The terms and conditions contained below (the “Terms”) will apply to all Services and Events provided to you (the “Customer”, “you”) by RSS Records (Pty) Ltd (Registration No. 2018/365717/07) (the “Service Provider”) (individually, a “Party” and, collectively, the “Parties”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ENGAGING THE SERVICE PROVIDER FOR ANY SERVICES OR EVENTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT MAKE USE OF ANY OF THE SERVICES OR ATTEND AN EVENT.
1. INTERPRETATION AND DEFINITIONS
1.1 In these Terms, clause headings are for convenience and shall not be used in its interpretation unless the context clearly indicates a contrary intention.
1.2 The following expressions shall bear the meanings assigned to them below:
(a) “Attendee” means a person who attends an Event, including the Customer and/or the Customer’s delegate(s).
(b) “Booking Platform” means a third-party booking platform or agency that provides services for the distribution of Tickets through the internet or other distribution channels.
(c) “Confidential Information” includes, without limitation, any information or other data relating to the Service Provider:
(A) in whatever format, whether written, oral or graphic, recorded or not (and if recorded, whether recorded in writing, on any electronic medium or otherwise howsoever) which is intended or by its nature could reasonably be expected to be confidential, which is disclosed or communicated by the Service Provider to the Customer, or which otherwise comes to the knowledge of the Customer, by whatever means, before or after the delivery of the Services or Event; and
(B) includes, without derogating from the aforegoing, all financial information, marketing information, product information, designs, computer data, technical information, techniques, know-how, trade secrets, all Intellectual Property, all Material, training schemes and programs, and all information specifically related to the Service Provider which is not readily available to a competitor of the Service Provider in the ordinary course of business.
(d) “Event” means any event hosted by the Service Provider, whether conducted in-person or online, including training sessions, workshops, or seminars.
(e) “Intellectual Property” means all registered and unregistered intangible property of the Service Provider, including (without any limitation) designs, know-how, trademarks, trade names, brand names, signs, symbols, trade secrets, copyright and patents, domain names, ideas, electronic and manual processes and techniques, and proposals used by the Service Provider, including any derivatives thereof and includes all future additions and improvements to the Intellectual Property.
(f) “Material” means documentation, whether printed or in electronic form, provided by the Service Provider in relation to the Services or Event and includes, without limitation, business profile test evaluations, printed manuals, e-books, and training or course material.
(g) “Privacy Notice” means the Service Provider’s privacy notice, at www.danielstrauss.co.za/privacy-policy.
(h) “Registration Form” means a registration form, whether printed or in electronic form, allowing you to register for a particular Service.
(i) “Services” means the services provided by the Service Provider, whether provided in-person or online, including but not limited to mentorship programs and business profile tests.
(j) “Ticket” means an admission ticket, whether in paper or electronic format, in relation to an Event.
2. ACCEPTANCE OF THE TERMS
2.1 By agreeing to receive any Services, purchasing Tickets via the Booking Platform where these Terms are referenced, attending an Event, or otherwise accepting these Terms electronically, such as clicking or checking “accept” option, you agree to be bound by these Terms.
2.2 Some Services may be subject to additional terms specific to such Services (“Service-Specific Terms”). By procuring a Service subject to Service-Specific Terms, you also agree to these Terms. In the event of any conflict between these Terms and the Service-Specific Terms, the Service-Specific Terms will control with respect to their subject matter.
2.3 If you agree to these Terms for and on behalf of a company or any other legal entity, you warrant that you have the authority to bind such company or other legal entity and its affiliates to these Terms.
3.1 Services are requested by completing a Registration Form. You agree that the information supplied on the Registration Form is true and correct, and if any information you provide proves to be incorrect, you will notify the Service Provider of the necessary corrections without undue delay.
3.2 Following receipt of your Registration Form, the Service Provider will contact you to discuss and confirm the details of the Services and issue a quotation or invoice (as applicable). Payment of the relevant fees is required to confirm delivery of the Services. The quotation or invoice will contain the Service Provider’s banking details and the relevant invoice or quotation number that must accompany your proof of payment.
3.3 Provided that the Service Provider receives proof of payment in full of the relevant fees, the Service Provider will provide you with written confirmation per email that your registration for the Services has been successfully processed.
