Terms and Conditions Of Sale - Diversit-e Smart Trade College

TERMS AND CONDITIONS OF AN ONLINE PURCHASE

1.         INTRODUCTION

 

1.1   The Customer agrees and acknowledges that these Terms and Conditions contain the contractual terms of the relationship between the Parties in relation to the Subscription Services rendered by Diversit-e Smart Trade College to the Customer. By accessing and using the Subscription Services, and in particular indicating your acceptance of the terms by clicking on the “I have read and agree to the Terms and Conditions” button as provided for on the Website (which shall constitute and electronic signature in terms of ECTA, to the extent required), the Customer agrees to be bound by the Terms and Conditions set out in this document in respect of the Subscription Services to be supplied or provided by Diversit-e Smart Trade College.

 

2.         INTERPRETATION AND DEFINITION

 

2.1.      In these Terms & Conditions the following words shall bear the meanings as set out hereinbelow:

 

2.1.1.    “Business Day” means any day of the week, excluding Saturdays, Sundays and gazetted public
holidays in the Republic of South Africa;

 

2.1.2.    “Checkout” means the process of finalising an enrolment for the Subscription Services for
specific Course Content by making payment of the items in the Customer’s cart on the Website via the PayFast payment gate;

 

2.1.3.    “Course Content” means any one or more of the following online training courses: 

 

(i)            Forex Trading;

(ii)           Forex for Beginners;

(iii)          Forex VOD;

(iv)          Advance Trading Tools;

(v)           CFDs and Stocks;

(vi)          Crypto Currencies;

(vii)        Metatrader Tutorials;

(viii)       Metatrader Mobile; and

(ix)          Social Trading 

(x)       Introduction to the JSE (slideshow presentation)

(xi)           Coaching via webinar sessions  

  

The Subscription Fee, content, specifications and details of which are more fully set out on the Website, and which shall include any additional courses or content as may be made available on the Website from time to time; 

 

2.1.4     “CFD” means Contract for Difference

 

2.1.5     “CPA” means the Consumer Protection Act, No. 68 of 2008, as amended;

 

2.1.6    “Customer” means the party who enlists for the Subscription Services of Diversit-e Smart Trade College; 

 

2.1.7     “Customer’s Address” means the Customer’s E-mail and physical address as provided by the
Customer on the Website and as appear more fully on the Invoice rendered by Diversit-e Smart Trade College to the Customer;

 

2.1.8   “Default Rate” means the publicly quoted prime lending rate of interest (percent, per annum, compounded monthly in arrears and calculated on a 365 day year irrespective of whether or not the year is a leap year) as published by Nedbank Limited plus 2% (two percent);

 

2.1.9.    “Diversit-e Smart Trade College” means by Diversit-e Smart Trade College (Pty) Ltd
(Registration Number: 2016/305525/07), a private limited liability company, duly incorporated
and registered in accordance with the company laws of the Republic of South Africa;
 

 

2.1.10   “DTSC’s Address” means Diversit-e Smart Trade College’s E-mail and physical address as more fully set out on the Invoice rendered by Diversit-e Smart Trade College to the Customer; 

 

2.1.11  “DTSC’s Account” means the bank account nominated by Diversit-e Smart Trade College into which payments are to be made in terms hereof; 

 

2.1.12   “ECTA” means the Electronic Communications and Transaction Act, No. 25 of 2002, as amended;

 

2.1.13.  “Forex” means Foreign Exchange Market;

 

2.1.14   “Invoice” means an invoice or bill rendered by Diversit-e Smart Trade College to the Customer in
respect of the Subscription Services to be rendered by Diversit-e Smart Trade College to/for or on behalf of the Customer, which document shall set out a description of the Course Content and the Subscription Fees payable in respect of the Subscription Services for which the Customer is liable and which document shall, to the extent applicable, comply with the requirements of a “tax invoice” as set out in respect of the VAT Act;

 

2.1.15 “Intellectual Property Rights” means (without limitation) the rights in and to the trademarks, service marks, trade names, domain names, logos, get-up, marketing, registrations and patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), copyright, source content, software, ratings, and all similar proprietary rights, whether registered or not, in relation to the Course Content;

 

2.1.16  “Invoice Date” means the date on which the invoice, in respect of the Subscription Services is issued and delivered to the Customer by Diversit-e Smart Trade College; 

