registration terms2017-08-29T11:49:41+00:00

REGISTRATION TERMS

Main Qualifications Terms and Conditions

TERMS AND CONDITIONS OF REGISTRATION

AGREED UPON BETWEEN

The Exercise Teachers Academy (Pty) Ltd Registration No. 2005/021935/07 (eta)

AND

The Applicant

(“Terms and Conditions”)

Note: These Terms and Conditions must be read with and form an integral part of the eta Application Form to which they are attached.

  1. INTERPRETATION

1.1             In these Terms and Conditions, unless the context clearly indicates a contrary intention: -

1.1.1           Any gender shall include the other genders.

1.1.2           A natural person includes an artificial person and vice versa.

1.1.3          The singular includes the plural and vice versa.

1.2           The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning unless inconsistent or otherwise   indicated by the context:

1.2.1          “Applicant” / “You” or “Yourself” means the person whose particulars appear as such in the Application Form;

1.2.2          “Application Form” means the application to which these terms and conditions are attached;

  • “Course Fees Schedule” means eta’s applicable Course Fee Schedule(a copy of which can be found here)and as may be amended or supplemented from time to time;
  • “Code of Conduct and Performance Requirements” means eta’s applicable Code of Conduct and Performance   Requirements(a copy of which can be found here and as may be amended or supplemented from time to time
  • “Course” means the course selected by the Applicant in the Application;
  • “Electronic Communications and Transactions Act” means the Electronic Communications and Transactions Act No. 25 of 2002;
  • “Fees and Payment Policy” means eta’s applicable Fees and Payment Policy(a copy of which can be found here)and as may be amended or supplemented from time to time;
  • eta” / “Us” or We” means Exercise Teachers Academy (Pty) Ltd Registration No. 2005/021935/07, a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa;
  • “Magistrate's Court Act” means the Magistrate's Court Act No.32 of 1944;
  • “National Credit Act” means the National Credit Act No. 34 of 2005;
  • “Parties” means the Applicant, his/her Parent or Guardian (if applicable) and eta;
  • “Payment Options” means the payment structure as set out in eta’sFees and Payment Schedule as attached hereto and as may be amended or supplemented from time to time;
  • “Personal Information” means “personal information” as defined in section 1 of the Protection of Personal Information Act No. 4 of 2013;
  • “Prescribed Rate of Interest Act” means the Prescribed Rate of Interest Act No. 55 of 1975;
  • “the Protection of Personal Information Act: means the Protection of Personal Information

Act No. 4 of 2013;

  • “Policies for Cancellations and Refunds” means eta’s Policies for Cancellations and Refunds (a copy of which can be found here) and as may be amended or supplemented from time to time.
  • “Rules and Policies” means eta’s applicable Rules and Policies as (which can be found here) and as may be amended or supplemented from time to time
  • Clause headings have been inserted for convenience only, and shall not be taken into account in interpreting these Terms and Conditions.
  • Annexures to and policies, available on the eta website and referred to in these Terms and Conditions shall be deemed to be incorporated in and form part of the Terms and Conditions and shall have the same force and effect as if they were contained in the body of the Terms and Conditions.
  • Any communication which is required to be “in writing” in terms of these Terms and Condition shall mean legible writing in English and includes a communication which is written or produced by any substitute for writing or which is partly written or partly so produced, and shall include printing, typewriting, lithography, facsimile and electronic mail and any form of electronic communication contemplated in the Electronic Communications and Transactions Act.
  • When any number of days is prescribed in these Terms and Conditions, same shall be reckoned exclusive of the first and inclusive of the last day unless the last day falls on a day that is not a business day in which case the last day shall be the next succeeding business day.
  • If any obligation or act is required to be performed on a particular day it shall be performed (unless otherwise stipulated) by 17h00 (local time at the place where the obligation or act is required to be performed) on that day

2. FEES PAYABLE

2.1           The fees payable to eta in respect of the courses comprise the following:

2.1.1          Where applicable, the non-refundable registration fee, payable upon registration.

2.1.2         Subject to clause 5 below, the full Course fee in respect of the Course, which is payable in accordance with theFees and Payment Policy read with the Course Fees Schedule for the year of registration.

