other materials.
Supervise and control the use of the Training Materials and Documents, ensuring that your employees and representatives utilize them in compliance with the terms and conditions outlined herein.
Refrain from providing or making available the Training Materials or related documentation, in whole or in part, to any person without obtaining prior written consent from Magnadient.

We kindly ask our valued clients to review and acknowledge their obligations as stated in the terms and conditions. Your compliance with these obligations ensures a smooth and successful training experience for all parties involved.

14. CONFIDENTIALITY

In order to fulfill our obligations under this Agreement, it may be necessary for each Party to have access to the Confidential Information of the other Party. It is important to note that a Party’s Confidential Information shall not include information that:

Becomes publicly known through means other than the receiving Party’s actions or omissions;
Was lawfully possessed by the other Party prior to its disclosure;
Is lawfully disclosed to the receiving Party by a third party without any restrictions on disclosure;
Is independently developed by the receiving Party, as evidenced by written documentation; or
Is required to be disclosed by law, a court of competent jurisdiction, or a regulatory or administrative body.

Each Party acknowledges the importance of maintaining the confidentiality of the other Party’s Confidential Information. Unless required by law, the client shall not disclose or make available the Confidential Information of the other Party to any third party, nor shall they utilize such Confidential Information for any purpose other than the implementation of this Agreement.

The client agrees to exercise reasonable measures to prevent any unauthorized disclosure or distribution of the other Party’s Confidential Information by their employees or agents, in accordance with the terms specified in these Terms & Conditions. It is mutually understood and acknowledged by all parties involved that the client’s commitment to maintaining confidentiality is of utmost importance regarding the information shared during the training, training material, and the terms and conditions outlined herein.

While we already commit to maintaining strict confidentiality, we wish to assure you that we are open to discussing and implementing additional measures, such as agreed-upon non-disclosure agreements (NDAs), if desired or necessary, to further strengthen the safeguarding of confidential information.

15. DATA PRIVACY & PROTECTION

The data belonging to each Party and its affiliates shall be regarded and treated as the exclusive property of that Party. It is agreed that neither Party shall disclose the data of the other Party to any third parties unless expressly authorized or specified otherwise in this Agreement.

Furthermore, a Party shall solely utilize the data of the other Party for the purposes outlined within this Agreement.

Both Parties affirm that they shall not assert any liens or other rights over the data of the other Party. Additionally, neither Party shall engage in the sale, assignment, lease, or any other form of disposition of the other Party’s data, or any portion thereof, to any third parties.

The parties involved in this Agreement deeply appreciate and prioritize the privacy of each other’s data. It is with great respect and understanding that we acknowledge and agree that the data belonging to one Party shall be treated as highly confidential as clearly outlined in this Agreement.

We kindly request your cooperation in adhering to the data privacy and protection provisions outlined in the terms and conditions.

16. INTELLECTUAL PROPERTY RIGHTS

We kindly request your agreement to acknowledge that Magnadient holds all intellectual property rights in the Training Materials and the related documentation.

It is important to note that certain rights in the Training Materials and the related documentation are granted to you, rather than sold. Therefore, apart from the right to use them in accordance with the terms specified in this Agreement, you do not possess any additional rights in or to the Training Materials or the related documentation.

We appreciate your understanding and compliance with this provision, as it ensures the protection and preservation of our intellectual property.

17. GENERAL CONDUCT & RESERVATION OF RIGHT OF ADMISSION

We kindly request that all delegates maintain respectful, orderly, and safe conduct throughout the duration of the training.

Our primary goal is to ensure a conducive and structured learning environment for all participants. Therefore, we reserve the right to deny admission to any Training Course if, in our reasonable opinion, your conduct interferes with, or is likely to interfere with, the orderly delivery of the training or hampers the ability of fellow delegates to receive training in a professional and effective manner.

We believe that a positive learning atmosphere is essential for the success of our training programs, and we appreciate your cooperation in upholding these standards and maintaining a productive training environment.