 

2.1.17   “Parties” means Diversit-e Smart Trade College and the Customer, collectively 

 

2.1.18   “Privacy Policy” means the privacy policy of Diversit-e Smart Trade College, from time to time,
available at 
Privacy Policy;

 

2.1.19  “Related Services”means the additional or value added services made available by Diversit-e Smart Trade College to the Customer on the Website which include but are not limited to on-site Customer coaching,  free forex courses, free e-books, and or introductory services on a referal basis to third-parties which includes opening of real time trading accounts or CopyKat trade Accounts and or self-trade mentoring;

 

2.1.20   “Subscription Services” means the service rendered by Diversit-e Smart Trade College being the
provision of an e-learning platform which makes certain course content available to the Customer in exchange for payment of a subscription fee;

 

2.1.21   “Subscription Fee” means the fee payable in respect of the Subscription Services; 

 

2.1.22   “Terms & Conditions” means these general terms and conditions, as they may be amended from time to time; 

 

2.1.23   “Terms and Conditions of Use” means the terms and conditions of use of the Website, available 
at 
Website Use;

 

2.1.24  “VAT Act” means the Value Added Tax Act, No. 89 of 1991, as amended; and

 

2.1.25  “Website” means the Website located at the following Website URL and hosted by Diversit-e Smart
Trade College,

 

2.2    For purposes of these Terms and Conditions, the following rules of construction shall apply, unless
otherwise provided and/or the context otherwise requires –

 

2.2.1     unless inconsistent with the context, words relating to one gender shall include the other gender,
words relating to the singular shall include the plural and the other way around (vice versa) and words relating to natural persons shall include juristic persons and the other way around (vice versa); 

 

2.2.2.    when any number of days is prescribed in these Terms & Conditions, same shall be reckoned
exclusively of the first and inclusively of the last day, and shall include Saturdays, Sundays and gazetted public holiday within the Republic of South Africa;

 

2.2.3.    where the day upon or by which any act is required to be performed falls upon a Saturday, Sunday or gazetted public holiday within the Republic of South Africa, the Parties shall be deemed to have intended that the act shall be required to be performed on the next succeeding Business Day; 

 

2.2.4.   in these Terms & Conditions all titles and headings are used for reference and convenience only and are in no way deemed to explain, modify, amplify or aid in the interpretation of these Terms & Conditions;

 

2.2.5.    references to notices, statements and other communications by or from Diversit-e Smart Trade
College include notices, statements and other communications by or from Diversit-e Smart Trade College’s agent, representatives and/or consultants.

 

3.         ENLISTING FOR SUBSCRIPTION SERVICES

 

3.1.   Diversit-e Smart Trade College shall offer Course Content on its Website from time to time, which
shall clearly set out the Subscription Fee, content, specifications and details in respect of such Course Content and the Subscription Services related thereto.

 

3.2    By enrolling for certain Course Content and proceeding to Checkout the Course Content, the
Customer shall be deemed to have accepted the offer for the Subscription Services which shall constitute a binding agreement between the Parties and which shall be subject to these Terms & Conditions.

 

4.         SPECIAL PROVISIONS RELATING TO THE SUBSCRIPTION SERVICES 

4.1      Subscription Plans

      The Customer shall be entitled to select from four subscription plans in respect of the Subscription Services, namely:

4.1.1      a monthly subscription plan, which shall continue on a month-to-month basis; or

4.1.2      a six-month subscription plan, which shall automatically continue on a month-to-month basis after 
the termination of the fixed term of six-months;

 

4.1.3     a twelve-month subscription plan, which shall automatically continue on a month-to-month basis
after the termination of the fixed term of a year;

 

4.1.4      a twenty-four-month subscription plan, which shall automatically continue on a month-to-month
basis after termination of the twenty-four month period.


It is specifically recorded and acknowledged by the Customer, that either of the subscription plans mentioned at clauses 4.1.2, 4.1.3 or 4.1.4, depending which is applicable to any Customer, shall automatically continue on a month-to-month basis after the termination of either the six, twelve or twenty-four month fixed term, unless the Customer notifies Diversit-e Smart Trade College in writing, at any time prior to the renewal of the term, that it does not wish to renew the Subscription Services. Diversit-e Smart Trade College shall provide the Customer with written notice of not less than 30 business days prior to the termination of the fixed term, reminding the Customer that the fixed term is coming to an end and any material changes which would apply to the agreement in the event that it should continue on a month-to-month basis following the termination of the relevant fixed term.