2.2             The fees referred to in clause 2.1 do not include any external institute membership fees, other public or private university fees, supplementary assessment fees, stationery, transport costs, or any costs in respect of meals and/or refreshments and pertain only to enrolment and participation in the Course

3. eta's RIGHTS

3.1            eta has the right to (without limitation):

3.1.1         Combine classes of a similar academic level and content and to change the syllabus at any time should the requirements by accreditation or registration bodies so demand;

3.1.2         Apply eta’s Rules and Policies, Code of Conduct and Performance Requirements and the Applicant hereby agrees to be bound by such Rules, Policies, Code of Conduct and Performance Requirements as may be amended by eta from time to time without notice to the Applicant;

3.1.3 Exclude the Applicant from lectures, tutoring and or assessment, to withhold results and or dismiss an Applicant for failure to comply with these Terms and Conditions, eta Rules and Policies or Code of Conduct or a failure by the Applicant to meet the Performance Requirements;

3.1.4  Withhold results and certification for failure by the Applicant or their Parent/Guardian/Sponsor to fully fulfil the Applicant’s course fee payment obligations set out in these Terms and Conditions.

3.2             It is recorded that a minimum of 15 (fifteen) successful Applicants are required for any course to be presented and offered by eta. In this regard, etareserves the right to terminate the presentation of offering of the Course on the basis of insufficient demand.

3.3            eta may dismiss an Applicant’s application should the information in this Application be found to be incorrect, incomplete, fraudulent or misleading

  1. APPLICANT'S CURRICULAR OBLIGATION

4.1 Applicants whose applications have been successful and subsequently enrolled for the Course are obliged to complete the learning programmes associated with the Course within the time frames indicated in the Rules and Policies.

4.2 Once an Applicant’s application has been accepted, subject to clause 5 below, he shall not be entitled to a refund of any Course fees.

  1. COOLING-OFF PERIOD

5.1             Applicants are entitled to cancel their registration and withdraw their application prior to Course commencement, provided they exercise such election within 5 business days of submission of the Application.  Such cancellation will be subject to thePolicy for Cancellations and Refunds.

  1. NON-DELIVERY BY eta

In the event of eta being unable to present a Course at a venue operated by eta, eta may at its sole and unfettered discretion elect to present the Course (or part thereof) by way of the use of electronic or other online media.

  1. VIS MAJOR

7.1            A"vis major event" means an event or circumstance which, despite its reasonable effort, and without its fault or negligence, renders etaunable to fulfil its obligations as set out in these Terms and Conditions and includes the following:

7.1.1         Any act of God;

7.1.2         Civil commotion, riot, invasion, war threat or preparation for war and other hostilities;

7.1.3          Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster;

7.1.4         Strikes, lock-outs and other industrial action;

7.1.5          Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

7.1.6         Political interference with the normal operations of any Party; and

7.1.7         Embargo, restrictions or requirements or other acts by any government or other lawful authority.

7.2             In the event of a vis major event occurring, eta has the right, without penalty or recourse, to cease the presentation of the Course (through whatever medium) for the duration of the vis major event and for such reasonable period thereafter as may be required to arrange its fairs such that it is capable of presenting the Course (or the balance thereof where applicable) .

  1. ACKNOWLEDGEMENTS BY APPLICANT

The Applicant acknowledges that:

8.1 He or she may be exposed to risks to life, bodily injury, health, and illness, damage to property or personal liability and, in the full knowledge of the risks, indemnifies and holds harmless eta against all claims, (including claims by third parties) charges, lawsuits, damages, orders and expenditures whatsoever or howsoever arising.