4.1 Tickets for an Event can be purchased through a Booking Platform, as indicated by the Service Provider from time to time (“Ticket Order”). You agree that the information supplied in respect of your Ticket Order is true and correct, and if any information you provide proves to be incorrect, you will notify the Booking Platform of the necessary corrections without undue delay.
4.2 Provided that the Booking Platform receives payment in full of the relevant fees, the Booking Platform will provide you with written confirmation that Ticket Order has been confirmed and will issue you with the Ticket(s).
4.3 By purchasing Tickets via a Booking Platform, you agree to also adhere to the terms and conditions set forth by the Booking Platform. In the event of any conflict between these Terms, and the terms and conditions set forth by the Booking Platform, the terms and conditions of the Booking Platform shall control.
(a) All payments for Services must be made in full at least 48 hours prior to delivery of the Services.
(b) Payment must be made by way of electronic funds transfer into the Service Provider’s designated bank account. Receipts for payment are provided in electronic format.
(c) If full payment is not made within 48 hours prior to delivery of the Services, the Service Provider reserves the right to cancel the delivery of the Services and refund any partial payment received in respect thereof.
All payments for Tickets must be made in full in accordance with the prescribed method set by the Booking Platform.
6. CANCELLATIONS AND REFUNDS
(a) Cancellation by Customer
(i) As provided for in Section 17 of the Consumer Protection Act 68 of 2008, you have the right to cancel your attendance in respect of an Event, in which event the Service Provider may impose a reasonable charge for cancellation. Alternatively, and at the sole discretion of the Service Provider, you may request a Ticket for the same or similar Event, on a date and time to be determined by the Service Provider.
(ii) The cancellation charge will be determined, having regard to (i) the nature of the Event, (ii) the length of notice of cancellation provided to you, (iii) the reasonable potential for the Service Provider, acting diligently, to find an alternative Attendee(s) between the time of receiving your cancellation notice and the time of the Event, and (iv) the general practice of the industry. The cancellation charge may be equal to the amount paid for the Ticket, depending on the circumstances.
(iii) The Service Provider will process a refund within 30 days of receiving your written cancellation together with your banking details supported by documentary proof of your banking details. All refunds will be processed via electronic funds transfer to the original payer.
(b) Failure to Attend an Event
If you fail to attend an Event, you will remain liable for full payment of the Ticket, and you will not be entitled to any refund.
(c) Cancellation by the Service Provider
(i) The Service Provider reserves the right to cancel or reschedule an Event by providing written notice to you no less than 7 (seven) days in advance of the scheduled date of the Event.
(ii) If the Service Provider cancels the Event, you have the option of receiving a full refund of fees actually paid for the Ticket(s) or credit towards the same Event on an alternative date.
(iii) If the Service Provider cancels an Event due to a Force Majeure Event, you are entitled to a full refund or may choose to receive full credit for the same Event to be delivered on an alternative date and location, as set by the Service Provider in its sole discretion.
(d) Booking Platform
This Section 6.1 shall not apply to Events booked via a Booking Platform, and the terms and conditions set forth by the Booking Platform pertaining to any cancellation or refund in respect of an Event shall apply, unless such terms and conditions state that these Terms shall control.
(a) Cancellation by Customer
(i) As provided for in Section 17 of the Consumer Protection Act 68 of 2008, you have the right to cancel the Services, in which event the Service Provider may impose a reasonable charge for cancellation.
(ii) If you notify the Service Provider in writing by email that you wish to cancel delivery of the Services no less than 48 hours prior to the time of delivery of the Services, you will be entitled to a full refund.
(iii) However, for cancellations made less than 48 hours in advance, no refund will be issued. You agree that this cancellation charge is reasonable and does not exceed a fair amount in the circumstances, having regards to (i) the nature of the Services, (ii) the length of notice of cancellation provided to you, (iii) the reasonable potential for the Service Provider, acting diligently, to find an alternative customer between the time of receiving your cancellation notice and the time of delivery of the Services, and (iv) the general practice of the industry.
(iv) The Service Provider will not impose a cancellation charge if you are unable to accept delivery of the Services due to death or hospitalisation of the person for whom or for whose benefit the Services were requested.
(v) The Service Provider will process a refund within 30 days of receiving your written cancellation together with your banking details supported by documentary proof of your banking details. All refunds will be processed via electronic funds transfer to the original payer.