4.2      Billing 

 

4.2.1.     In respect of either subscription plan, whichever may be applicable to the Customer, the monthly
Subscription Fee for the Subscription Services is payable monthly in advance in increments of thirty-days from date of initial check-out, which shall be payable by way of electronic funds transfer or by way of debit order instruction via NetCash or by way of electronic direct debit by PayFast and credited into DSTC’s Account.

4.3      Cancellation 

 

4.3.1     The monthly Subscription Services contemplated in terms of the subscription plan described in clause 4.1.1 above, may be cancelled by the Customer at any time provided that the Customer provides Diversit-e Smart Trade College at least 5 (five) Business Days’ notice before the next selected collection date. If the Customer fails to give adequate notice the Customer shall remain liable for the Subscription Fee for that following cycle and the Subscription Services shall be cancelled only upon the termination of that following month. The Customer shall, regardless of the date of cancellation, not be entitled to a refund in respect of the month in which the notice of cancellation is given (or deemed to be given) and further provided that the Subscription Services shall remain available to the Customer for the remainder of that month. 

 

4.3.2       The Membership Subscription Services contemplated in terms of clauses 4.1.2, 4.1.3 or 4.1.4 may be cancelled by the Customer at any time, provided the Customer shall not be entitled to a refund of the Subscription Fee payable in respect of the fixed term of either six, twelve or twenty-four months (whichever may be applicable) and further provided that the Subscription Services shall remain available to the Customer for the remainder of the relevant fixed term of either six, twelve or twenty-four months.

4.3.3          In the instances highlighted in clauses 4.3.1 and 4.3.2 above, the Customer acknowledges that the cancellation penalty is both fair and reasonable given that material and curriculum of the Course Content is copyright protected and consists of intellectual property rights which must be licensed and paid for in advance by Diversit-e Smart Trade College in order to render the Subscription Services to the Customer.

4.3.4      Refunds

4.3.4.1  It is agreed by the Customer that in the event of cancellation prior to expiration of the Membership
period, then in that event will a cancellation fee calculated at not more than forty percent of the value of the remaining period be paid to the company before cancellation can be accepted.

4.3.4.2  It is agreed by the Customer that in the event of cancellation prior to expiration of the Membership period and the Membership Subscription is paid in or settled in advance that no refunds are permitted and or expected. Membership will not be renewed after expiration of the Membership period.

4.4      Discontinuation of the Subscription Services

 

4.4.1    Diversit-e Smart Trade College may decide, in its sole and absolute discretion, to discontinue the Subscription Services in response to unforeseen circumstances beyond Diversit-e Smart Trade College’s control or to comply with a legal requirement and or as determined by any other third party provider. In such circumstances Diversit-e Smart Trade College shall immediately give the Customer notice. Customer shall have no claim against Diversit-e Smart Trade College other than in respect of a refund for a portion of the fees which the Customer has pre-paid in respect of any period in which the Subscription Services have been discontinued.

5.         THE TERMS OF SUBSCRIPTION SERVICES

5.1    While Diversit-e Smart Trade College prides itself on its service standards and will make all
reasonable endeavours ensure that Course Content is available at all times,  Diversit-e Smart Trade College makes no warranty that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free. The Subscription Services are used at the Customer’s own risk and Diversit-e Smart Trade College shall not be liable for damage, harm or loss which the Customer may suffer a result of, amongst others, downtime of the servers, errors or an inability of Diversit-e Smart Trade College to provide the Subscription Services 

 

5.2    The Customer shall be required to report any technical errors or refer any technical inquiries and/or
assistance to Diversit-e Smart Trade College at 
Support or call +27 10 001 0899

 

5.3   Diversit-e Smart Trade College reserve the right, subject to reasonable notice, to limit or restrict the Customer’s access and/or use of the Subscription Services to carry out repairs, maintenance or to introduce new functionality, products and/or services. Diversit-e Smart Trade College do, however, endeavour to keep any disruption in the use of the Subscription Services to a minimum.