8.2 The Course may contain practical components and as such includes lectures and fieldwork components. The fieldwork includes practical work experience at workplace sites prescribed by eta from time to time. It is agreed that any such fieldwork shall be unpaid. The Applicant agrees to implement his fieldwork at times and venues stipulated by the eta. These times may include evenings, early mornings, weekends and public holidays;

  1. TRANSFERS BETWEEN eta REGIONS

The applicant may not transfer, cede, assign or otherwise alienate any right and/or obligation arising from these Terms and Conditions without the prior written consent of eta. eta, shall however use reasonable commercial endeavours to allow an applicant to undertake his course across different eta regions.

  1. INTELLECTUAL PROPERTY

                  All intellectual property rights in the Course materials provided by eta to the Applicant shall remain eta or its licensors' property.

  1. CONFIDENTIALITY

Any information and materials relating to eta or its business disclosed to the Applicant by or on behalf of eta prior to or after the enrolment for the Course by the Applicant, shall remain the proprietary information of eta and shall not be used or disclosed by the Applicant to any third party without the written permission of eta.

  1. NOTICES AND DOMICILIUM

12.1           The Parties choose as their respective domicilia citandi et executandifor all purposes in terms of these Terms and Conditions, and at which address delivery or service of all notices and legal documents shall be given, the addresses reflected in the Application.

12.2           Any Party shall be entitled to change the abovementioned address to any other address by delivering not less than 5 (Five) days written notice to that effect to the other Party.

  1. APPLICABLE LAW AND JURISDICTION

13.1          These Terms and Conditions, the annexes hereto and the Application will in all respects be governed by and construed under the laws of the Republic of South Africa

13.2          The Applicant consents to the non-exclusive jurisdiction of the Magistrate's Court in terms of Section 45 of the Magistrate's Court Act having jurisdiction under Section 28 of the Magistrate's Court Act, notwithstanding the fact that that the claim by eta exceeds the normal jurisdiction of the Magistrate's Court as to the amount thereof. The etashall, in its sole and unfettered discretion, be entitled to legal proceedings against the Applicant in any other court of competent jurisdiction, notwithstanding a foregoing.

13.3           In the event of eta, instituting legal action against the Applicant, for purposes of enforcing any of its rights in terms of these Terms and Conditions, the Applicant shall be liable for payment of such costs on an attorney and own client scale.

  1. PROTECTION OF PERSONAL INFORMATION

14.1           The Applicant hereby consents to the processing of his Personal Information as contained in the Application by eta for purposes of presenting the Course, entering into communications with the Applicant, statistical and research purposes and enforcing and implementing the terms of the Terms and Conditions.

  1. SOLE AGREEMENT

The Applicant acknowledges that these Terms and Conditions, together with the annexes, policies on the etawebsite referred to herein and the Application, constitutes the sole record of the agreement between the Parties concerning the subject matter hereof, and supersedes and overrides all previous agreements between the Parties, whether written or oral.

  1. WAIVER

No relaxation or indulgence granted to the Applicant by eta, , shall be deemed to be a waiver of any of eta's rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the Terms and Conditions set out herein, or create any estoppel against eta. No waiver of these Conditions will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given.

  1. NATIONAL CREDIT ACT

It is specifically recorded that the National Credit Act is not applicable to these Terms and Conditions as no charge, fee or interest is payable by the applicable in exchange for the right to defer any payment herein. eta shall however be entitled levy interest at the rate prescribed in the Prescribed Rate of Interest Act in respect of any payments which are not received on the due date therefore.

  1. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

In compliance with section 43 of Electronic Communications and Transactions Act, 2002, eta draws your attention to the following information relating to it:

Full name and legal status –

Exercise Teachers Academy (Pty) Ltd Registration No. 2005/021935/07, a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa

Physical address and telephone number-

WPCC Sport Centre, Ave de Mist, Rondebosch 7700

Web site address and e-mail address –

www.etacollege.com

info@etacollege.com

The registration number, the names of its office bearers and its place of registration –

2005/021935/07

Linda Halliday & Stephen Harris

South Africa

The physical address where eta will receive legal service of documents

WPCC Sport Centre, Ave de Mist,

Rondebosch 7700

A sufficient description of the main characteristics of the goods or

services offered by eta

eta College is a private higher education and training college specialising in qualifications that lead to employment in the sport and fitness industries.

