1. This Agreement ("Terms") sets out the terms and conditions that govern your use of SAHA Academy's products and services (such as website services and course content), as well as your registration for any online course or other programs ("Course") offered by SAHA Academy.
Accessing SAHA Academy
3. Acceptance: By selecting your acceptance of the "Terms and Conditions" checkbox when signing up for a Course, you agree to be bound by these "Terms", which include, by reference, the Policies.
5. License: Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the SAHA Academy through which Course content is accessed.
6. Suitability of Course: Before registering for any Course, you are responsible for satisfying yourself as to the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our Websites.
7. Commencement of Course: You will only receive confirmation of your registration for a Course, once you have made the required minimum payment for the Course (unless otherwise specifically communicated to you by a SAHA administrator prior to the commencement of your Course)..
8. Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a Course, and this registration would need to be separately managed to ensure compliance with all applicable legal requirements.
9. Registration online: Applicants can register for Courses online through the links available on our website.
10. Basic requirements: In order to complete a Course, you will need a current email account and access to a computer and the internet. You should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read and create documents in Microsoft Word.
11. Identification: During the Course presentation, you will be required to verify your identity with an official identity document, which reflects the name provided upon registration, for authentication and record purposes. Acceptable forms of identification include an identity document (national ID card), passport, or driver's license. Non-submission of valid identification in accordance with standard verification processes will result in your certificate being withheld upon completing a Course successfully. If you undergo a name change during the presentation of a Course, you will be required to communicate this to your course facilitator, who will advise you on the process to be followed. The name provided by you in the document that you have submitted will be the one that appears on any certificate that may be issued to you on successful completion of a Course.
12. Communications: You may receive communication by telephone, email or text message from a SAHA Academy representative for Course administration and related purposes, including reminders and payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time).
13. Permitted use: Only applicants who have paid and are registered for a Course may participate in that Course. You may not divulge your username or password to any other person, may not permit any other person to participate in the Course on your behalf, and may not impersonate any other person in dealing with SAHA Academy or access the course using another user's username and password. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you regain access to your profile.
14. Prohibited use: You are prohibited from doing the following:
- Making available copies of the Course content on a network server or web server for use by others.
- Using, displaying or otherwise making available the Course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
- Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the SAHA website.
- Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Course content.
15. Your responsibility: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You accept that you are responsible for the consequences of your use of your profile in the SAHA Academy, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.
16. Access disputes: If there is a dispute as to who has the right to operate a profile in the SAHA Academy, we may deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
17. External websites: SAHA Academy is not responsible for technical support for any external websites. Courses that require you to use external websites do so to achieve the best learning outcomes. If you have any queries relating to external websites, you are required to contact the support services of the relevant websites directly. SAHA Academy will not be liable for any costs, claims or damages that you may suffer as a result of your use of, or failure to access, any external website.
Pricing, payment and delivery
18. Course fees: When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course.
19. Tax Invoices in electronic format: You hereby consent to the receipt of an invoice from SAHA which shall be sent to you in electronic format, to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
20. Bank charges: In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
21. Payment of VAT and other Taxes: Any VAT or other applicable taxes payable in addition to the Course fees will be identified in your invoice or information pack and such amounts are your sole responsibility unless the contrary is stated.
22. Payment reference: When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
23. Coupon codes: If you have been provided with a coupon code and you would like to make use of it when you register for a Course, you will have to indicate this on the SAHA Academy Website when registering for the relevant Course (where indicated), and agree to be bound by the terms and conditions of this coupon code. Should you register without utilising the coupon code, the coupon code will become redundant and you will not be entitled to receive the benefit of the coupon code, including a refund of any part of the Course fee, once payment has been received by us. In addition, coupon codes are non-transferable and non-refundable - if you request a Course deferral, the coupon code shall no longer apply to the fee payable for the deferred Course.
24. Suspension for non-payment: If you fail to make payment for a Course by the due date (as agreed during registration and recorded in your invoice), then we may remove you from the Course or suspend your participation in the Course in our sole discretion. If you are suspended from participation, you will not be permitted to access the SAHA Academy until such time as the outstanding payment has been made by you, and you will be given a period of time within which to rectify non-payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the course and you will not be entitled to any refund.
25. Reminders: You hereby acknowledge and consent to us contacting you in relation to payments due by you for a Course or in terms of these Terms, by way of email, text message, telephone calls, or other means as determined by us.
26. Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the SAHA Academy or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
Cancellations and Deferrals
27. Outstanding fees: If you do not settle your fees in accordance with the agreed payment terms, you will not receive your final result for your Course, and we will not issue any letters confirming attendance or completion of Course modules. You will not be issued with a certificate until all fees have been paid in full.
28. Cancellation of registration: If you wish to cancel your Course registration, you will need to contact your Course Facilitator to discuss your intention. You will be entitled to defer your booking to another course or request a full refund of your Course fee if you request cancellation of registration at least 48 hours prior to the commencement of your Course.
29. Insufficient demand: Should a course not receive the minimum number of registrants, we reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will be entitled to defer your booking to another course or receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
31. Certificate Delivery: SAHA Academy will email the login details to you, to download your certificate.
32. Certificate Errors: If you receive your certificate with a printing error you are required to notify us, so that an amended version can be issued. We cannot be held liable for printing errors resulting from incorrect personal registrant information provided to us.
33. Withheld certificates: If you are not eligible for the award of a certificate, your certificate may be withheld by SAHA Academy in the following circumstances:
- If you are under investigation for academic dishonesty or misconduct and such matter has not been resolved at the time of certification, the award of a certificate may be suspended until the matter has been disposed of by SAHA Academy.
- If you have outstanding fees owing to SAHA Academy or SAHA, your certificate may be withheld until such time as your fees have been settled in full.
- If you fail to verify your identity, your certificate will be withheld until such time as you have verified your identity.
Limitation of liability and indemnity
34. No liability for Course outcomes: We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty.
35. Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, your participation in a Course, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall SAHA Academy's aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
36. Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and SAHA Academy, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
37. Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or SAHA Academy's services or Courses must commence within 1 year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
38. Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration for a Course. This indemnity includes claims arising from your use of the SAHA Academy in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
Interruption of SAHA Academy Website or SAHA Academy
39. Interruption of service: You acknowledge and agree that from time to time, the SAHA Academy Website and/or SAHA Academy may be inaccessible or inoperable, by reason of one or more of the following:
- Equipment malfunctions or faults.
- Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
- Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
40. No breach: Such interruption to the accessibility of the SAHA Academy Website or SAHA Academy will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the SAHA Academy Website and/or SAHA Academy.
41. Security: We will use reasonable commercial measures to secure our system and your profile in the SAHA Academy, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of your account.
42. Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the Website or SAHA Academy or otherwise provided to participants by SAHA Academy, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
Warranties and disclaimers
43. Disclaimers: To the extent permissible under applicable laws, all services, Courses and their content are provided "as is" without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
Termination of participation in a Course
44. Modifying and terminating services: We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving registered participants reasonable prior notice of any material changes. You may also discontinue your use of our services and Courses at any time.
Complaints and dispute resolution
45. General complaints policy: Whether it is positive or negative, SAHA Academy encourages feedback from participants. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner. All complaints are taken seriously, and every effort has been made to ensure that SAHA Academy can cater for complaints received on all levels, regardless of severity. SAHA Academy will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possible.
46. Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavour to address complaints within 3 working days (although this may not always be possible). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further. Escalations of this nature may be referred to SAHA who may investigate the matter further, and may recommend an outcome or course of action.
47. Feedback: Once a complaint has been fully investigated and due process followed, a course of action will be determined by SAHA Academy. The result will either be that the complaint is upheld (in part or in full), and an appropriate form of action is taken, or, that no action is taken, in which case comprehensive feedback and reasons will be provided. This includes, but is not limited to, instances where you have not requested an outcome other than having a platform to voice your concerns.
48. Disputes: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between SAHA Academy and you, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction within South Africa. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of SAHA Academy, shall be governed by, and construed in accordance with, the laws of South Africa.
49. Entire agreement: These Terms, together with SAHA Academy Policies, shall constitute the entire agreement between you and SAHA Academy concerning your registration for a Course.
50. Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and SAHA Academy, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a Course at the time when such changes come into effect.
51. Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.
52. Severability: In the event that any part of these Terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
53. Assignment: These Terms, and any rights and licenses granted in terms of these Terms, may not be transferred or assigned by you, but may be assigned by SAHA Academy without restriction.
54. No indulgence/waiver: If SAHA Academy chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.