Terms and Conditions

SUPPLY OF SERVICES & DIGITAL CONTENT FOR FIRST CLASS CAREGIVING

STANDARD TERMS & CONDITIONS

These are the Terms and Conditions on which We supply Courses (as defined below) to You, whether these are Services (as defined below) or Digital Content (as defined below) and as listed on our Website, https://firstclasscaregiving.co.za (“the Website”). Please read these Terms and Conditions carefully before placing any Order (as defined below) with Us. You should understand that by ordering any of our Courses, You agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference. These Terms and Conditions are incorporated into the Contract between Us for the provision of the Courses. Please understand that if You refuse to accept these Terms and Conditions, You will not be able to Order any Courses, including Services or Digital Content from Us.

1. Definitions
In this document the following words shall have the following meanings:
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
“Contract” means these Terms and Conditions together with the terms of any applicable Service Specification;
“Courses” means courses supplied by Us, together with relevant Course Materials (where applicable) as more particularly described on the Website;
“Course Materials” means the supporting materials and documentation supplied with the Courses (where applicable);
“GDPR” means The General Data Protection Regulation (EU) 2016/679;
“Digital Content” means any e-learning, Webinars and Blended Learning resources provided to You by Us;
“Intellectual Property Rights” means patents, rights to Inventions, copyright and related rights, trade-marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered
or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

K. Westphal t/a First Class Caregiving is a sole proprietor;

“Licences” means Your right to access a digital e-learning course for a period of 12 months having previously paid for it or entered into a binding subscription to pay.
“Order” means Your Order for the Products;
“Products” means the Courses, including any Services or Digital Content.
“Services” mean the Services to be provided by Us to You in connection with the Courses, as more particularly described on the Website;
“Service Specification” means a statement of work or Order confirmation or other similar document describing the Services or Digital Content to be provided by Us;
“We / Our /Us” means First Class Caregiving a company registered as K. Westphal t/a First Class Caregiving is a company registered in South Africa. 41 York Road Kensington South Johannesburg 2094.
“You / Your” means the organisation or person, who purchases Services from Us.

2. INFORMATION ABOUT US
2.1. We operate the Website, https://firstclasscaregiving.co.za/.

3. GENERAL
3.1. These Terms and Conditions shall apply to all Contracts for the supply of Courses, including any applicable Licences, Services or Digital Content, by Us to You.
3.2. Before the commencement of the Courses, We will submit to You a Service Specification and/or description of the Courses (as appropriate) which shall specify the Courses, Course Materials (where applicable), Digital Content and/or Services to be performed or supplied and the price payable. You shall notify Us immediately if You do not agree with the contents of the Service Specification or description of the Courses. All Service Specifications or Course descriptions are subject to these Terms and Conditions.
3.3. Subject to clause 10, We shall use reasonable endeavours to complete the Services, provide the Digital Content or deliver the Courses within estimated time frames, but time shall not be of the essence in the performance of any Services and/or delivery of the Courses/ Digital Content.
3.4. We may, in addition to our employees, engage sub-contractors to provide all or part of the Courses/Services being provided to You and such engagement shall not relieve Us of our obligations under the Contract.

4. YOUR STATUS
4.1. By placing an Order with Us by any means (including by email, telephone, video conference call or via Our Website), You warrant that:

5. HOW THE CONTRACT IS FORMED
5.1. Placing an Order with Us. After placing an Order with Us by any means (including by email, telephone, video conference call or via Our Website), You will receive an e-mail from Us acknowledging that We have received Your

5.3. Acceptance of the Order by Us. The Contract between Us and You will only be formed when We send to You the Service Specification or the description of the Courses, together with the prices and the Terms and Conditions. If You do not agree with the contents of the Service Specification or written description of the Courses, You shall notify Us immediately (and in any event within 48 hours of the time/date of the Service Specification or description of the Courses) by any means (including by email, telephone, via Our Website). We will correct any errors in the

6. CANCELLATION CHARGES
6.1.Short Courses.
6.1.1.Once We receive confirmation from You that You wish to proceed with the Order as per Our Service Specification and/or Course
description, You shall be liable for the whole fee.