18. OUR LIABILITY

We want to assure you that while we strive to provide exceptional service, it is important to outline certain limitations to our liability. Please carefully review the following terms:

We cannot be held responsible for certain types of losses, such as loss of income, business profits or contracts, business interruption, loss of money or anticipated savings, loss of information, loss of opportunity, goodwill or reputation, loss of, damage to or corruption of data, or any other indirect or consequential loss or damage.
As a part of this agreement, you agree to indemnify and hold us harmless against any costs or losses incurred due to claims, demands, suits, proceedings, actions, judgments, damages, costs (including reasonable legal fees), expenses, fines, penalties, or actions arising from a third party’s harm, loss, or damage caused to you or your delegate’s person or property.
Our liability for infringement of third-party intellectual property rights is limited to breaches of rights within South Africa.
These terms encompass our obligations and liabilities regarding the provision of Training Courses, Training Materials, and related documentation. No other conditions, warranties, representations, or terms, whether expressed or implied, are binding on us, except as specifically stated in this Agreement.

We believe in maintaining transparency and want to ensure that all parties involved understand the extent of our obligations and liabilities. If you have any questions or concerns regarding these terms, please do not hesitate to contact us.

19. TERMINATION

The services we provide acknowledge the significance of adhering to professional and lawful standards in regard to termination. Termination of the training, in accordance with the applicable terms and conditions, may occur under certain circumstances as recognized by South African contract law. These circumstances may include non-compliance, breach of contract, or mutual agreement between the involved parties. These provisions are included to establish a framework for fair and lawful resolution in the unlikely event that termination of the training becomes necessary. Our aim is to foster a collaborative and mutually beneficial relationship, and we are committed to addressing and resolving any issues or challenges in a harmonious manner, thereby minimizing the likelihood of termination.

We hope that our working relationship remains smooth and uninterrupted. In the event that termination becomes necessary, we will provide you with written notice. However, it is important to outline the circumstances in which termination of the agreement may occur:

Termination may occur if there is a significant or persistent breach of the agreement on your part, which you fail to rectify within 10 calendar days after receiving written notice from us.
Additionally, termination may be initiated if the Customer (in the case of a company) experiences insolvency, an inability to pay debts, enters liquidation or receivership (excluding bona fide amalgamation or reconstruction), passes a resolution for winding-up, has a receiver or administrator appointed over its assets, enters into any composition or arrangement with its creditors, or takes any similar action due to its debt.

Upon termination for any reason, it is important to note the following:

All rights granted to you under this agreement will cease.
You must discontinue all activities authorized by this agreement.
Any outstanding payment obligations under this agreement must be settled promptly.

Should you have any questions or concerns here, please inform us,

20. TRANSFER OF RIGHTS AND OBLIGATIONS

In order to ensure the smooth operation of our services, we may find it necessary to transfer, assign, charge, subcontract, or otherwise make arrangements related to this Agreement, including any rights or obligations arising from it, at any point during its term.

Should you have any questions or concerns here, please inform us,

21. DISPUTE RESOLUTION

In the event of any disputes or differences arising between the parties in relation to this Agreement, we propose that the said dispute or difference be resolved through arbitration. Both parties may submit a written demand for arbitration, and the arbitration shall take place in Port Elizabeth, South Africa, in accordance with the rules and regulations set forth by the Arbitration Foundation of Southern Africa (AFSA).

In the unlikely event that AFSA is unavailable or not accepting arbitration requests at that time, the arbitration shall be conducted following the AFSA rules for commercial arbitration, as last applied by AFSA. The appointment of an arbitrator shall be determined through mutual agreement between the parties within 5 business days of the arbitration demand.

The appointed arbitrator shall be responsible for resolving the dispute, and any matters related to the administration of the arbitration, in case of disagreement between the attorneys of the parties. The arbitrator’s decision shall be final and binding on all parties involved.

While the arbitration proceedings are confidential, we acknowledge that a party to the arbitration may seek urgent relief or pursue a judgment on a liquidated claim through the appropriate court.

We want to emphasize that any arbitration conducted under this clause (including any appeal proceedings) will be handled with confidentiality. The parties involved shall treat the details of the dispute, the conduct of the arbitration proceedings, and the outcome of the arbitration as strictly confidential.

In the event that the client(s) are not located in Port Elizabeth, South Africa or are unable to attend an arbitration resolution in Port Elizabeth, South Africa, we propose an alternative method for dispute resolution. Both parties agree to conduct the arbitration process online or through suitable digital means, ensuring convenience and accessibility for all involved.

We believe that utilizing online platforms for dispute resolution allows for efficient and cost-effective proceedings while maintaining the principles of fairness and impartiality. By adopting this approach, we aim to accommodate clients who may not be able to physically attend arbitration sessions in Port Elizabeth.

Please note that the online dispute resolution method will be in accordance with the AFSA rules and regulations governing the arbitration process. However, we strive to ensure a smooth and effective resolution process, regardless of geographical constraints, and appreciate your cooperation in this matter.

