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Terms and Conditions

UPDATED: 29 MAY 2018

  1. Introduction

    1. This website can be accessed at www.ctutraining.ac.za, related mobi-sites and software applications (the “Website”) and is owned and operated by CTU Training Solutions Online (RF) (Proprietary) Limited (“CTU Training Solutions”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Services, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of services including events, training, e-learning subscriptions, branded merchandise and more (“Services”).
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

      1. may limit the risk or liability of CTU Training Solutions or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify CTU Training Solutions or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask CTU Training Solutions to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with Digital Content, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of Digital Content.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or CTU Training Solutions in terms of the CPA.
    6. CTU Training Solutions permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  3. Registration and use of the website
    1. Only registered users may order Services on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to CTU Training Solutions. You will need to use your unique username and password to access the Website in order to purchase Services.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Services, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify CTU Training Solutions immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 13 (thirteen) years of age or older and of full legal capacity. If you are under the age of 13 (thirteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised CTU Training Solutions representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised CTU Training Solutions representative.
  4. Conclusion of sales and availability of courses/items
    1. Registered users may place orders for Services, which CTU Training Solutions may accept or reject. Whether or not CTU Training Solutions accepts an order depends on the availability of Services, correctness of the information relating to the Services (including without limitation the price) and receipt of payment or payment authorisation by CTU Training Solutions for the Services.
    2. NOTE: CTU Training Solutions will indicate the acceptance of your order by delivering the Services to you or allowing you to collect them, and only at that point will an agreement of sale between you and CTU Training Solutions come into effect (the “Sale”). This is regardless of any communication from CTU Training Solutions stating that your order or payment has been confirmed. CTU Training Solutions will indicate the rejection of your order (by CTU Training Solutions itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Placing Services in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Services, and as such, Services may be removed from the shopping basket if courses/items is no longer available or the price thereof might change without notice to you. You cannot hold CTU Training Solutions or the Third Party Seller liable if such Services are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    4. You acknowledge that courses/items of all Services on offer is limited and that pricing may change at any time without notice to you. In the case of Services for sale by CTU Training Solutions, CTU Training Solutions will take all reasonable efforts to monitor courses/items levels and ensure that when courses/items is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of courses/items. When Services are no longer available after you have placed an order, CTU Training Solutions will notify you and you will be entitled to a refund of any amount already paid by you for such Services.
    5. In the case of Services for sale by a Third Party Seller, CTU Training Solutions relies on inventory information supplied by the relevant Third Party Seller and CTU Training Solutions accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Services from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
    6. Certain Services may not be purchased for re-sale. Should we suspect that any such Services are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
    7. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
  5. Refunds
    1. In order to request and process a refund for online payments, customers must complete the refund application form and e-mail a copy and supporting documentation to [email protected] CTU Training Solutions will send you an email to notify you that we have received your request for refund.
      1. CTU Training Solutions will also notify you of the approval or rejection of your refund, this process may take up to 14 days (2 weeks).
      2. CTU Training Solutions will not refund any amount paid for training, should a delegate no longer wish to attend the course. In CTU’s discretion, a replacement candidate may be sent for the course booked.
      3. If your refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 days (2 weeks).
      4. Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected]
      5. Sale items (if applicable) Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
      6. Should you purchase any services directly from a CTU campus, the terms and conditions regarding refunds as per the enrolment contract will apply.
  6. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment for Services for sale by CTU Training Solutions can be made for via –
      1. debit card;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. CTU Training Solutions will not accept your order if payment has not been received;
      4. Instant EFT;
      5. Zapper
      6. CTU Training Solutions Vouchers;
    3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
    4. You may contact us via your personal account to obtain a full record of your payment. We will also send you email communications about your order and payment.
    5. Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Services.
  7. Delivery of Services
    1. Refer to CTU Training Solutions enrolment terms and conditions.