 

5.4   Diversit-e Smart Trade College shall, unless otherwise agreed in writing, be entitled to make use of third-party service providers in respect of any aspect of the Subscription Services, on such terms and conditions as Diversit-e Smart Trade College deems fit, the costs of which shall be included in the Subscription Fee.

 

5.5   Notwithstanding anything to the contrary herein contained and irrespective of the terms stipulated in these Terms & Conditions, Diversit-e Smart Trade College reserves the right to withhold, suspend or cease the rendering of the Subscription Services, if  the Customer has failed to make payment of any amount owing to Diversit-e Smart Trade College, or if it comes to Diversit-e Smart Trade College’s attention that the Customer has breached the Privacy Policy or Terms and Conditions of Use (in each case, in the sole and absolute discretion of Diversit-e Smart Trade College).

6.         GRANTING OF RIGHTS

6.1    Diversit-e Smart Trade College owns or has licensed all of the Intellectual Property Rights in and to the Course Content. Diversit-e Smart Trade College hereby grants and makes available to the Customer for the subscription period, the non-transferrable, non-exclusive right to access and use the Course Content for educational and training purposes in accordance with the terms and conditions of this Agreement.

 

6.2.   The Subscription Services and granting of Course Content shall be personal to the Customer and
accordingly, the Customer shall:

 

6.2.1   Not grant or otherwise allow any third party access or use of the Course Content

 

6.2.2   Not be entitled to use or exploit the Intellectual Property Rights, in any manner whatsoever other than    for the purpose recorded in clause 6.1.

 

6.3     Notwithstanding the granting of the rights it is specifically recorded and agreed that Diversit-e Smart
 Trade College shall remain the owner or licensor of the Intellectual Property Rights.
 

 7.        PAYMENT MECHANICS 

7.1    Customers are required to make their first payment upon Checkout, in accordance with the terms and amounts applicable to the subscription package and Course Content applicable to the desired Subscription Services.

7.2   All other amounts or monthly instalments shall, unless otherwise agreed in writing and or via check-out, be settled in full on or before the due date and or billing cycle.

7.3   amounts due by the Customer to Diversit-e Smart Trade College in terms of these Terms & Conditions will be paid in the currency of the Rands (free of deduction, bank charges or set off). It is recorded that the Customer shall under no circumstances be entitled to withhold payment in terms hereof, notwithstanding the existence of any claim which the Customer may have against Diversit-e Smart Trade College, howsoever arising.

7.4   Payment of any amount due under these Terms & Conditions shall be deemed to have been made only when the relevant amount has been duly credited to DSTC’s Account.

7.5    Without prejudice to and in addition to the other rights and remedies of Diversit-e Smart Trade
College, any payment which the Customer is required to make in terms of these Terms & Conditions, and which is not made on the due date therefore shall collection charges be added. 

8.         OBLIGATIONS OF THE CUSTOMER

 

8.1     It is specifically recorded and agreed that the Customer shall at its own cost and expense: 

 

8.1.1     ensure it has sufficient internet data connection in order to access the course material and/or to
utilise the real trading terminals;

8.1.2     familiarise him/herself with the terms and conditions applicable to the opening and activation of
a self-managed trading account;

 

8.1.3     familiarise him/herself with any terms and conditions and the compatibility of any add-on and or
plug-ins of any platform(s) before installing, accessing and or using of such add-on, plug-ins and/or trading platform;

 

8.1.4     consult with preferred stockbrokers recommended by Diversit-e Smart Trade College, FSCA
regulated brokers and/or a financial Advisor before making any investment decisions and familiarise him or herself with any broker trading fees apply which may be applicable; and

 

8.1.5     pay all Invoices owing to Diversit-e Smart Trade College timeously and in full. 

9.        SPECIAL PROVISIONS RELATING TO RELATED SERVICES 

 

9.1    The Customer understands, that Diversit-e Smart Trade College, its sales executives, independent sales consultants, employees, agents, trading platform trainers and/or contractors are not licensed or registered to give any investment and/or trading advice (as envisaged in the Financial Advisory or Intermediary Services Act, No. 37 of 2002 or applicable laws) and are not permitted to accept any monies for investment and/or trading purposes.