We believe that resolving any potential disputes through arbitration provides a fair and impartial process, and it is our sincere hope that such disputes do not arise in the first place. We would like to emphasize that our goal is to reach a fair and equitable resolution that preserves our working relationship.

22. EVENTS BEYOND OUR REASONABLE CONTROL

We shall not be held liable to you under this Agreement if we are unable to fulfill our obligations or carry out our business due to circumstances beyond our reasonable control. Such circumstances may include, but are not limited to, strikes, lock-outs, acts of God, war, riots, civil commotion, malicious damage, compliance with laws or government orders, accidents, fires, floods, or storms.

During the occurrence of such events, our obligations will be temporarily suspended, and we will be granted an extension of time to fulfill our obligations for the duration of the event. However, we assure you that we will make every reasonable effort to resolve the situation and fulfill our obligations, even in the presence of such circumstances.

23. WAIVER

In the event that we do not enforce strict compliance with any of your obligations or fail to exercise any of our rights or remedies under this Agreement, it should not be interpreted as a waiver of such rights or remedies, nor release you from your obligation to comply.

Any waiver by us of a default on your part should not be considered as a waiver of any subsequent defaults.

For a waiver of any of these terms and conditions to be valid, it must be explicitly communicated to you in writing by us.

We appreciate your understanding regarding the waiver provision outlined in these terms and conditions.

24. GENERAL

Any communication that needs to be conveyed from one party to another in accordance with these terms must be done in writing.

If any provision of these terms is deemed invalid or unenforceable by a competent authority, it shall not affect the validity of the remaining provisions of these terms or the portion of the provision in question that remains enforceable.

Please note that acceptance of these general terms and conditions is an important step in our collaboration.

25. GOVERNING LAW & JURISDICTION

This Agreement, and any disputes or claims arising out of or in connection with it, its subject matter, or its formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of South Africa unless otherwise specified in writing. The parties mutually agree that the High Court of South Africa shall have jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement, its subject matter, or its formation (including non-contractual disputes or claims). This jurisdiction is applicable to all clients, providing a designated forum for resolving any disputes or claims arising from this Agreement and ensures reliable judicial procedures for the resolution of legal matters. However, we also recognize that specific considerations may apply to international clients. In the event of disputes involving international clients, we are committed to taking into account any relevant international considerations, laws, and/or agreements to ensure a fair and just resolution process. Although guarantees can’t be made, it is our aim to address any disputes or claims with both local and international clients in a manner that complies with applicable legal frameworks. In the unlikely event that any disputes cannot be resolved amicably through discussion, both local and international clients agree to the exclusive jurisdiction of the courts of South Africa, while also taking into account any applicable international considerations, laws, and/or agreements where applicable, unless otherwise specified in writing. This provision ensures an accessible resolution process for all parties involved, irrespective of their location, if it becomes necessary.

Our intention is to foster a positive and cooperative relationship with our clients, and we are committed to addressing any concerns or issues that may arise in a professional manner.

We believe in open and constructive dialogue as the foundation of successful business relationships. Therefore, if you have any concerns or questions regarding these terms and conditions or the jurisdiction specified herein, we encourage you to promptly communicate them with us.

26. ENTIRE AGREEMENT

These terms, along with any explicitly referenced documents, constitute the complete agreement between us regarding the purchase of Training Courses, Training Materials, and related documentation, and supersede any prior agreements, understandings, or arrangements, whether verbal or written.

Both parties acknowledge that, in entering into these terms, neither party has relied on any representations, undertakings, or promises made by the other party, whether expressed or implied, in pre-contract negotiations, except as expressly stated in these terms and conditions.

Neither party shall have any recourse for any untrue statements made by the other party, whether orally or in writing, prior to the date of entering into these terms, unless such untrue statement was made fraudulently. The sole remedy for any party in such cases shall be for breach of contract as provided in these terms and conditions.

The structure of these Terms & Conditions or any other related documents may be amended in the future to further fit this Agreement’s requirements.

By agreeing to these terms and conditions, you acknowledge and accept the clauses as outlined herein as well as the possibility that cost aspects, timeframes, and details may be subject to variation and that no guarantees can be assured.

Please also be aware that by agreeing to receive training services from us, you are also agreeing to these terms and conditions. If you have any questions or concerns regarding these terms and conditions, please inform us before proceeding with the training.