(b) Failure to Accept Delivery of the Services
If you fail to accept delivery of the Services, you will remain liable for full payment of for the Services, and you will not be entitled to any refund.
(c) Cancellation by the Service Provider
(i) The Service Provider reserves the right to cancel or reschedule the Services by providing written notice to you no less than 48 hours in advance of the scheduled date of delivery of the Services.
(ii) If the Service Provider cancels delivery of the Services, you have the option of receiving a full refund of fees actually paid for the Services or credit towards the same Services on an alternative date.
7. LICENSING OF MATERIAL
7.1 Subject to full payment for the Services or Event and the terms set out in Sections 7.2 and 8.1 below, the Service Provider provides you with a non-exclusive, non-transferable licence to use the Material (the “License”).
7.2 You may receive and possess the Material associated with the relevant Services or Event and use such Material in conjunction with the Services or Event, provided that only the recipient of the Services or Attendee of the Event may make use of the Material.
7.3 The Service Provider may terminate the License granted to you upon written notice if you commit a material or persistent breach of the License, which you fail to remedy within 7 (seven) days after receipt of written notice requiring you to do so.
7.4 Upon termination of the License for any reason:
(a) all rights granted to you under the License shall cease;
(b) you must cease all activities authorised under the License; and
(c) you must immediately delete or remove the Material or related documentation from all computer equipment in your possession and immediately destroy or return to the Service Provider all copies of the Material and related documentation in your possession or under your control.
8. YOUR OBLIGATIONS
8.1 You undertake and/or shall procure that your employees, designees, or any other person receiving the Services, or attending an Event on your behalf or on your account as an Attendee, undertake:
(a) not to copy the Material or related documentation, except where such copying is incidental or necessary for the purposes of receiving the Services or attending the Event;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt or modify the Material or any related documentation;
(c) not to permit the Material or any parts thereof to be combined with, or become incorporated into, any other material; and
(d) not to provide or otherwise make available the Material or related documentation in whole or in part to any other person without the prior written consent of the Service Provider.
8.2 If you attend an event:
(a) you are responsible for having your Ticket(s) and must produce proof of your Ticket to obtain entry to the Event;
(b) you must always comply with the health and safety policy of the venue and the Service Provider, and your failure to do so will result in you being asked to leave the Event, in which case, no refund will be provided;
(c) you may not cause any damage to any part of the venue (including outside areas and all inside walls, flooring, fixtures, and fittings), and you are solely liable for any damage caused by you, your employees, contractors, sub-contractors and agents to any such area of the venue and shall fully reimburse the Service Provider in relation to any damage so caused;
(d) you must keep your personal belongings with you at all times, and the Service Provider accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Event by you; and
(e) you are responsible for making and paying for your travel and accommodation arrangements to and from the Event.
8.3 You undertake and/or shall procure that your employees, designees, or any other person receiving the Services, or attending an Event on your behalf or on your account as an Attendee, undertake to abide by these Terms.
9.1 You acknowledge and agree that the Services, Events, and Material are for educational purposes only and are not intended to be advice of any kind, including psychological, psychometric, business, legal or financial advice.
9.2 The Service Provider makes no warranty or representation as to the accuracy or completeness of any content delivered through the Services, Events, and/or Material.
10.1 You may be given access to Confidential Information of the Service Provider during delivery of the Services or through an Attendee’s participation at an Event. The Service Provider’s Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known, other than through any act or omission of the Customer;
(b) was in the Customer’s lawful possession before the disclosure;
(c) is lawfully disclosed to the Customer by a third party without restrictions on such disclosure;
(d) is independently developed by the Customer, which independent development can be shown by written evidence; or
(e) is required to be disclosed by law or by any court of competent jurisdiction.
10.2 You shall hold the Service Provider’s Confidential Information in confidence delivery of the Services and/or Event, and unless required by law, not make such Confidential Information available to any third party, or use such Confidential Information for any purpose other than in connection with the Services and/or Event.
10.3 You shall take all reasonable steps to ensure that the Service Provider’s Confidential Information to which you have to access is not disclosed or distributed by your employees or agents in violation of these Terms.
11. INTELLECTUAL PROPERTY
11.1 You agree that the Service Provider owns all intellectual property rights in respect of the Material and the related documentation and that certain rights in the Material and the related documentation are licensed to you.
11.2 You agree that you have no rights in, or to, the Material or the related documentation other than the right to use them in accordance with these Terms.
