INTRODUCTION 1.1 These terms and conditions will apply to online learning or e-learning learning services or online profile hosted and offered by Nico Theron trading as Unicus Tax Academy, Unicus Tax Specialists SA and by Unicus Tax Specialists SA (Pty) Ltd (reg number: 2018/348173/07 and registered address at 50 Die Uitsig Street, Eldoraigne Centurion) and hosted on https://library.unicustax.co.za (“the website”) and marketed as such (‘the service’). 1.2 Nico Theron and Unicus Tax Specialists SA (Pty) Ltd shall hereinafter collectively be referred to as “UTA”.
DEFINITIONS 2.1 “Agreement” means these terms and conditions. 2.2 “Profile” means Internet Identity with UTA on the website.
EFFECTIVE DATE 3.1 Once a course has been purchased on the website, the client will receive an invoice. The contract of service will be in force and deemed to be effective once payment has been made to and received by UTA.
PAYMENTS 4.1 Payment for a course can only be made via the website. Payment may also be made via EFT if prior arrangements are made with UTA for payment via EFT. Requests to pay for a course via EFT must be made in writing to [email protected]
REFUNDS, ACCESS AND USE 5.1 Refunds 5.2 Refunds will only be granted at the sole and absolute discretion of UTA and its management or under circumstances described in the paragraph below. Should the client require a refund, a request for same must be made in writing to [email protected] for consideration by UTA and its management which request must set out the reason for such request. 5.3 Access 5.3.1 Courses purchased can only be accessed by the client on the website and with valid log in credentials. Clients should keep their log in credentials safe and private. Clients are responsible for any activity conducted on the website under their profile. 5.3.2 Once a course has been purchased from the website and paid for by the client, the client will have access to the course on the website for life unless the course is removed from the website by UTA in its sole and absolute discretion or the website is shut down entirely by UTA in its sole and absolute discretion. Should UTA remove a course from the website or the website is shut down entirely by UTA after the client has paid for the course and a certificate of completion has not been issued to the client, the client shall be entitled to a refund for the course purchased and for which a certificate of completion has not been issued. The client must request a refund in these circumstances in writing to [email protected] 5.3.3 Courses purchased can only be accessed whilst the client has a valid and up-to-date email address. It is the client’s responsibility to ensure a valid email address is maintained and details are kept up to date on the website. 5.3.4 UTA reserves the right to refuse access to any user of the website and to refuse access to any courses on the website at any time for any reason. Should UTA decide to refuse access to any person in terms of this clause, UTA shall refund that person for any courses purchased. 5.4 Use 5.4.1 Only one person is entitled to attend a course purchased and a certificate of completion will only be issued to one person and only if that person has passed the necessary assessment for that course as set out and determined by UTA for the issue of a certificate of completion. The courses are for individual training purposes only and may only be used for personal, non-commercial reasons and may not be on-sold or licensed to any other person without the prior consent of UTA in writing. 5.4.2 The Intellectual property of all the course videos and notes shall remain vested in UTA. 5.4.3 The client shall not share his/her/its log in detail to the website with any other person. 5.4.4 The client shall not sell or license or attempt to sell or license any course on the website to any other person without the prior written consent of UTA. 5.4.5 Certificates of completion issued to clients can only be used by clients for the purpose of partly satisfying the requirements of Continuous Professional Development in tax as set by the relevant Controlling Body where the client is a member. An exception may apply in certain circumstances where, for example, a registered University or similar institution makes the necessary arrangements in writing with UTA for its students to gain access to any course/courses on the website. 5.4.6 It should be noted that UTA has been approved as an accredited provider of CPD training by the South African Institute of Tax Professionals. Whilst we understand that other similar controlling bodies may accept courses presented by the UTA on the website in terms of their relevant CPD policy, UTA cannot guarantee that other controlling bodies will in fact do so. It is the responsibility of the client to confirm this with their relevant controlling body.