9.2     In terms of the Financial Advisory and Intermediary Services Act, No. 37 of 2002, all active trading must be executed through a FSCA registered stockbroker. Broker trading fees apply and will vary depending on the stockbroker used by the Customer. It is the responsibility of the Customer to first familiarise him/herself with the terms and conditions applicable to the opening and activation of a self-managed trading account. Neither Diversit-e Smart Trade College, its employees, affiliates or agents shall be held liable harm or loss including any special and/or incidental arising from trading on live trading platform(s).

 

9.3    Trading platforms such as MetaTrader 4 and MetaTrader 5 are real trading terminals (platforms).
Diversit-e Smart Trade College is not owner of licensee of the rights or intellectual property relating to these real trading terminals and merely recommends these trading terminals to Customers whom elect to self-study and learn how to trade Forex, shares, CFDs and/or other trading options as a part of their Course Content. The trading platforms are supplied by third-parties and accessed via the Customer’s personal web browser and/or personal “smart” devices. Diversit-e Smart Trade College does not guarantee and accepts no responsibility for the availability, functionality or access to these trading platforms and shall not be liable for any harm, loss or damage which may arise from the use of such third- party platforms.

10.       SPECIAL REMEDY FOR BREACH

 

10.1    In the event that the Customer:

10.1.1    fails to pay any amount that is due to Diversit-e Smart Trade College on or before the due
date therefore;

 

10.1.2   fails to comply with any condition of these Terms & Conditions or the Privacy Policy or Terms and Conditions of Use;

 

10.1.3    is placed under provisional or final liquidation or sequestration;

 

10.1.4    is placed under business rescue; or

 

10.1.5    passes away;

 

(Collectively “Events of Breach”) 

then, without prejudice to any alternative or additional right of action or remedy available to Diversit-e Smart Trade College, all amounts owing by the Customer will immediately become due and payable and Diversit-e Smart Trade College shall be entitled to immediately terminate these Terms & Conditions and claim charges.

10.2  The Customer warrants and undertakes in favour of Diversit-e Smart Trade College that it shall inform Diversit-e Smart Trade College in writing on no less than 3 (three) Business Days written notice of the occurrence of an Event of Breach.
 

10.3  A certificate issued by Diversit-e Smart Trade College signed by any director or manager of Diversit-e
Smart Trade College, whose appointment need not be proven, reflecting the amount owing by the Customer to Diversit-e Smart Trade College in respect of the Subscription Services (inclusive of the interest thereon) shall constitute prima facie proof of the Customer’s indebtedness to Diversit-e Smart Trade College for purposes of any action (whether by way of provisional sentence or otherwise), or application instituted by Diversit-e Smart Trade College against the Customer shall constitute a valid liquid document for these purposes.

 

10.4   Clause 10.1 shall not be construed as excluding the ordinary lawful consequences of a breach of these Terms & Conditions by either party in the event of either party (“the defaulting party”) committing a breach of any of the terms hereof and failing to remedy same within 7 (Seven) days of receipt of written notice from the other party (“the innocent party”) calling for same to be remedied, in which event the innocent party shall have the right either to cancel these Terms & Conditions and claim damages or enforce performance of the terms hereof.

11.       LIMITATION OF LIABILITY AND INDEMNITY

 

11.1   Diversit-e Smart Trade College shall not be liable for costs, damage or loss suffered by the Customer as a result of the rendering or use of the Subscription Services, howsoever arising, save where same is occasioned by the gross negligence or wilful misconduct of Diversit-e Smart Trade College or its representatives.

 

11.2  Whilst every effort has been made by Diversit-e Smart Trade College, and its suppliers, to ensure the proper performance of the Subscription Service, the accuracy of the information/content and the reliability of the Course Content, neither Diversit-e Smart Trade College, its affiliates, suppliers, or any of their employees, can guarantee the availability or accuracy of the content and/or information offered as a part of the Subscription Services.

 

11.3  Diversit-e Smart Trade College accepts no responsibility for costs, harm, damage or loss whether
occasioned by delays or otherwise as a result of services or functions rendered by third-party service providers whether identified by Diversit-e Smart Trade College or the Customer.

 

11.4   Diversit-e Smart Trade College shall not be liable for consequential, incidental, indirect or special loss
or damages, including, without limitation, business interruption, loss of profits, loss of data or other pecuniary loss, arising from the provision or use of Subscription Services, regardless of whether such claim is based on breach of contract, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if Diversit-e Smart Trade College were negligent.