6.4.Distance Learning Courses.
6.4.1.Once We receive confirmation from You that You wish to proceed with the Order as per Our Service Specification and/or Course
description, You shall be liable for the whole fee.

6.5. E-Learning (Digital Content)/Webinar/Blended Learning.
6.5.1.In the event that You have downloaded, accessed or streamed the Digital Content within the 14 working day cooling off . You can no longer obtain a refund for that Digital Content.

6.6. All Courses.
6.6.1. No refund will be made for non-attendance on a Course.
6.6.2.In the event of a cancellation of a Course by Us, We will use reasonable endeavours to inform You as soon as possible of the cancellation, where it is practicable to do so. All Course prices paid will be reimbursed in full, but We are not obliged to reimburse any other costs which have been incurred by You.
6.7. Failure to notify the cancellation of the booking. Cancellation or transfer must be made known to Us before the date of the Course. If You do not attend a Course without giving prior notice to Us, the full Course fee remains payable.

7.1.We may end the Contract for a Product at any time by writing to You if:
7.1.1.You do not make any payment to Us when it is due and You still do not make payment within 7 days of Us reminding You that payment is due or7.1.2.You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Products or
7.1.3. You do not, allow Us access to Your premises to provide the Courses.
7.2. You must compensate Us if You break the Contract. If We end the Contract in the situations set out in clause 7.1 We will refund any money You have paid in advance for Products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of You breaking the Contract.

8. ALTERATIONS TO THE SERVICE SPECIFICATION
8.1. Alterations to the Service Specification requested by Us. We may propose alterations to the scope of the Services as set out in the Service Specification by giving 21 days written notice to You prior to the date that the Services are to be performed by Us. You shall, within 5 working days of receipt of such notice, or such other period as may be agreed between the parties, advise Us in writing as to whether or not You wish to proceed with the Contract on the basis of the alterations.

9. PROVIDING THE PRODUCTS
9.1. If the Products are one-off Services (course booking). We will provide the Service and book the Course on the date We accept Your Order.
9.2. If the Product is a one-off purchase of Digital Content. We will make the Digital Content available for download by You as soon as We accept Your Order.
9.3. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the Contract and receive a refund for any Products You have paid for but not received.
9.4. If You do not allow Us access to provide the Services. If You do not allow Us access to Your premises to provide the Courses as arranged (and You do not have a good reason for this) We may charge You additional costs incurred by Us as a result. If, despite our reasonable efforts, We are unable to contact You or re-arrange access to Your property We may end the Contract and clause 7.2 will apply.
9.5. What will happen if You do not give required information to Us. We may need certain information from You so that We can supply the Products to You, for example, an address for delivery. If so, this will have been stated in the description of the Products on our Website. We will contact You to ask for this information. If You do not give Us this information within a reasonable time of Us asking for it, or if You give Us incomplete or incorrect information, We may either end the Contract (and clause 7.2 will apply) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by You not giving Us the information We need within a reasonable time of Us asking for it.

9.7.Reasons We may suspend the supply of Products to You. We may have to suspend the supply of a Product to:
9.7.1.deal with technical problems or make minor technical changes;
9.7.2.update the Product to reflect changes in relevant laws and regulatory requirements;
9.7.3.make changes to the Service Specification as requested by You or notified by Us to You (see clause 10).
9.8.Your rights if We suspend the supply of Products. We will contact You in advance to tell You We will be suspending supply of the Products, unless the problem is urgent or an emergency. If We have to suspend the Product for longer than 30 days We will adjust the price so that You do not pay for Products while they are suspended. You may contact Us to end the Contract for a Product if We suspend it, or tell You We are going to suspend it, in each case for a period of more than 30 days and We will refund any sums You have paid in advance for the Product in respect of the period after You end the Contract.
9.9. We may also suspend supply of the Products if You do not pay. If You do not pay Us for the Products when You are supposed to (see clause 10.3) and You still do not make payment within 7 days of Us reminding You that payment is due, We may suspend supply of the Products until You have paid Us. We will contact You to tell You We are suspending supply of the Products. We will not suspend the Products where You dispute the unpaid invoice (see clause 10.6). We will not charge You for the Products during the period for which they are suspended. As Well as suspending the Products We can also charge You interest on Your overdue payments (see clause 10.4.3).