 the full price of the goods or services, including transport costs, taxes and any other fees or costs –

See Fees and Payment Policy

The manner of payment

See Fees and Payment Policy

 Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers -

Payment Schedule will be sent separately

The time within which the goods will be dispatched or delivered or within which the services will be rendered –

See Rules and Policies

The manner and period within which the User can access and maintain a full record of the transaction –

A copy of these terms and conditions and the Applicant’s records can be obtained upon written demand together with payment of such reasonable inspection fee as may be determined by eta from time to time

The return, exchange and refund policy of the Provider –

See Policies for Cancellations and Refunds

The security procedures and privacy policy of that supplier in respect of payment, payment information and personal information –

eta uses its reasonable commercial endeavours to implement and maintain adequate data security safeguards 

  1. SEVERABILITY

If any clause of these Terms and Conditions shall be found to be invalid by any competent court, the remaining clauses shall remain valid and enforceable.

  1. VARIATION

No notice, variation, addition, deletion, or agreed cancellation of these Terms and Conditions, the annexes or Application Form hereto, will be of any force or effect unless in writing and signed by or on behalf of the Parties hereto

Short Courses Terms and Conditions

TERMS AND CONDITIONS OF REGISTRATION AGREED UPON BETWEEN

The Exercise Teachers Academy (Pty) Ltd Registration No. 2005/021935/07 (eta)

AND The Applicant

NOTE: These Terms and Conditions must be read with and forms an integral part of the eta Application process.

1. FEES PAYABLE:

1.1                 The fees payable to eta in respect of the study of the module comprise the following:

1.1.1             The course deposit, being 30% of the course fees, payable 2 (two) calendar weeks prior to the date of commencement of the course (hereinafter, "Commencement Date"), which Commencement Date shall be set out in the Official Acceptance Letter issued to the Student by eta once it has confirmed that the application is successful; and

1.1.2             Subject to clause 4 below, the balance of tuition fees, in respect of the course chosen, is payable on Commencement Date.

1.2                 The fee mentioned in clause 1.1 may not be transferred to another person or to another eta region. Students must at all times ensure that they complete the registration form specific to the region through which they intend to study and must use the correct bank account number for payment.   Failure to do so will result in the Student being liable for the costs of transferring the money to the correct bank account.

1.3                 The fees referred to in clause 1.1 do not include any external institute membership fees, university fees, supplementary assessment fees, stationery, transport costs, or any costs in respect of meals and/or refreshments.

1.4                 It is specifically recorded that the registration of the Student for the chosen eta course is only confirmed once the fee referred to in clause 1.1.1 has been received by eta and all the relevant Signatories (that is, the Student and/or Parent/Guardian, where appropriate) have signed the registration form annexed hereto.( Applicant for the chosen eta course has legal effect  once the fee referred to in clause 1.1.1 has been received by eta and all the relevant persons (that is, the Applicant and Parent or Guardian, where appropriate) have signed the Application Form, the Terms and Conditions, any other applicable documentation and the Applicant has indicated that he/she is bound by eta’s Policies, Rules and Code of Conduct and eta has informed the Applicant that he/she has been registered.)

2. eta's RIGHTS:

2.1                 The eta has the right to:

2.1.1             Combine classes of a similar academic level and content

2.1.2             Apply eta’s Rules and Policies, Code of Conduct and Performance Requirements and the Applicant hereby agrees to be bound by such Rules, Policies, Code of Conduct and Performance Requirements as may be amended by eta from time to time without notice to the Applicant

2.1.3             Exclude the Applicant from lectures, tutoring and or assessment, to withhold results and or dismiss an Applicant for failure to comply with these Terms and Conditions, eta rules, Policies and Code of Conduct or a failure by the Applicant to meet the Performance Requirements.

2.1.4             Withhold results and certification for failure by the Applicant or their Parent/Guardian/Sponsor to fully fulfil the Applicant’s course fee payment obligations set out in these Terms and Conditions.