 

11.5   Notwithstanding the foregoing and by way of an overriding provision, the maximum aggregate liability
of Diversit-e Smart Trade College to the Customer in respect of all claims made in respect of any Subscription Services, shall not in aggregate exceed the total value of the Subscription Fee to which the claim relates.

12. CHOSEN ADDRESSES

 

12.1  The parties choose as their address for the service of all legal processes and notices the addresses
mentioned below.

 

12.1.1 Diversit-e Smart Trade College:
Real Estate Building Suite A2, Jigsaw Park 7 Einstein Road, Highveld Techno Park, Centurion, Gauteng, ZA, 0157

 

12.1.2 The Customer:
Refer to 2.1.7 above

 

12.2   The address of either party may be changed by written notice from such party to the other party with
 effect from the 5th (fifth) day after receipt or deemed receipt by the latter of such notice.

 

12.3  Any notice, unless the contrary is proved, is deemed to be received:

 

12.3.1   on the day of delivery, if delivered by hand to a responsible person at the recipient’s physical address in clause 12.1. If delivery is not on a Business Day, or is after ordinary business hours on a Business Day, the notice is deemed to be received on the Business Day after the date of delivery; or

 

12.3.2   on the day of transmission, if sent by email to the recipient’s email address;

 

12.3.3    If transmission is not on a Business Day or is after ordinary business hours on a Business Day, the
notice is deemed to be received on the Business Day after the date of transmission.

 

12.4  Despite anything to the contrary in these Terms & Conditions, a notice actually received by a Party is effective even though it was not sent, or delivered, or sent and delivered to in accordance with clause 12.1 read with clause 12.3. 

13.       APPLICABLE LAW & JURISDICTION

 

13.1  These Terms & Conditions shall be construed and governed in every respect by the laws of the
Republic of South Africa.

 

13.2 The Customer consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act, No.  32 of 1944 (as amended) having jurisdiction under Section 28 of the said Act, notwithstanding that the claim by Diversit-e Smart Trade College exceeds the normal jurisdiction of the Magistrate’s Court as to the amount.  Diversit-e Smart Trade College shall, in its discretion, be entitled to proceed against the Customer in any other Court of competent jurisdiction, notwithstanding the foregoing. 

14.       GENERAL

14.1    These Terms & Conditions is the whole agreement between the Parties regarding its subject matter.
 

14.2  Diversit-e Smart Trade College reserve the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website provided that the Terms and Conditions shall be applicable to past or current transactions already entered into may only be amended by agreement between the Parties in writing.
 

14.3   No indulgence by a Party to another Party, or failure to strictly enforce the terms of these Terms &
Conditions
, is to be construed as a waiver or be capable of founding an estoppel.

 

14.4  The Parties undertake to do everything reasonable in their power necessary for or incidental to the
effectiveness and performance of 
these Terms & Conditions.

 

14.5  Save as is specifically provided in these Terms & Conditions, the Customer shall not be entitled to cede any of its rights or delegate any of its obligations under these Terms & Conditions without the prior written consent of Diversit-e Smart Trade College. Diversit-e Smart Trade College shall, at any time, in its sole discretion, be entitled to cede all or any of its rights in terms of these Terms & Conditions to any third party without prior notice to the Customer, which cession shall in no way be construed as any release of the obligations of the surety and/or signatory hereto, in terms of these Terms & Conditions.

 

14.6  Any illegal or unenforceable provision of these Terms & Conditions may be severed, and the
remaining provisions of 
these Terms & Conditions continue in force.

 

14.7  The Customer acknowledges that it has had the opportunity to obtain independent legal advice before entering into these Terms & Conditions and in the absence of having done so, have waived their right to do so.

 

14.8  The Customer records that English is the preferred language of these Terms & Conditions and that he
has read the Agreement and fully understands all the terms and conditions. 

15.       COSTS

 

15.1.   If in any legal proceedings relating to the enforcement by Diversit-e Smart Trade College of its rights in terms of these Terms & Conditions or if a court awards costs to Diversit-e Smart Trade College, such costs shall be determined and recoverable on the scale as between an attorney and own client and shall include collection charges, the costs incurred by Diversit-e Smart Trade College in endeavouring to enforce such rights prior to the institution of legal proceedings and the costs incurred in connection with the satisfaction or enforcement of any judgment awarded in favour of Diversit-e Smart Trade College in relation to its rights in terms of or arising out of these Terms & Conditions. 

