These terms and conditions will apply to the Course booked by the client with Rihlazana Academy and no other terms and conditions referred to by the client when booking a course with Rihlazana Academy shall apply.
“The Client” means the party who has requested that the Rihlazana Academy provide the agreed training services.
Rihlazana Academy will provide training in accordance with the course booked by the client. The content of the course and training will be as specified in the relevant course material issued by Rihlazana Academy. The course content may be subject to change at the point of delivery and in agreement with the client.
Courses may be booked by the client through the Rihlazana Academy Course Booking Administrator (s). On receipt of the request for a course booking Rihlazana Academy will, subject to the availability of the course and places thereon, confirm within a reasonable period of time the course booking, including the dates when the course will be provided and the number of delegates the client has booked who will attend the course. Within a reasonable period of time thereafter, the client will confirm the names of delegates who will be attending the course.
The course will be conducted at the Acadia Hotel’s premises at Acadia Centre, Pretoria unless otherwise specified by the Rihlazana Academy and agreed to by the client.
The course fee shall be agreed with the client prior to course commencement. All fees are priced in Rands ZAR and subject to VAT which is payable by the client at the prevailing rate.
Unless otherwise agreed, the course fees for courses delivered at the Rihlazana Academy exclude accommodation and meals, where appropriate. The number and timings of meals will be confirmed by Rihlazana Academy on request from the client.
Protective Clothing and Equipment
Unless otherwise agreed, the Rihlazana Academy will provide delegates with personal protective clothing. Rihlazana Academy will provide all necessary instructional material for the courses.
The client may cancel a course by providing at least 45 calendar days written notice to Rihlazana Academy prior to its commencement, whereupon the client will be liable for 25% of fees (unless the training is bespoke or to be provided via dedicated sessions, in which case at least 90 days written notice must be given). If between 20 and 45 days written notice is given (or between 90 and 45 days for bespoke or dedicated courses); the client will be liable for 50% of the course fees. If less than 20 (or 45) days’ notice is given, the client will be liable for 100% of the course fees.
Rihlazana Academy Cancellation – Rihlazana Academy may cancel any course if 30 or more days’ notice is given in writing to the client prior to its commencement with no reimbursement;
Payment terms (SA) – An invoice will be forwarded to the client and payment will be made by the client 30 days from invoice date. The Rihlazana Academy reserves the right to full payment of the course place should a client delegate not present themselves for the course.
Payment terms – All payment should be made in full to Rihlazana Academy on booking of the course.
For the avoidance of doubt students who present themselves to Rihlazana Academy without payment of course fees will not be allowed admission to training courses.
The Rihlazana Academy reserves the right to withdraw any delegate from the course if in its reasonable opinion it considers that the delegate is not suitable or fit to attend the course. The client must ensure that delegates are physically fit, possess the required level of mobility in line with course demands, and do not have any respiratory disorders or heart disease. If in doubt, the client should ensure that delegates are examined by a medical practitioner to ensure the delegate can withstand physical exertion and wearing breathing apparatus in dusty conditions.
Delegates will be required to comply with all relevant Rihlazana Academy rules, regulations, and codes of conduct whilst on the Rihlazana Academy`s premises.
Rihlazana Academy may, at its own discretion, expel any student who by reason or disruptive behaviour or misconduct proves themselves to be unfit to complete the course. Under these circumstances full course fees will be payable.
Unless otherwise specified by Rihlazana Academy, on successful completion of the course, the delegate may be awarded a certificate by Rihlazana Academy. The decision of Rihlazana Academy as to whether or not a delegate has successfully completed the course shall be final and conclusive.
The Rihlazana Academy will arrange such third-party liability and indemnity insurance as it considers appropriate and will permit the client to inspect the relevant policies on reasonable notice and subject to payment of any reasonable administration charges which the Rihlazana Academy considers appropriate.
Care and Skill
The Rihlazana Academy will exercise reasonable care and skill in training delegates and providing the courses.
Liability and Indemnity
The client acknowledges that part of the training may expose the delegate to potential danger. Although Rihlazana Academy will exercise reasonable care and take reasonable precautions, the client agrees to indemnify and hold harmless Rihlazana Academy from and against all claims made in respect of personal injury (including injury, illness or disease resulting in death) and/or loss of or damage to any property other than to the extent such loss, damage or injury is due to, or arises from the negligence of the Rihlazana Academy, its employees or agents acting in the performance of their duties.
To the maximum extent permissible under English law, the total aggregate liability of Rihlazana Academy to the Client or its delegates shall not exceed the price of the course, whether for breach of this agreement or in tort and Rihlazana Academy shall not be liable to the client for any consequential or indirect loss, including loss of revenue or profit.
The Rihlazana Academy shall not be liable to the Client under any circumstances for any consequential or indirect loss or damage or loss of profit incurred by the Client, whether as a result of the Rihlazana Academy negligence or its breach of this agreement.
Either party may forthwith terminate this agreement by notice in writing if:
The other party is in breach of this agreement and fails to remedy such breach within 14 days of written notice unless the breach is not remediable, when this agreement may be terminated forthwith (unless the non-remediable breach is trivial);
The other party goes into liquidation or is made bankrupt, a receiver is appointed over any of its assets or business or an Administrator of the client is appointed or it passes a resolution for voluntary liquidation (other than as part of a bone fide scheme of amalgamation or reconstruction).
Termination of this agreement shall be without prejudice to any accrued rights or remedies to either party.
Neither party shall be liable for non-performance or delay of performance which is due to any cause beyond its reasonable control including (without limitation) inclement weather, fire, flood, industrial action, explosions, government regulations and orders and acts of God. In the event that the course cannot be delivered by Rihlazana Academy due to Force Majeure then Rihlazana Academy reserves the right to provide the course at another time and date without additional charge to the client.
All notices to the Rihlazana Academy shall be in writing, in English and sent to the Rihlazana Academy, Box 61613, Pierre van Ryneveld, 0157. (for the attention of the Training Academy Manager) and to the client at such address as they may have given to the Rihlazana Academy.
Neither party shall be deemed to have waived any rights or remedies unless its waiver is in writing and signed by a duly authorised officer of the party making such a waiver.
No amendments to this agreement shall be valid unless they have been made in writing and executed by duly authorised officers of both parties.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the Courts of South Africa unless the parties agree to arbitration.
This is the entire agreement between the client and Rihlazana Academy as to the course and all other agreements, understandings or representations not expressly included or referred to in this agreement are hereby excluded.
Intellectual Property Rights
All intellectual property rights with the course material shall vest in and remain with Rihlazana Academy. Copies of any course materials provided to client delegates shall only be made with the prior written permission of Rihlazana Academy. Should Rihlazana Academy adapt or modify a course to include any material provided by the client, the client warrants that any such material shall be provided with sufficient and appropriate intellectual property rights. Accordingly, the client agrees to indemnify and hold harmless Rihlazana Academy from any claims associated with (inter alia) the use, modification, replication and/or sub-licensing by Rihlazana Academy of any such material.