These are the terms and conditions to which applicants agree when booking on any Leading Edge Business Solutions (Pty) Ltd Course(s). If you are agreeing to these Terms & Conditions not in your personal capacity but for and on behalf of a company, government department or other legal and/or created entity “Entity” then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you warrant that you have the necessary authority to bind the Entity and its affiliates to these Terms & Conditions and you are binding the Entity and its affiliates to these Terms & Conditions. Leading Edge (Pty) Ltd. and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the Training Materials and / or related documentation , whether printed or available online, provided by Leading Edge in relation with the training (“Training Material”). Leading Edge reserves the right to review and update these Terms & conditions periodically at its sole discretion.
The headings of the clauses in this Agreement are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention appears-
any one gender includes the other gender;
the singular includes the plural and vice versa; and
a natural person includes juristic persons (corporate or unincorporated) and vice versa.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
References to clauses, and annexures are to the clauses and annexures of this Agreement; references to paragraphs are to paragraphs of the relevant annexures to this Agreement.
If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.
The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
The definitions and rules of interpretation in this clause apply in this Agreement.
"AFSA" means the Arbitration Foundation of Southern Africa;
"Agreement" means this agreement and any schedules and annexures thereto;
"Confidential Information" means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information by a Party, or information which 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 the physical components thereof which is capable of—
containing data; or
performing a logical, arithmetic or any other function in relation to data including, without limitation, a desktop computer, laptop, notebook, mobile telephone, tablet or like device configured for use by a single user at a time.
“data” means any representation of information, knowledge, facts or concepts, capable of being processed in a computer;
"Intellectual Property Rights" means all the rights in and to intellectual property including (without limitation) the rights in and 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” means the training courses provided by Leading Edge from time to time and as more fully described at the Leading Edge website located at uniform resource locator https://www.leadingtraining.co.za/;
“Training Materials” means related documentation, whether printed or available online, provided by Leading Edge in relation to the Training Courses and includes, without limitation, printed instruction manuals, ebooks and online course material on a learner management system. ____________
We offer the following categories of Training Courses:
Instructor-led training: Customers are required to attend a location where they receive training provided by one or more facilitators;
Online training: Customers access and complete the Training Course online;
Customised Course Material Development: Leading Edge will develop Training Material and send to the Customer upon receipt of payment in full;
Blended Training: Any combination of the above Training Courses specifically tailored to Customer requirements.
We reserve the right to update and change the content of any Training Course at any time and without notice.
A booking application is made by filling in the online booking form available on the Leading Edge website at https://www.leadingtraining.co.za/, or by completing our manual booking form and submitting a scanned copy thereof to firstname.lastname@example.org. The customer must ensure that his/her correct and complete contact details are supplied on the application form. By submitting a signed email application form, or by completing an online application form, the customer indicates that he/she has read, understood and accepted these terms and conditions.
You agree that the information supplied in the booking application form is true and correct and that If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the courses that you are buying, we reserve the right to adjust the fee (upwards or downwards) so that it is the correct fee for your circumstances
Following receipt of your booking application, a sales consultant will contact you to discuss and confirm the course details and at that time a provisional booking shall be made and we will issue a quotation or invoice (as applicable) for the relevant course(s). Payment of the course fee is required to confirm a booking. The quotation or invoice document will contain our banking details and the relevant invoice or quotation number that must accompany your proof of payment to reach us per email at email@example.com.
Provided that we receive proof of payment in full of the course fee, we will accept your booking application by registering your booking on our system and sending you written confirmation per email that your registration for a Training Course has been successfully processed, the name of the Training Course, Training Course timing, and location of delivery of the Training Course subject to our right to cancel or reschedule any Training Course due to insufficient enrolment as provided for in clause 6.10.
The Training Course fee is payable within 30 days from date of invoice or at least 14 days before the start of the relevant Training Course, whichever occurs first. We accept payment by way of cash deposit or electronic funds transfer into our designated bank account or by using an authorised credit card at the time of the transaction on our website. Receipts for payment are provided in electronic format.
We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
Invoices payment terms are 30 days from date of invoice or at least 10 working days before the start of the course, whichever is sooner.
CANCELLATION POLICY AND TRANSFER
Cancellation by Customer.
Commensurate with the provision of section 17 of the Consumer Protection Act, you have the right to cancel an advance booking for a Training Course in which event; we will impose a reasonable charge for cancellation of the reservation.
If you notify Leading Edge in writing by email that you wish to cancel a booking for a Training Course not less than 10 days in advance of the start date of the Training Course, you will be entitled to a full refund of the Training Course fee actually paid. However, for cancellations of Training Course bookings that we receive less than 10 days in advance of the Training Course start date, the following sliding scale applies:
|Notice Period||Cancellation Charge|
|9-6 working days||30% unless applied towards another course|
|5-3 working Days||50.00%|
|2 working days or less||70.00%|
You agree that the above cancellation charge(s) is reasonable and does not exceed a fair amount in the circumstances having regard to: (a) the nature of the goods or services that you reserved or booked; (b) the length of notice of cancellation provided by you; (c) the reasonable potential for Leading Edge, acting diligently, to find an alternative Customer between the time of receiving the cancellation notice and the time of the cancelled reservation; and (d) the general practice of the industry.