2.2                 It is recorded that a minimum of 15 (fifteen) registered Applicants is required for any course to be run by eta. In this regard, eta therefore has the right to cancel the teaching of any course offered on the basis of insufficient demand.

2.3                 The eta may disqualify an Applicant’s application should the information on the Application Form submitted be found to be incorrect or fraudulent.

3. APPLICANT’S CURRICULAR OBLIGATIONS:

3.1                 Applicants who have been registered are obliged to complete their learning programmes within the time frames indicated in the eta Policies for registration.

3.2                 The Applicant’s failure to attend lectures for whatever reason shall in no way entitle him/her to a refund of tuition fees. Furthermore, the right to attend lectures and take assessments is not transferable by the Student to another person.

 

4. CANCELLATION  

4.1                 Once the course has commenced, no refunds or cancellations will be considered.

4.2                 10% of full course fee is non-refundable if a student cancels less than fourteen days before the course Commencement Date.

4.3                 If a student has paid in full and a cancellation notice is received in writing prior to fourteen days before Commencement Date of the course, course fees will be refunded less 5%.

 

5. NON-DELIVERY BY eta

In the event of eta being unable to deliver learning at a venue operated by  eta or due to  eta's failure to meet its obligations to its Applicants, the directors undertake to deliver the balance of any learning due to the Applicant (in good financial standing with the eta) through the medium of Distance Learning. The Applicant agrees to the provision of this alternative teaching by eta.

 

6. TRANSFERS BETWEEN eta REGIONS:   

6.1                 Transfer of a student from one eta campus to another or between an eta campus and distance learning is possible.

6.2                 Although the mode of study would change with transferring between campuses to distance learning, the fees remain unchanged.

 

7. VIS MAJOR:

7.1                 A "vis major event" means an event or circumstance that, despite its reasonable effort, and without its fault or negligence, eta is unable to control and includes the following:

7.1.1             Any act of God;

7.1.2             Civil commotion, riot, invasion, war threat or preparation for war and other hostilities;

7.1.3             Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster;

7.1.4             Strikes, lock-outs and other industrial action;

7.1.5             Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

7.1.6             Political interference with the normal operations of any party; and

7.1.7             Embargo, restrictions or requirements or other acts by any government or other lawful authority.

7.2                 In the event of a vis major event occurring, eta has the right to cease lectures and close the applicable college temporarily. Whilst eta undertakes to make every effort to resume lectures as soon as possible, no warranties are made in this regard and no refund of tuition fees will be made.

 

8. ACKNOWLEDGEMENTS AND INDEMNIFICATION BY APPLICANT:

The Applicant acknowledges that:

8.1           He or she may be exposed to risks to life, bodily injury, health, and illness, damage to property or personal liability and, in the full knowledge of the risks, indemnifies eta against all claims, (including claims by third parties) charges, lawsuits, damages, orders and expenditures whatsoever arising from the abovementioned or in the attendance at lectures or training in any workshop, laboratory or other place or any excursion, event or sporting activity with or without eta;

8.2           The course provided by eta is occupationally based and as such includes lectures and fieldwork components. The fieldwork includes practical work experience at workplace sites prescribed by eta from time to time. It is agreed that any such fieldwork is not paid employment but may result in offers of employment for the Applicant. The Applicant agrees to implement his fieldwork hours at times and venues stipulated by the eta. This could be evenings, early mornings, weekends and public holidays or during term holidays;

8.3           The information given in the Application Form is warranted to be accurate and correct in all respects; and

8.4           He or she has read and understood these Terms and Conditions and agrees to be bound thereby and by the Policies and Procedures of eta in force for the time being and for any period during which the Applicant is registered with eta.

 

9. INTELLECTUAL PROPERTY:

All intellectual property rights in the course materials provided by eta to the Student shall remain eta or its licensors' property.

