2. FEES PAYABLE AND REFUND<\/strong><\/p>\n

2.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The fees payable to eta in respect of the programmes comprise the following:<\/p>\n

The fees payable to eta and the refund of any monies paid in terms of this agreement are contained in the\u00a0Policy Fees and Payments read with the Programme Fees Schedule<\/strong>\u00a0of\u00a0eta<\/strong>, which forms an integral part of this agreement.<\/p>\n

2.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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 programme.<\/p>\n

3. eta’s RIGHTS<\/strong><\/p>\n

3.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0eta\u00a0<\/strong>has the right to (without limitation):<\/p>\n

3.1.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n

3.1.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Apply\u00a0eta<\/strong>\u2019s 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\u00a0eta\u00a0<\/strong>from time to time without notice to the Applicant;<\/p>\n

3.1.3<\/p>\n

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,\u00a0eta\u00a0<\/strong>Rules and Policies or Code of Conduct or a failure by the Applicant to meet the Performance Requirements;<\/p>\n

3.1.4\u00a0Withhold results and certification for failure by the Applicant or their Parent\/Guardian\/Sponsor to fully fulfil the Applicant\u2019s programme fee payment obligations set out in these Terms and Conditions.<\/p>\n

3.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 It is recorded that a minimum of 15 (fifteen) successful Applicants are required for any programme to be presented and offered by\u00a0eta<\/strong>. In this regard,\u00a0eta\u00a0<\/strong>reserves the right to terminate the presentation of offering of the Programme on the basis of insufficient demand.3.1.4<\/p>\n

3.3 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0eta\u00a0<\/strong>may dismiss an Applicant\u2019s application should the information in this Application be found to be incorrect, incomplete, fraudulent or misleading<\/p>\n

4. APPLICANT’S CURRICULAR OBLIGATIONS<\/strong><\/p>\n

4.1 Applicants whose applications have been successful and subsequently enrolled for the Programme are obliged to complete the learning programmes associated with the Programme within the time frames indicated in the Rules and Policies.<\/p>\n

4.2\u00a0Once an Applicant\u2019s application has been accepted, subject to clause 5 below, he shall not be entitled to a refund of any Programme fees.<\/p>\n

5. COOLING-OFF PERIOD<\/strong><\/p>\n

5.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Applicants are entitled to cancel their registration and claim a refund \u00a0subject to the eta Policy Fees and Payments.COOLING-OFF PERIOD<\/p>\n

6. NON-DELIVERY BY eta<\/strong><\/p>\n

In the event of\u00a0eta\u00a0<\/strong>being unable to present a Programme at a venue operated by eta,\u00a0<\/strong>eta may at its sole and unfettered discretion elect to present the Programme (or part thereof) by way of the use of electronic or other online media.<\/p>\n

7. VIS MAJOR<\/strong><\/p>\n

7.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A\u00a0“vis major event”\u00a0<\/strong>means an event or circumstance which, despite its reasonable effort, and without its fault or negligence, renders\u00a0eta\u00a0<\/strong>unable to fulfil its obligations as set out in these Terms and Conditions and includes the following:<\/p>\n

7.1.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Any act of God;<\/p>\n

7.1.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Civil commotion, riot, invasion, war threat or preparation for war and other hostilities;<\/p>\n

7.1.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster;<\/p>\n

7.1.4 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Strikes, lock-outs and other industrial action;<\/p>\n

7.1.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;<\/p>\n

7.1.6 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Political interference with the normal operations of any Party; and<\/p>\n

7.1.7 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Embargo, restrictions or requirements or other acts by any government or other lawful authority.<\/p>\n

7.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In the event of a vis major event occurring,\u00a0eta\u00a0<\/strong>has the right, without penalty or reprogramme, to cease the presentation of the Programme (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 Programme (or the balance thereof where applicable) .<\/p>\n

8. ACKNOWLEDGEMENTS BY APPLICANT<\/strong><\/p>\n

The Applicant acknowledges that:<\/p>\n

8.1\u00a0He 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\u00a0eta\u00a0<\/strong>against all claims, (including claims by third parties) charges, lawsuits, damages, orders and expenditures whatsoever or howsoever arising.<\/p>\n

8.2\u00a0The Programme may contain practical components and as such includes lectures and fieldwork components. The fieldwork includes practical work experience at workplace sites prescribed by\u00a0eta\u00a0<\/strong>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\u00a0eta.\u00a0<\/strong>These times may include evenings, early mornings, weekends and public holidays;<\/p>\n

9. TRANSFERS BETWEEN eta REGIONS<\/strong><\/p>\n

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 programme across different eta regions.<\/p>\n

10. INTELLECTUAL PROPERTY<\/strong><\/p>\n

All intellectual property rights in the Programme materials provided by\u00a0eta\u00a0<\/strong>to the Applicant shall remain\u00a0eta\u00a0<\/strong>or its licensors’ property.<\/p>\n

11. CONFIDENTIALITY<\/strong><\/p>\n

Any information and materials relating to\u00a0eta\u00a0<\/strong>or its business disclosed to the Applicant by or on behalf of\u00a0eta\u00a0<\/strong>prior to or after the enrolment for the Programme by the Applicant, shall remain the proprietary information of\u00a0eta\u00a0<\/strong>and shall not be used or disclosed by the Applicant to any third party without the written permission of\u00a0eta<\/strong>.<\/p>\n

12. NOTICES AND DOMICILIUM<\/strong><\/p>\n

12.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Parties choose as their respective\u00a0domicilia citandi et executandi<\/em>\u00a0for 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.<\/p>\n

12.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n

13. APPLICABLE LAW AND JURISDICTION<\/strong><\/p>\n

13.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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<\/p>\n

13.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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\u00a0eta\u00a0<\/strong>exceeds the normal jurisdiction of the Magistrate’s Court as to the amount thereof. The\u00a0eta<\/strong>\u00a0shall, in its sole and unfettered discretion, be entitled to legal proceedings against the Applicant in any other court of competent jurisdiction, notwithstanding a foregoing.<\/p>\n

13.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n

14. PROTECTION OF PERSONAL INFORMATION<\/strong><\/p>\n

14.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Applicant hereby consents to the processing of his Personal Information as contained in the Application by eta for purposes of presenting the Programme, entering into communications with the Applicant, statistical and research purposes and enforcing and implementing the terms of the Terms and Conditions.<\/p>\n

15. SOLE AGREEMENT<\/strong><\/p>\n

The Applicant acknowledges that these Terms and Conditions, together with the annexes, policies on the\u00a0eta\u00a0<\/strong>website 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.<\/p>\n

16. WAIVER<\/strong><\/p>\n

No relaxation or indulgence granted to the Applicant by\u00a0eta<\/strong>, , shall be deemed to be a waiver of any of\u00a0eta’s\u00a0<\/strong>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\u00a0eta<\/strong>. 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.<\/p>\n

17. NATIONAL CREDIT ACT<\/strong><\/p>\n

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.<\/p>\n

18. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT<\/strong><\/p>\n

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

Full name and legal status \u2013<\/p>\n

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<\/strong><\/p>\n

Physical address and telephone number-<\/p>\n

WPCC Sport Centre, Ave de Mist, Rondebosch 7700<\/strong><\/p>\n

Web site address and e-mail address \u2013<\/p>\n