However, we will not impose a cancellation charge if you are unable to honour the booking, reservation because of the death or hospitalisation of the person for whom, or for whose benefit the booking, reservation or order was made and for which no suitable substitute candidate was available.
We will process a refund within 30 days of receiving your written booking cancellation together with your banking details supported by documentary proof of your bank account. All refunds will be processed via electronic funds transfer to the original payer. If the bank details supplied pursuant to this clause 6.5
You may transfer your booking for a Training Course (the “Original Training Course”) to another Training Course (the “Alternative Training Course”) up to 10 business days in advance of the starting date of the Original Training Course. However, once you have transferred your booking from the Original Training Course to the Alternative Training Course, you will not be entitled to a refund for the cancellation of your booking for either course.
There is no charge for transferring your booking to the same course on an alternative date provided you notify us in writing not less than 10 business days before the start of the relevant Training Course subject to availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than ten 10 business days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once. You must make any request to transfer a course in writing, which must be sent to the email address of the sales consultant who contacted you pursuant to clause 4.3.
Failure to attend
If you fail to attend the Training Course for which you have been booked you will remain liable for payment of the full Training Course Fee and you will not be entitled to any refund or a transfer of your booking to an alternative date.
Subject to our prior written approval having been obtained at least 2 business days in advance of the relevant Training Course, you may send an alternative delegate in your stead provided that he/she complies with applicable Training Course prerequisites.
Cancellation by Leading Edge.
We reserve the right to cancel or reschedule any Training Course due to insufficient enrolment by providing written notice to you no less than 7 calendar days in advance of the scheduled commencement date of the Training Course.
If we cancel the relevant Training Course, you have the option of receiving a full refund of the Training Course Fee actually paid or credit towards the same course on an alternative date.
In no event will we be liable for any losses which you may suffer consequent upon cancellation by us of a Training Course pursuant to this clause.
If we cancel a Training Course due to a Force Majeure event, you are entitled to full Training Course credit for the same Training Course to be held on an alternative date. The Training Course credit will remain valid for a period of 90 calendar days of the date of the original Training Course.
PURCHASE AND LICENSING OF TRAINING COURSES & MATERIALS
The prices applicable to Training Courses and Training Materials are set out at our website at www.leadingtraining.co.za and includes a non-exclusive, non-transferable licence to use the Training Materials and the related documentation on the following terms:
Instructor-led Training Courses: You may receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this license provided that only the delegate of the relevant Instructor-led Training Course may make such use of them
Online Training Courses: You may download and use the Documents for the purposes of completing the associated course on line only either (as agreed between the Parties): on a single Computer if the License is a single-user license or the Software is for single use; or if the License is a multi-user or network license, by the number of concurrent users agreed between you and us in writing.
Customised Course Material Development: You may receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this license provided that only the delegate of the relevant Customised Training Course may make such use of them.
Blended Training Courses: Depending on the nature of the Blended Training Courses which you have selected, you will enjoy a combination of the license rights associated with one or more of the following: Instructor-led Training Courses, Online Training Courses and Customised Course Material Development, as applicable.
Save as specifically mentioned in this Agreement, you undertake and/or procure that your employees, designees or any other person attending a Training Course on your behalf or on your account so undertake:
not to copy the Training Materials or related documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or related documentation ;
not to alter, or modify, the whole or any part of the Training Materials or related documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
to supervise and control use of the Training Materials and Documents and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;
to include the copyright notice of Leading Edge on all entire and partial copies you may make of the Training Materials or Documents on any medium;
not to provide or otherwise make available the Training Materials or related documentation in whole or in part, in any form to any person without prior written consent from the Leading Edge.
You are entitled to repeat a Training Course against payment of a Training Course Fee calculated as 50% of the original Training Course Fee.
Upon receipt of payment of the reduced Training Course Fee, we will place you on a standby list in anticipation of Training Course availability to be notified in writing to you at least 5 days in advance of the starting date of the relevant Training Course.
You must bring your original manual along to the Training Course where applicable. However, should this not be possible, we will, subject to our receipt of at least 3 calendar days’ advance written notice, provide you with a new manual against payment of an additional charge to be quoted in advance of payment thereof.
Each Party may be given access to Confidential Information of the other Party in order to perform its obligations under this Agreement. A Party's Confidential Information shall not be deemed to include information that:
is or becomes publicly known other than through any act or omission of the receiving Party;
was in the other Party's lawful possession before the disclosure;
is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
is independently developed by the receiving Party, which independent development can be shown by written evidence; or
is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
Each Party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
Each Party shall take all reasonable steps to ensure that the other Party's Confidential Information to which it has access, is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
DATA PRIVACY & PROTECTION
Each Party's data shall be and remain the property of that Party and its affiliates. Neither Party shall divulge the data of the other Party to third parties (unless provided otherwise in this Agreement) and a Party shall use the data of the other Party only for purposes of this Agreement.