 

10. CONFIDENTIALITY:

10.1            Any information and materials relating to eta or its business disclosed to the Applicant by or on behalf of eta prior to or after the entering into any contract with the Applicant, shall be the confidential information of eta and shall not be used or disclosed by the Applicant to any third party without the written permission of eta.

10.2            The Applicant further consents that personal information may be used for communication about his/her enrolment and related activities as well as for statistical and marketing purposes and that he/she has the right to terminate this use at any time by written notice to eta.

 

11. NOTICES AND DOMICILIUM:

11.1          The Parties choose as their respective domicilia citandi et executandi for all purposes in terms of these Terms and Conditions, and at which address delivery or service of all notices and legal documents shall be given, the addresses reflected in the Application Form.

11.2          Any Party shall be entitled to change the abovementioned address to any other address with not less than 5 (Five) days written notice to that effect to the other Party.

11.3          Any notice shall be effected in writing and such notice shall be deemed to have reached the addressee within 5 (Five) business days of dispatch or at the time of delivery thereof.

11.4          Notwithstanding anything to the contrary or implied in these Terms and Conditions, a written notice or communication actually received by one of the Parties from another, including by way of facsimile transmission or electronic communication, shall be adequate written notice or communication to such Party.

 

12. APPLICABLE LAW AND JURISDICTION:

12.1               These Terms and Conditions, the annexes hereto and the Application Form  will in all respects be governed by and construed under the laws of the Republic of South Africa and/or the laws of the country in which the eta course is being offered.

12.2               The Applicant consents to the non-exclusive jurisdiction of the Magistrate's Court in terms of Section 45 of the Magistrate's Court Act No.32 of 1944, notwithstanding that the claim by eta exceeds the normal jurisdiction of the Magistrate's Court as to the amount claimed. The eta shall, in its discretion, be entitled to proceed against the Applicant in any other court of competent jurisdiction, notwithstanding the aforegoing.

 

13. DISPUTE RESOLUTION

13.1               Should any dispute, disagreement or claim arise between the Parties (called hereafter “the dispute”) concerning these Terms and Conditions, the Parties shall try to resolve the dispute by negotiation. This entails that the one Party invites the other in writing to a meeting to attempt to resolve the dispute within 7 (Seven) days from date of the written invitation. If no such meeting is held, or if the dispute has not been resolved by such negotiation, the Parties shall submit the dispute to the Arbitration Foundation of Southern Africa (AFSA) administered mediation, upon the terms set by the AFSA Secretariat.

13.2               Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of AFSA by an arbitrator or arbitrators appointed by AFSA.

13.3          The arbitration shall be conducted in the city or town where the Applicant is registered, in English, and the law of South Africa shall apply to the arbitration. Any reference to arbitration shall not relieve either Party from any liability for the due and punctual performance of its obligations under these Terms and Conditions.

14. SOLE AGREEMENT

The Applicant acknowledges that these Terms and Conditions, together with the annexes and Application Form, constitutes the sole record of the agreement between the Parties concerning the subject matter hereof, and supersedes and overrides all previous agreements between the Parties, whether written or oral.

15. WAIVER

No relaxation or indulgence granted to the Applicant by eta, at any time, shall be deemed to be a waiver of any of eta's rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the Terms and Conditions set out herein, or create any estoppel against eta. No waiver of these Conditions will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given.

16. VARIATION

No notice, variation, addition, deletion, or agreed cancellation of these Terms and Conditions, the annexes or Application Form hereto, will be of any force or effect unless in writing and signed by or on behalf of the Parties hereto.

17. ASSIGNMENT

The Applicant shall not at any time cede or assign any of its rights or obligations under these Terms and Conditions without the prior written consent of eta.

18. SEVERABILITY

If any clause of these Terms and Conditions shall be found to be invalid by any competent court, the remaining clauses shall remain valid and enforceable.

Specialisations Terms and Conditions

TERMS AND CONDITIONS OF REGISTRATION AGREED UPON BETWEEN

The Exercise Teachers Academy (Pty) Ltd Registration No. 2005/021935/07 (eta)

AND The Applicant

NOTE: These Terms and Conditions must be read with and forms an integral part of the eta Application process.

