TERMS & CONDITIONS

Submission of the billing form for any event shall be deemed acceptance by the applicant and all registered delegates of the terms and conditions of the Lean Institute Africa (herein referred to as the Proprietor) as outlined below, and shall be jointly and severally binding on the applicant and the applicant’s corporate entity. The event is contingent on a minimum number of registered applicant signing up for the event. If the minimum number of applicant is not reached, the Proprietor reserves the right to cancel or postpone the event and will notify registered applicant of any changes. 90% of the event registration fees will be refunded to applicant if the event is cancelled and they cannot attend an alternative workshop date. Please be advised that if you are making travel arrangements to attend the event, he Proprietor cannot be held responsible for any associated travel or accommodation expenses, or associated cancellation fees resulting from a cancelled event. In the event of applicant cancellation, 50% of fees will be credited, provided cancellation in writing is received at least 5 working days prior to the event. After that date, no credits or refunds will be made.

The applicant agrees to indemnify, hold harmless and defend the Proprietor and its officers, employees, agents and representatives against any claim, demand, cause of action, loss, expense or liability on account of or related to the event, including but not limited to injury or death of persons or damage to property arising out of the acts or omissions of the applicant or its subcontractors, employees, or agents, in the performance of the event registered for, regardless of whether the party to be indemnified was actively or passively negligent. The applicant agrees that he or she participates in the events offered by the Proprietor at his or her own risk.

2. General terms and conditions for the lean.org.za and related websites

The products and services (collectively, the “Products and Services”) offered by or through the lean.org.za web site are made available subject to the following Terms and Conditions. By using the lean.org.za web site, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms and Conditions that the Proprietor may prescribe from time to time. The Proprietor reserves the right to make changes to this site, products, services and these disclaimers, terms and conditions at any time without any notification.

3. Copyright and Intellectual Property

All content and downloads included on this web site but not limited to, such as logos, graphics, designs, newsletters, text, button icons, images, audio clips, databases and software, is the property of the Proprietor or its content suppliers and protected by South African and international copyright laws. Furthermore, the collection, arrangement, and compilation of all content on this web site is the exclusive property of the Proprietor and protected by South Africa and international copyright laws. Without detracting from the above, the Proprietor authorizes you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that:

1. 1. Such content is used for informational purposes only
   2. Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this web site in any other work, publication or web site of your own or belonging to  another

4. Liability disclaimer

The information, content, downloads, links, services, products and materials published on this web site, including without limitation, text, graphics and links are provided on an “voetstoets” basis. The Proprietor makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information, contents, materials, products, services included on this site. Without limiting the generality of the aforegoing:

1. 1. The Proprietor does not warrant that this web site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
   2. Whilst the Proprietor has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty, whether express or implied, is given that any files, downloads, links or applications available via this web site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

5. Limitation of liability

In no event shall the Proprietor and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site, links, products and services. Such limitation shall also apply with respect to damages resulting from the inability to use this web site, the operational failure of this web site, or for any information, data, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, delict, strict liability or otherwise, even if the Proprietor and/or any of its suppliers has been advised of the possibility of damages.

6. Applicable law

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (WPD Division) in respect of any disputes arising in connection with this web site.

7. Privacy policy

The Proprietor is dedicated to maintain the privacy of its online visitors and users. On this site, the Proprietor does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. Any information collected is used solely by the Proprietor and its business partners who are involved in the operation of this site for internal purposes. The Proprietor’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.

8. Violation and waiver

Should you violate these Terms and Conditions or any other rights of the Proprietor, we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as
reflected in any such right or provision that has been declared invalid or unenforceable.

9. Photographs and Videos

The Proprietor posts and publishes photographs and videos from our events on websites, in newsletters, marketing, printed materials, social platforms and other mediums from time to time. The applicant agrees to inform the Proprietor in writing should he or she prefer that photographs or videos of the applicant not be shared. The Proprietor will endeavour to remove them from those platforms within its control.

PAYGATE TERMS AND CONDITIONS:

1. Subject to availability and receipt of payment, requests will be processed within 30 working days.
2. Refunds issued for credit card payments will require the applicant provide the Proprietor with direct transfer banking details.
3. The provision of goods and services by the Proprietor is subject to availability. In cases of unavailability, the Proprietor will refund the client up to 90% within 30 days.
4. Credit Card Payment may be made via Visa and MasterCard.
5. Card transactions will be acquired for the Proprietor via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
6. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR)
7. This website is governed by the laws of South Africa and the Proprietor chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Graduate School of Business, UCT, Portswood Rd, Greenpoint, 8002.
8. The Proprietor may, in its sole discretion, change this agreement or any part thereof at any time without notice.