    2. Where it accepts your order, CTU Training Solutions will deliver the Services to you as per your enrolment contract in line with the enrolment terms and conditions. In the case of e-Learning subscriptions or digital self-paced learning services, all relevant content/links will be provided to you within 48-hours (excluding weekends and public holidays) once payment has been approved and verified, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Services. If you elect to cancel your order, we will reimburse you for the purchase price.
  8. Cancellation
    1. Should your application have been entered into as a result of direct marketing (website registrations) by CTU, the student and/or the co-signatory shall have a 5 (five) business days cooling off period, calculated from the signature date, during which the form may be cancelled, in writing, without reason or penalty by the student and/or the co-signatory. All amounts paid to CTU will be paid back to the student and/or the co-signatory within 15 (fifteen) business days of receipt of the written cancellation.
  9. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Refunds Policy.
    2. CTU Training Solutions shall not be bound by any incorrect information regarding our Services displayed on any third party websites.
  10. Gift Vouchers & Coupons
    1. CTU Training Solutions may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of CTU Training Solutions Services. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
    2. Gift Vouchers
      1. Gift Vouchers that CTU Training Solutions gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
      2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
      3. CTU Training Solutions is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
    3. Coupons
      1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
      2. Coupons are issued in CTU Training Solutions’ sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
      3. As a general rule, and unless specified otherwise on the specific Coupon itself:
        1. each Coupon can only be used once;
        2. only one Coupon can be used per order;
        3. only one Coupon can be used on the Website per person per promotion/campaign;
        4. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
        5. a Coupon must be used at check-out – it cannot be used later on existing orders; and
        6. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    4. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. CTU Training Solutions is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
    5. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by CTU Training Solutions, before you are able to use a Coupon.
    6. Click here for instructions on how to use/redeem a promotional coupon.
  11. Make us an Offer and other discounted Services
    1. From time to time, we may offer certain Services at discounted prices as part of a Make us an Offer, App Only Deal or a Package Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you purchase a service within the scope of a Deal, you will pay the discounted price for that service (the “Deal Price”).
    2. However, if you buy a service in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each service that falls outside the scope of the Deal.
    3. For example: if you buy more than one service in a Make us an Offer Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Package Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
    4. Make us an Offer
      1. Make us an Offer Deals (“Make us an Offer Deals“) will be available daily and on weekends. Make us an Offer Deals will expire two weeks after an offer has been made.
      2. We do not guarantee a specific saving. The extent of the Make us an Offer Deal or discount is at the sole discretion of CTU Training Solutions.
      3. Adding a Make us an Offer Deal to your cart, or completing your order for a Make us an Offer Deal without paying for it, does not reserve the item for you. CTU Training Solutions must receive payment from you within 3 days of you placing your order for a Make us an Offer Deal, otherwise we will cancel your order.
      4. The List Price shown in respect of Daily Deals and other discounted Services is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
      5. By purchasing any Make us an Offer Deal, you are also automatically opting in for our Deals newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Services purchased.
    5. App Only Deals
      1. We also have Deals (called “App Only Deals“) which will only be available for purchase using the CTU Training Solutions software application (“App”), although they may also be displayed on the CTU Training Solutions website and mobi-site. The App can be downloaded from the CTU website. The following terms apply to App Only Deals:
        1. App Only Deals are only available for purchase using the App and their prices may differ from the normal selling prices at which those particular Services may be available on the website or mobi-site.
        2. You will only receive the App Only Deal price if you pay for your order using the App before the App Only Deal has expired or sells out. You will not receive the App Only Deal price if you pay for your order using the website or mobi-site, or if you don’t pay for your order before the App Only Deal has expired or sells out.
    6. Package Deals
      1. We may from time to time offer package deals for sale on the Website (“Package Deals“). Each Package Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single package.
      2. Any saving or discount resulting from purchasing a Package Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history.
      3. Any saving or discount in respect of a Package Deal will be applied only to the total price and not to the prices of the individual component products.
  12. Digital Content
    1. A “Digital Content” means electronic content capable of being opened and read on your PC, Mac or any other mobile hardware devices (such as iphones and android) using Adobe Digital Editions software (“Adobe Reader”), (“Skillpipe eReader”), CTU Training Solutions (“LMS platform”), or any relevant third party platform. Your access to any Digital Content purchased by you from us will be granted via a link to such Digital Content) (the “Link”).
    2. IMPORTANT – Instructions will be delivered to you by e-mail regarding how to redeem and access your Digital Content.
    3. Delivery of Digital Content:
      1. Where CTU Training Solutions accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant Digital Content from the relevant Digital Content publisher and deliver such Link to you by e-mail. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, CTU Training Solutions does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within 48-hours, but can also take up to 7 business days. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
        1. CTU Training Solutions does not guarantee that Digital Content publishers will make their Digital Content available for download indefinitely and CTU Training Solutions accepts no responsibility or liability to you or any other person if, upon your accessing your content on a third party platform. CTU Training Solutions may only provide support and refer you to the relevant third party site for technical support.
        2. We do not charge any delivery fees for electronic delivery of the relevant Digital Content link, however, you may incur costs (eg internet service provider fees) associated with downloading the Digital Content, and we will not under any circumstances be liable for any such costs incurred by you.
    4. Returns of Digital Content: Please refer to our Refunds Policy.
    5. Illegal use of Digital Content:
      1. All Digital Content are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of Digital Contents is intended for your personal and non-commercial use. Any other use of Digital Contents purchased from us is strictly prohibited.
      2. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Digital Content, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ Digital Content to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant Digital Content’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
      3. By downloading any Digital Content, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify CTU Training Solutions from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against CTU Training Solutions which arise from or in relation to your having participated in any Illegal Activities in relation to any Digital Content sold by CTU Training Solutions.
  13. Changes to these Terms and Conditions
    1. CTU Training Solutions may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  14. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions in accordance with our privacy policy.
  15. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of CTU Training Solutions, its advertisers and/or sponsors and/or is licensed to CTU Training Solutions.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
    4. Where any of the Website Content has been licensed to CTU Training Solutions or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  16. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst CTU Training Solutions takes reasonable measures to ensure that the content of the Website is accurate and complete, CTU Training Solutions makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by CTU Training Solutions’s representatives, CTU Training Solutions shall not be bound thereby.
    3. CTU Training Solutions disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Any views or statements made or expressed on the Website are not necessarily the views of CTU Training Solutions, its directors, employees and/or agents.
    5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, CTU Training Solutions also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of CTU Training Solutions, its employees, agents or authorised representatives. CTU Training Solutions thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  17. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and CTU Training Solutions is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  18. Limitation of liability
    1. CTU Training Solutions cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of CTU Training Solutions, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Customer Service page.
    2. CTU Training Solutions shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
    3. You hereby indemnify CTU Training Solutions against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
  19. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. CTU Training Solutions may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that CTU Training Solutions will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. CTU Training Solutions is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by CTU Training Solutions to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and CTU Training Solutions, in whole or in part, on notice to you. CTU Training Solutions shall only be liable to refund monies already paid by you (see CTU Training Solutions’s Refunds Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to CTU Training Solutions.
  20. Governing law and jurisdiction
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and CTU Training Solutions, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  21. Notices
    1. CTU Training Solutions hereby selects P.O. Box 22821, Helderkruin, 1733 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). CTU Training Solutions may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving CTU Training Solutions not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  22. Complaints
    1. We are a participant under the Consumer Services and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the Services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Customer Service page on the Website or you can contact our call centre on 0861 100 395.
  23. Information
    1. For the purposes of the ECT Act, CTU Training Solutions’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: CTU Training Solutions (Pty) Ltd, a private company registered in South Africa with registration number 2005/038944/07
      2. Main business: Training institution
      3. Postal address for receipt of legal service: P.O. Box 22821, Helderkruin, 1733
      4. Office bearers: Directors
      5. Phone number: +27 12998 2424
      6. Email address: [email protected]
  24. General
    1. CTU Training Solutions may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. Any failure on the part of you or CTU Training Solutions to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    7. These Terms and Conditions contain the whole agreement between you and CTU Training Solutions and no other warranty or undertaking is valid, unless contained in this document between the parties.

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