Neither Party shall possess or assert any lien or other right against or to the other Party's data, or sell, assign, lease or otherwise dispose of the other Party's data, or any part thereof, to third parties.
INTELLECTUAL PROPERTY RIGHTS
You agree that Leading Edge owns all intellectual property rights in the Training Materials and the related documentation throughout the world, that certain rights in the Training Materials and the related documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the related documentation other than the right to use them in accordance with the terms of this Agreement.
Training Course Fees exclude assessment and if applicable, we will conduct an assessment against payment of an Assessment Fee.
CERTIFCATE OF ATTENDANCE
We pride ourselves in the quality of our training courses and strive to maintain quality levels at least commensurate with if not better than prevailing industry standards.
Accordingly, we do not issue certificates of attendance as a matter of course.
A Certificate of Attendance may be issue to you if you attended all modules of the Training Course and have completed the Training Course to our reasonable satisfaction.
If you fail to attend the Training Course and remain in attendance to our reasonable satisfaction, we will not provide you with a certificate of attendance it being agreed and understood that the issuance of a certificate of attendance to a delegate attending a Training Course is within our discretion reasonably exercised with due regard to your attendance record and completion of the Training Course to our reasonable satisfaction.
Registration takes place from 8:30 a.m. on the first day of the course.
You must sign the Attendance Register in reception each morning on arrival at the relevant training venue.
We assume no responsibility of securing your attendance of the relevant Training Course and you must take into consideration traffic congestion on main roads and routes to ensure that you arrive on schedule
Unless otherwise agreed to by us in writing, training is provided between 9:00 a.m. and 16:00 p.m. daily.
GENERAL CONDUCT & RESERVATION OF RIGHT OF ADMISSION
We expect all delegates to conduct themselves in a respectful and orderly and safe manner at all times while receiving training and accordingly, we reserve the right to refuse you admission to any Training Course if your conduct, in our reasonable opinion, interferes with or is likely to interfere with or is otherwise not conducive to the orderly and/or structured delivery of the Training Course in a proper and workman like manner or, generally detracts or has the potential of detracting from the ability of fellow delegates attending the applicable Training Course to receive training in a proper and workmanlike manner.
INTERNET USAGE POLICY
We may provide you with access to the Internet for the purpose of accessing information relevant to the Training Course, however, by using our facilities, you agree that we may monitor, record and publish all Internet usage activity.
Nothing in this Licence shall exclude or in any way limit the Leading Edge's liability for fraud, or for death or personal injury caused by its gross negligence, or any other liability to the extent that may not be legally excluded or limited in law.
We will not be liable under, or in connection with this Agreement or any collateral agreement for loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise (collectively referred to for the sake of convenience as “Losses”) except for Losses caused by our gross negligence or wilful conduct (or that of our employees and agents)
You agree to indemnify and hold us harmless against all cost or Losses suffered or incurred by us due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against us arising out of or relating to a third party's actual or alleged harm, loss or damage caused to your or a delegate’s person or property due to any cause other than our gross negligence or wilful conduct (or that of our employees and agents).
Subject to what is provided above, our maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, delict or otherwise, shall be limited to a sum equal to R10 000.00.
Our liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in South Africa.
These terms set out the full extent of our obligations and liabilities in respect of the supply of the Training Courses, Training Materials and related documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us save as specifically stated in this Agreement.
We may terminate the license granted you in terms of this Agreement upon written notice to you in the following circumstances:
you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 7 calendar days after the service of written notice requiring you to do so; or
the Customer (where it is a company) becomes insolvent or unable to pay its debts, enters into sequestration or liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts.
Upon termination for any reason:
TRANSFER OF RIGHTS AND OBLIGATIONS
The license granted to you in terms of this Agreement is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written approval having been obtained.
However, we may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
In the event of there being any dispute or difference between the parties arising out of this Agreement, the said dispute or difference shall on written demand by either Party be submitted to arbitration in Johannesburg in accordance with the AFSA rules, which arbitration shall be administered by AFSA.
Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between the Parties to the dispute or failing agreement within 5 business days of the demand for arbitration, then any Party to the dispute shall be entitled to forthwith call upon the chairperson of the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the Parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.
Any Party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
Nothing herein contained shall be deemed to prevent or prohibit a Party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
Any arbitration in terms of this clause 24 (including any appeal proceedings) shall be conducted in camera and the Parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration.
This clause 24 will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.
The Parties agree that the written demand by a Party to the dispute in terms of clause 24 that the dispute or difference be submitted to arbitration, is to be deemed as a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be liable to you under this Agreement if we are prevented from or delayed in performing any of our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, or storm.
For so long as the force majeure event persists, our obligations will be suspended and we will have an extension of time for performance for the duration of that period. However, we will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If, at any time during the terms of this Agreement, we do not insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, such failure must not be regarded as a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default must not be regarded as a waiver of any subsequent default.
A waiver by us of any of these terms and conditions shall only be effective if we communicate it to you expressly in writing.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and related documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
GOVERNING LAW & JURISDICTION
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of South Africa.
Without detracting from the provisions of clause 24, the parties irrevocably agree that the High Court of South Africa has jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).