Professional Dog Grooming Academy Terms of Use
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The Organisation |
The Professional Dog Groomer’s Association (PDGA) |
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Physical address |
30 Fishermans Village Dana Bay Western Cape South Africa |
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Email address |
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Contact number |
+27 83 654 3595 |
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Website addresses |
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Purchases (through third party service provider) |
Definitions and Interpretation
1.1. The head notes to the clauses of these Terms and Conditions are inserted for reference purposes only, and shall in no way govern or affect the interpretation thereof.
1.2. Unless inconsistent with the context, the expressions set forth shall bear the following meanings:
1.2.1. The / this Agreement means these Terms and Conditions;
1.2.2. Customer means you, the user or any party purchasing Products from the Organisation;
1.2.3. Effective Date means the date of accessing the Website or purchasing any Products from the Organisation;
1.2.4. Fees means the fees due and payable by the Customer to the Organisation in respect of the Products;
1.2.5. Parties means the Organisation and the Customer and "Party" shall mean either one of them as the context may indicate; and
1.2.6. Products means the different products, courses and goods sold by the Organisation through the Website or the third-party service providers, more fully set out below.
1.3. Schedules, appendices or annexures to these Terms and Conditions shall be deemed to be incorporated in and form part of these Terms and Conditions.
1.4. Expressions defined in these Terms and Conditions shall bear the same meanings in schedules, appendices or annexures to these Terms and Conditions to the extent to which they do not themselves contain their own definitions.
- This Agreement
2.1. The Organisation and Customer agrees that this Agreement sets out the terms of purchase of Products and usage of said Products by the Customer.
2.2. Acceptance occurs and this Agreement comes into being on the Effective Date.
2.3. These Terms and Conditions comprise the only terms and conditions upon which the Organisation will do business with the Customer and shall prevail notwithstanding any terms or conditions contained in any other document offered at any time by the Organisation or otherwise brought to the Organisation’s attention by the Customer.
- Commencement and duration
Due to the nature of the Products; this Agreement shall commence on the Effective Date and shall endure indefinitely.
- Fees and payment terms
4.1. The Customer shall adhere to the payment terms included in the third-party service provider terms and conditions. As the Organisation is utilising this service provider to facilitate transactions, the terms and conditions of the service provider is vital and must be read and understood by the Customer.
4.2. Prices reflected on each Invoice is not subject to VAT.
4.3. Payments by the Customer shall not be deemed to have been received unless actually received by the Organisation at its offices or electronically paid into its bank account after all amounts have been cleared by the relevant financial institution.
4.4. The Customer shall not be entitled to make any deduction from the Fees payable by it to the Organisation in respect of any alleged rights to set off or counter-claims unless both the validity and the amounts thereof have been expressly acknowledged and admitted in writing by the Organisation.
4.5. The Customer shall not, under any circumstances, be entitled to withhold payment of any amount due under this Agreement. In the event that the Customer fails to make due and timeous payment of any amount owing to the Organisation under this Agreement.
4.6. The Organisation shall be entitled to suspend the Customer’s access to the Products, until such time as the Customer shall have paid to the Organisation such fees, including any interest, which may have accrued thereon.
- Increase in charges
The Organisation shall have the right to alter and increase the charges and Fees by publishing same on the Website.
- The Products
6.1. The Organisation has created courses and course material to be utilised only in terms of this Agreement.
6.2. The Products are unique and may not be recreated in any way by the Customer.
6.3. The Products, due to their nature may require contact and feedback from the Organisation to the Customer, this may include:
6.3.1 grading of assignments and tests;
6.3.2. personal contact sessions; and
6.3.3. advise and input by the Organisation
6.4. All feedback must be treated as confidential.
6.5. The Organisation retains the right, at its sole discretion to award grades, based on its own methodology, system and expertise. The Customer, regardless, of the feedback and grade, shall under no circumstance be entitled to a refund on the Products. Due to its nature, the information by way of method and channel of communication has been transferred to the Customer, through the Products. Thus, the information cannot be returned, save for possible disseminated physical material, and therefore, no matter how aggrieved the Customer, as to the methodology applied and grade asserted shall not be entitled to a refund on the Products.
6.6. Grievances of any nature can be communicated to the Organisation by way of email and the Organisation shall use its best endeavors to assist the Customer.
6.7. Customer’s shall only receive the requisite certification should the grades be satisfactory in the sole discretion of the Organisation.
6.8. The Customer unequivocally agrees that the Customer is not purchasing the certification, but the information and expertise of the Organisation in the Products.
- Security
Kindly revert to the Organisation’s Privacy Policy for more information.
- Consent
8.1. The Customer hereby consents that, and authorises the Organisation or its agent to, at all times:
8.1.1 contact, request and obtain information from any credit provider (or potential credit provider) or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer; and
8.1.2. furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding the Customer’s dealings with the Organisation.
- Use and control and ownership of information and Products
9.1. Ownership of the Products and the information contained therein, or amended and substituted from time to time, including all underlying intellectual property rights subsisting therein, shall vest in the Organisation.
9.2. For the sake of clarity and the avoidance of all doubt, the Organisation shall retain possession of the Products and ownership of all information submitted to it by the Customer, notwithstanding the termination or cancellation of the Agreement.
- Warranties and indemnification
10.1. The Customer undertakes and warrants in favour of the Organisation that:
10.1.1. it shall utilise the information obtained by it from the Products or the Products themselves only for a private personal use and shall not resell, reverse engineer, utilise other than what intended by the Organisation, reproduce, the information obtained from the Products or the Products themselves.