10. PRICE AND PAYMENT
10.1. Where to find the price for the Product. The price of the Product will be the price indicated on the Service Specification and/or description of the Course. We take reasonable care to ensure that the price of Product advised to You is correct. However please see clause 10.3 for what happens if We discover an error in the price of the Product You Order.
10.2. What happens if We got the price wrong. It is always possible that, despite our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting Your Order so that, where the Product’s correct price at the date of Your Order is less than our stated price at Your Order date, We will charge the lower amount. If the Product’s correct price at the date of Your Order is higher than the price stated in our price list, We will contact You for Your instructions before We accept Your Order. If We accept and process Your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the Contract, refund You any sums You have paid and require the return of any Products provided to You.
10.3. When You must pay and how You must pay. When You must pay depends on what Product You are buying:

10.3.1. For Digital Content, You must pay for the Digital Content before You download them.

10.3.2. For Services/Courses, We will invoice You for the price of the Services/Courses once We have completed our obligation to arrange the Services/Courses. You must pay each invoice within 7 calendar days after the date of the invoice.

10.4. We can charge interest if You pay late. If You do not make any payment to Us by the due date We may charge interest to You on the overdue amount at the rate of 11.75% a year above the base lending rate of the Reserve bank in South Africa from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

10.5. What to do if You think an invoice is wrong. If You think an invoice is wrong please contact Us promptly to let Us know and We will not charge You interest until We have resolved the issue.

10.8. We may increase the price of our products and services at any time of our choosing or at our own discretion. Any online or digital service will state the price at the time of purchase. A price increase will not affect you if you have already purchased a product.

11. CERTIFICATES
Certificates: Course certificates remain your property once paid for.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1. How We will use Your personal information. We will use the personal information You provide to Us:
12.1.1.to supply the Products to You;
12.1.2.to process Your payment for the Products; and
12.1.3.if You agreed to this during the Order process, to inform You about similar Products that We provide, but You may stop receiving
these at any time by contacting Us.
12.2.We will only give Your personal information to third parties where the law either requires or allows Us to do so.

13. ASSIGNMENT
13.1.You may not transfer Your rights to someone else. You shall not be entitled to assign its rights or obligations or delegate its duties under the Contract without the prior written consent of Us.
13.2. We may transfer this agreement to someone else. We may transfer, assign, charge, sub-Contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. OTHER IMPORTANT TERMS
14.1. Force Majeure Events. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture or supply by third parties of equipment or Services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. If the force majeure event continues for a period of longer than three (3) months, then either party shall be entitled to terminate the Contract without liability to the other. In the event that the Government issues a Pandemic Status anywhere in the South Africa, we will delay and/or postpone any “face to face” training dates
that may be booked to a time notified by the Government as safe to do so, there will be no cost for such a postponement by Us nor will a refund be due.

14.2. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
14.3. Notices. Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by email shall be deemed to be served on receipt of an error free transmission report.
14.4. Entire agreement. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between the parties relating to the subject matter and supersedes any previous discussions, correspondence, negotiations, agreements, previous arrangements, understanding or proposals, oral or written. Nothing in this Contract shall limit or exclude liability for fraud or fraudulent misrepresentation.
14.5.Variation.
14.5.1.We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
14.5.2.You shall be subject to the policies and Terms and Conditions in force at the time that they Order Services and/or Courses from Us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by You), or if Us notifies You of the change to those policies or these Terms and Conditions before Us sends You the Service Specification/Course description (in which case Us has the right to assume that You has accepted the change to the Terms and Conditions, unless You notifies Us to the contrary within seven (7) working days of receipt by You of the Services Specification/Course description.
14.6. Nobody else has any rights under this Contract (except someone You pass Your guarantee on to). This Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
14.7. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.8. Even if We delay in enforcing this Contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Products, We are still require You to make the payment at a later date.
14.9. Which laws apply to this Contract and where You may bring legal proceedings.
14.9.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-Contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.
14.9.2. Each party irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-Contractual disputes or claims).

14.10. Fair Usage. All use of our services will be subject to Fair Usage.