  1. FEES PAYABLE:
  • The course fee in respect of the course chosen is payable in full before the date of commencement of the course.
  • The registration of the Student for the chosen course is only confirmed once the course fee has been received by eta and all the relevant Signatories (that is, the Student and/or Parent/Guardian, where appropriate) have signed the registration form annexed hereto, the Terms and Conditions, any other applicable documentation and the Applicant has indicated that he/she is bound by eta’s Policies, Rules and Code of Conduct and eta has informed the Applicant that he/she has been registered.
  1. eta's RIGHTS:

The eta has the right to:

  • It is recorded that a minimum of 5 (five) registered Applicants is required for any course to be run by eta. In this regard, eta therefore has the right to cancel the teaching of any course offered on the basis of insufficient demand.
  1. CANCELLATION  
    • Once the course has commenced, no refunds or cancellations will be considered.
    • 10% of full course fee is non-refundable if a student cancels less than fourteen days before the course Commencement Date.
    • If a student has paid in full and a cancellation notice is received in writing prior to fourteen days before Commencement Date of the course, course fees will be refunded less 5%.
  1. ACKNOWLEDGEMENTS AND INDEMNIFICATION BY APPLICANT:

The Applicant acknowledges that:

  • He or she may be exposed to risks to life, bodily injury, health, and illness, damage to property or personal liability and, in the full knowledge of the risks, indemnifies eta against all claims, (including claims by third parties) charges, lawsuits, damages, orders and expenditures whatsoever arising from the abovementioned or in the attendance at lectures or training in any workshop, laboratory or other place or any excursion, event or sporting activity with or without eta;
  • The course provided by eta is practically based and as such includes minimal lectures and intense practical components.
  • The information given in the Application Form is warranted to be accurate and correct in all respects; and
  • He or she has read and understood these Terms and Conditions and agrees to be bound thereby and by the Policies and Procedures of eta in force for the time being and for any period during which the Applicant is registered with eta.
  1. INTELLECTUAL PROPERTY:

All intellectual property rights in the course materials provided by eta to the Student shall remain eta or its licensors' property.

  1. CONFIDENTIALITY:
  • Any information and materials relating to eta or its business disclosed to the Applicant by or on behalf of eta prior to or after the entering into any contract with the Applicant, shall be the confidential information of eta and shall not be used or disclosed by the Applicant to any third party without the written permission of eta.
  • The Applicant further consents that personal information may be used for communication about his/her enrolment and related activities as well as for statistical and marketing purposes and that he/she has the right to terminate this use at any time by written notice to
  1. APPLICABLE LAW AND JURISDICTION:
  • These Terms and Conditions, the annexes hereto and the Application Form will in all respects be governed by and construed under the laws of the Republic of South Africa and/or the laws of the country in which the eta course is being offered.
  • The Applicant consents to the non-exclusive jurisdiction of the Magistrate's Court in terms of Section 45 of the Magistrate's Court Act No.32 of 1944, notwithstanding that the claim by eta exceeds the normal jurisdiction of the Magistrate's Court as to the amount claimed. The eta shall, in its discretion, be entitled to proceed against the Applicant in any other court of competent jurisdiction, notwithstanding the aforegoing.
  1. WAIVER

No relaxation or indulgence granted to the Applicant by eta, at any time, shall be deemed to be a waiver of any of eta's rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the Terms and Conditions set out herein, or create any estoppel against eta. No waiver of these Conditions will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given.

  1. VARIATION

No notice, variation, addition, deletion, or agreed cancellation of these Terms and Conditions, the annexes or Application Form hereto, will be of any force or effect unless in writing and signed by or on behalf of the Parties hereto.

  1. ASSIGNMENT

The Applicant shall not at any time cede or assign any of its rights or obligations under these Terms and Conditions without the prior written consent of eta.

  1. SEVERABILITY

If any clause of these Terms and Conditions shall be found to be invalid by any competent court, the remaining clauses shall remain valid and enforceable.