12. PERSONAL INFORMATION
When you procure Services or participate in an Event, the Service Provider will obtain, use, and disclose your personally identifiable information in line with the Service Provider’s Privacy Notice.
13. GENERAL CONDUCT & RESERVATION OF RIGHT OF ADMISSION
13.1 You agree to conduct yourself in a respectful, orderly, and safe manner at all times while attending any Event.
13.2 The Service Provider reserves the right to refuse you admission to any Event if your conduct, in the Service Provider’s reasonable opinion, interferes with or is likely to interfere with or is otherwise not conducive to the orderly and/or structured delivery of the Event in a proper manner or, generally detracts or has the potential of detracting from the ability of fellow delegates attending the Event to receive training in a proper manner.
13.3 If you are asked to leave an Event pursuant to Section 13.2, the Service Provider shall not be liable to refund any fees paid towards the Ticket for your attendance at the Event.
13.4 The Service Provider reserves the right to refuse your admission to an Event, if, in the Service Provider’s sole discretion, it determines that your attendance will result in a conflict of interest, having regard to the business activities or interests of the Service Provider. In this case, the Service Provider will provide a refund towards any fees paid towards the Ticket for the Event in question.
14. PHOTOGRAPHY AND FILMING
14.1 The Service Provider may wish to photograph or film an Event and reserves the right to do so for purposes of promoting future Events. By attending an Event, you consent to the Service Provider (or any other person attending the Event) photographing you and any persons attending the Event with you.
14.2 You undertake and/or shall procure that your Attendee(s) refrain from recording the Event, whether in audio and/or video format.
15. FORCE MAJEURE
15.1 The Service Provider will not be liable to you under these Terms if the Service Provider is prevented from or delayed in performing any obligations under these Terms or from delivering the Services or hosting an Event, by acts, events, omissions or accidents beyond the Service Provider’s reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, or storm (each a “Force Majeure Event”).
15.2 For so long as the force majeure event persists, the Service Provider’s obligations will be suspended, and the Service Provider will have an extension of time for performance for the duration of that period. The Service Provider will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the Service Provider’s obligations may be performed despite the Force Majeure Event.
16. UPDATES TO THESE TERMS
The Service Provider reserves the right to amend and update these Terms from time to time.
17. LIABILITY AND INDEMNITY
17.1 Whilst every reasonable precaution is taken by the Service Provider to ensure security and safety at Events, the Service Provider shall not in any way be liable for any loss or damage suffered by you whatsoever in relation to an Event, save that nothing in these Terms shall be deemed to limit the liability of any person for death or personal injury caused by negligence.
17.2 The Service Provider will not be held liable for any losses you may incur as a result of the cancellation of an Event.
17.3 WITHOUT PREJUDICE TO SECTIONS 17.1 AND 17.2 OF THESE TERMS, THE SERVICE PROVIDER’S AGGREGATE LIABILITY WITH RESPECT TO ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, WHETHER DUE TO BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER REASON, WILL BE LIMITED TO THE TOTAL AMOUNT OF ANY PRE-PAID FEES PAID BY THE CUSTOMER TO THE SERVICE PROVIDER IN RESPECT OF THE SERVICES OR EVENT IMMEDIATELY PRECEDING THE BREACH, VIOLATION, ACT, OR OMISSION GIVING RISE TO THE LIABILITY.
18. APPLICABLE LAW, DISPUTE RESOLUTION, AND JURISDICTION
18.1 These Terms will, in all respects, be governed by and construed under the laws of the Republic of South Africa.
18.2 The Parties hereby consent and submit to the exclusive jurisdiction of a competent court in the Republic of South Africa in any dispute arising from or in connection with these Terms.
19.1 Subject to any Service-Specific Terms, these Terms constitute the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms not incorporated in these Terms shall be binding on either of the Parties.
19.2 No addition to or variation, deletion, or agreed cancellation of any and all clauses or provisions of these Terms will be of any force or effect unless in writing and signed by the Parties.
19.3 No waiver of any of the terms and conditions of these Terms will be binding or effectual for any purpose unless in writing and signed by the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given. Failure or delay on the part of either Party in exercising any right, power or privilege hereunder will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
19.4 Any provision or clause of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain of full force and effect. The Parties declare that it is their intention that these Terms would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.