COOLING-OFF PERIOD 6.1 All payments by means of an electronic transaction shall be subject to section 44 (cooling-off period) of the Electronic Communications and Transactions Act No 25 of 2002, as amended. As such, clients shall be entitled to cancel this agreement without reason or penalty within 7 (seven) days after the date of an event booking, subject to the terms and conditions of the Electronic Communications and Transactions Act No 25 of 2002, as amended. 6.2 If the cooling-off period under clause 8.1 does not apply, and a person is a consumer protected by the Consumer Protection Act No 68 of 2008 and the person purchases a course on the website as a result of direct marketing, then that person shall be entitled (under section 16 (consumer’s right to the cooling-off period after direct marketing) of the Consumer Protection Act) to cancel this agreement within 5 (five) business days after the date of the purchase by writing and submitting a detailed explanation, with full contact details to [email protected]
SUBSTITUTIONS 7.1 Clients are entitled to substitute courses at the sole and absolute discretion of UTA. 7.2 Requests for substitution must be sent to [email protected]
LIMITATION OF LIABILITY 8.1 In no event shall UTA be liable for any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses or any other damages caused from use of the website or the attendance of any courses available for purchase from the website. 8.2 UTA and the Client hereby indemnify each other against damage to tangible property, whether personal or real and death or injury to persons to the extent caused by the negligence of the other party. 8.3 Utmost care is taken to ensure the correctness of all courses at the time of recording of course videos and course slides. Whilst access is given to all purchased courses for life (subject to paragraph 6 above), it should be noted that tax and tax law changes regularly. It is therefore the responsibility of the client to establish the relevance and accuracy of courses purchased at all times. UTA will, in its sole discretion, develop new courses or amend courses in its sole discretion in an attempt to ensure courses remain relevant.
INTELLECTUAL PROPERTY 9.1 All intellectual property rights, including copyright, patents, and design arising in connection with this Agreement shall belong to and remain vested in UTA and the Client shall execute any document necessary for this purpose.
FORCE MAJEURE 10.1 Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
DOMICILIUM 11.1 The Client designates the address furnished by him/her in their online profile as its domicilium citandi et executandi (“domicilium”) for any notice/s, the serving of any process, and for any other purposes arising from this Agreement. 11.2 UTA designates the address Postnet Suite 191, Private Bag x4, Wierdapark, 0157 as its domicilium citandi et executandi (“domicilium”) for any notice/s, the serving of any process and for any other purposes arising from this Agreement.
ENTIRE AGREEMENT 12.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements, and representations whether written, oral, or implied between the Client and UTA relating to the Services. 12.2 Any amendments to this Agreement shall be in writing and signed by both parties.
GOVERNING LAW AND JURISDICTION 13.1 The Parties agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa. 13.2 The parties agree to the jurisdiction of the Magistrate’s Court in relation to any legal proceedings which may result from the Agreement, provided that UTA is entitled in its discretion to institute any such legal proceedings in any other competent court.
COSTS 14.1 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, the infringing party shall be liable for: 14.1.1 Tracing agent fees (if required); 14.1.2 Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act; 14.1.3 Collection Commission will be charged on an instalment paid to the debt collector or paid directly to the aggrieved party following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount. 14.2 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney to enforce his/her rights (including the right to receive payment), the infringing party shall be liable for: 14.2.1 Tracing agent fees (if required); 14.2.2 The attorney’s costs on an attorney and own client scale; 14.2.3 Collection Commission will be charged on an instalment paid to the attorney or paid directly to the aggrieved party following handover of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount. 14.3 The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.
NO ADVICE 15.1 UTA is not a Financial Service Provider (FSP) and does not provide financial advice. In addition, courses are not to be construed as constituting advice to any person. The client accepts and understands that courses often contain views that are matter of opinion rather than settled law.
YOU AUTHORISE US, SUBJECT TO ANY APPLICABLE LAWS, TO – 17.1 Access from credit bureau who are members of the Credit Bureau Association and subscribe to its Code of Conduct (“credit bureau”) your personal information concerning financial risk and payment habits (“payment profile”) for purposes of fraud prevention and debtor tracing, and to disclose information regarding your payment profile to such credit bureau; 17.2 Obtain capture, store, analyse, and use for our marketing purposes your viewing habits and profile; 17.3 Use information that we may have in relation to you for the purposes of: 17.3.1 Processing your request; 17.3.2 Administering the service; 17.3.3 Informing you of any new aspects of the service or services provided by our affiliates; 17.3.4 Informing you of promotional competitions; and 17.3.5 Notifying you of a General Amendment; 17.4 Disclose your personal information: 17.4.1 To companies or other businesses affiliated with us for purposes of marketing their services (subject to your right to refuse such disclosure of your personal information); 17.4.2 To any company or other businesses which acquires our business or any part thereof, or which we acquire; 17.4.3 To agents, representatives or service providers which we appoint to process your request, administer the service or provide customer management services; 17.4.4 To our payment system providers in order to facilitate the collection of your fees using payment systems owned and operated by third parties; or 17.4.5 If, and to the extent that we are required to do so, to comply with any Applicable Law; and 17.4.6 Retain your personal information referred to in this clause for as long as we are required to do so in terms of Applicable Laws or in order to exercise or protect any of our rights. 17.5 It is your responsibility to ensure that the information which you provide to us is complete, accurate, and up to date.