10.1.2. the Customers shall at all times not disseminate, share or load the Products onto other platforms, cloud-based services with other parties or publish the information obtained from the Products or the Products themselves.
10.1.3. it understands that the Products have been painstakingly created only by the Organisation and any contravention or mis-use of the Products shall severely prejudice the Organisation.
10.1.4. it will utilise the Products in a safe and controlled manner, limited to the teachings elucidated through use of the Products. The Products are educational in nature, but the practicalities of same determine that the Customer shall have contact with animals and attend to the grooming of same.
10.2. Without in any way limiting the generality of this clause, the Organisation shall not be liable for any loss, liability, damage or expense of whatsoever nature suffered by the Customer as a result of, or which may be attributable to:
10.2.1. the use by the Customer or any other person of any of the information comprising, or obtained from, the Products or the Products themselves;
10.2.2. any mistake, error or omission in any of the information comprising, or obtained from, the Products; and / or
10.2.3. any delay or failure in delivering, or in any manner communicating, any of the information comprising, or obtained from, the Products.
10.3. The Customer indemnifies the Organisation against all loss, liability, damage and expense of whatsoever nature which the Organisation may suffer as a result of, or which may be attributable to:
10.3.1. any breach by the Customer of any of its acknowledgements, undertakings or warranties in terms of this Agreement;
10.3.1. any unauthorised use made by the Customer of the Products; or
10.3.3. any unauthorised use made by the Customer of the third-party services and service providers terms and conditions.
10.4. The Customer wholly indemnifies the Organisation from any liability, loss, damages, harm or expense and cannot hold the Organisation or its employees liable in any way, that may arise due to the Customer attending to animals or the grooming of animals, which includes the Customer harming and animal or the animal harming the Customer, employees of the Customer or any associates of the Customer. The Customer undertakes any of the courses or Products entirely at its own discretion and explicitly agrees that the Organisation or its employees are not liable for any action or inaction of the Customer or any claim that may arise from the Customer performing any function / action displayed in the Products, by another third party, the Customer itself or owner of the animal.
10.5. The Customer agrees that no warranties or representations, whether express or implied, other than those recorded in this Agreement have been given or made by Organisation in connection with this Agreement.
- Breach
11.1. Without prejudice to its rights at law, should the Customer:
11.1.1. fail to pay any Fee or other amount in terms of this Agreement;
11.2.2. breach any other term of this Agreement; or
11.1.3. cause the Organisation to breach the terms of its Agreement with any third-party service provider;
11.2. The Organisation shall be entitled to:
11.2.1. claim immediate payment of all outstanding amounts from the Customer;
11.2.2. suspend the performance of any obligation owed by it to the Customer;
11.2.3. give the Customer 20 (Twenty) days’ notice of its intention to cancel this Agreement; and / or
11.2.4. claim any damages that it may have suffered from the Customer as a result of those acts listed in this clause
- Legal proceedings
11.1. In any proceedings by the Organisation for the recovery of any amounts due by the Customer in terms of any Invoice:
11.1.1. the Customer consents to the jurisdiction of any Magistrate's Court otherwise having jurisdiction, notwithstanding that the sum due might exceed the jurisdiction of such court (subject to the right of the Organisation not to proceed out of such court at its sole discretion); and
11.1.2. the Customer shall be liable for and pay all reasonable legal costs, including collection commission, expenses and charges incurred by the Organisation in enforcing any of the terms contained herein on an attorney and client scale.
- Intellectual Property
Copyright and any other intellectual property rights of whatsoever nature in the Products and any / all data, lists, tables, and other information supplied by the Organsiation, including the Products themselves, to the Customer will remain the exclusive property of the Organisation.
- Confidential Information
The Customer shall treat all information supplied by the Organisation to the Customer as strictly confidential (except to the extent that any such information is available in the public domain) and shall not without the prior written consent of the Organisation, disclose or part with possession of any such information.
- Governing Law
This Agreement is governed by the laws of the Republic of South Africa.
- General
15.1. The Customer shall not be entitled to cede or assign any of its rights and obligations contemplated herein.
15.2. The Customer warrants and acknowledges that any person who signs the Agreement on behalf of the Customer is and will be deemed to be duly authorised by the Customer to sign the document concerned as referred to above, on its behalf and to bind the Customer to the terms thereof.
15.3. Each provision in these Terms and Conditions is severable from all others and if any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining provisions, phrases, sentences, paragraphs and clauses shall nevertheless continue to be of full force and effect.
15.4. These Terms and Conditions are of general application to the provision of any services and Products by the Organisation to the Customer and no amendment to these Terms and Conditions will be deemed to have occurred unless specifically agreed to by the Organisation in writing.
15.5. The Organisation may at any time amend these Terms and Conditions subject to publishing on the Website.
15.6. This Agreement constitutes the sole record of agreement between the Parties in relation to the subject matter hereof. No Party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded in the Agreement.
15.7. No indulgence or extension of time which either Party (the Grantor) may grant to the other shall constitute a waiver of, whether by estoppel or otherwise, or otherwise limit any of the existing or future rights of the Grantor in terms hereof, save in the event and to the extent that the Grantor has signed a written document expressly waiving or limiting such right.
15.8. Without prejudice to any other provision of the Terms and Conditions, any successor-in-title, including any executor, heir, liquidator, judicial manager, curator or trustee of any either Party, shall be bound by this Agreement.
