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.
- 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;
- “Programme Fees Schedule” means eta’s applicable Programme Fee Schedule (a copy of which
can be found on our website https://www.etacollege.com/admissions/fees/) 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 on our website https://www.etacollege.com/why-eta-college/rules-policies and as may be amended or supplemented from time to time;
- “Programme” means the programme 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 on our website at https://www.etacollege.com/why-eta-college/rules-policies/) 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’s Fees 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;
- Clause headings have been inserted for convenience only, and shall not be taken into account in interpreting these Terms and Conditions t.
- 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 AND REFUND
2.1 The fees payable to eta in respect of the programmes comprise the following:
The fees payable to eta and the refund of any monies paid in terms of this agreement are contained in the Policy Fees and Payments read with the Programme Fees Schedule of eta, which forms an integral part of this agreement.
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 programme.
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 programme 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 programme to be presented and offered by eta. In this regard, eta reserves the right to terminate the presentation of offering of the Programme on the basis of insufficient demand.3.1.4
3.3 eta may dismiss an Applicant’s application should the information in this Application be found to be incorrect, incomplete, fraudulent or misleading
4. APPLICANT’S CURRICULAR OBLIGATIONS
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.
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 Programme fees.
5. COOLING-OFF PERIOD
5.1 Applicants are entitled to cancel their registration and claim a refund subject to the eta Policy Fees and Payments.COOLING-OFF PERIOD
6. NON-DELIVERY BY eta
In the event of eta being unable to present a Programme at a venue operated by eta, 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.
6.1 LOCKDOWN AND RIOTS
Should a lockdown or riots occur all students will be converted to remote, online teaching, learning and assessment for as long as it is required. Disadvantaged students will be catered for by their campus.
7. 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 eta unable 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 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) .
8. 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 Programme 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;
9. 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 programme across different eta regions.
10. INTELLECTUAL PROPERTY
All intellectual property rights in the Programme materials provided by eta to the Applicant shall remain eta or its licensors’ property.
11. 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 Programme 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.
12. NOTICES AND DOMICILIUM
12.1 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.
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.
13. 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 eta shall, 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.
14. 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 Programme, entering into communications with the Applicant, statistical and research purposes and enforcing and implementing the terms of the Terms and Conditions.
15. SOLE AGREEMENT
The Applicant acknowledges that these Terms and Conditions, together with the annexes, policies on the eta 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.
16. 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.
17. 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.
18. 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 Fees and Payments
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
19. 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.
20. 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.