16.       CPA AND ECTA 

 

16.1  To the extent that the CPA may be applicable to the Customer and these Terms and Conditions, the
Customer’s attention is drawn to clauses 1,2, 3, 4,5,6,7,8,9,10,11, 14 and 15 which, in terms of in terms of section 49 of the CPA, may:

 

16.1.2 limit in any way the risk or liability of Diversit-e Smart Trade College or any other person;

 

16.1.3 constitute an assumption of risk or liability by the Customer;

16.1.4 impose an obligation on the Customer to indemnify Diversit-e Smart Trade College or any other
person for any cause; or

16.1.5 constitute an acknowledgement of any fact by the Customer.

16.2  In compliance with section 43 of the ECTA,  Diversit-e Smart Trade College draws your attention to the following information relating to the Diversit-e Smart Trade College:

16.2.1 Full name; Diversit-e Smart Trade College (Pty) Ltd (Registration

 

16.2.2 Registration number:  2016/305525/07)

 

16.2.3 Status: Private company in business

16.2.4 Physical address: Real Estate Building Suite A2, Jigsaw Park 7 Einstein Road, Highveld Techno Park, Centurion, Gauteng, ZA, 0157

16.2.5 Telephone number: +27 10 001 0899

16.2.6 Web site address: https://smarttradecollege.co.za/

16.2.7 Email address: info@smarttradecollege.co.za


16.2.8 Membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body: N/A
16.2.9 Any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer: N/A

 

16.2.10 In the case of a legal person, its registration number, the names of its office bearers and its place of registration;

– Name & Registration Number: refer to 16.2.1 & 16.2.2
– Place of registration: refer to 16.2.4
– Office Bearer: Francois Jacobus Oosthuizen

 

16.2.11 The physical address where that supplier will receive legal service of documents; Refer to clause 12

 

16.2.12 A sufficient description of the main characteristics of the goods or services offered by the Diversit-e Smart Trade College: A description of the goods and services are set out on the website

 

16.2.13 the full price of the goods or services: The price of the goods and the services and products are set out on the website

 

16.2.14 The manner of payment: Refer to clause 4.2 and clause 7

 

16.2.15 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: N/A

 

16.20.16 The time within which the goods will be dispatched or delivered or within which the services will be rendered; Upon payment of the purchase price, and submission of the necessary information, the training material relating to the Customer’s subscription will become available within 24 (twenty-four) hours of such submission.

 

16.2.17 The manner and period within which the Customer can access and maintain a full record of the transaction: Customers will be required to contact the Provider directly to access any transaction documentation. Transaction histories are available indefinitely.

 

16.2.18 The return, exchange and refund policy of the Diversit-e Smart Trade College: No refunds, exchanges or returns will be permitted by the Provider in respect of the Services under any circumstances other than those provided for in these terms and conditions

 

16.2.19 Any alternative dispute resolution code to which that supplier subscribes and how the wording of that code may be accessed electronically by the consumer: N/A

 

16.2.20 The security procedures and privacy policy in respect of payment, payment information and personal information: Please refer to the Privacy Policy.


– All online card payments are processed by PayFast (Pty) Ltd. PayFast’s terms and conditions can be obtained and viewed at https://www.payfast.co.za. PayFast is PCI DSS level 1 compliant.


– Customers are further entitled to facilitate payments through Mobicred (Pty) Ltd. Mobicred’s terms and conditions can be obtained and viewed at https://mobicred.co.za or CT-International. CT-International’s terms and conditions can be obtained and viewed at https://ct-international.co.za.


16.2.21 where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently: Please refer to clause 4.1


16.2.22 The rights of consumers in terms of section 44, where applicable.

44  Cooling-off period

(1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply-

(a)   of goods (online video courses, initial coaching) within seven days after the date of the receipt of the goods (Learner Management System login details); or

(b)   of services within seven days after the date of the conclusion or acceptance of the agreement upon checkout.

(2) The only charge that may be levied on the consumer is the direct cost of returning the goods.

(3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law.

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