{"id":2211,"date":"2023-04-06T11:18:27","date_gmt":"2023-04-06T11:18:27","guid":{"rendered":"https:\/\/cetsa.co.za\/?page_id=2211"},"modified":"2024-09-25T08:11:59","modified_gmt":"2024-09-25T08:11:59","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/cetsa.co.za\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n

TERMS AND CONDITIONS OF THE CONSTRUCTION ENTERPRISES TRAINING SYSTEM<\/strong><\/h1>\n\n\n\n

These are the terms and conditions to which applicants\/licensees agree when subscribing and using the Construction Enterprises Training System (Pty) Ltd (CET System) at domain: www.CETSA.co.za. If you are agreeing to these Terms & Conditions on behalf of yourself and\/or a company, government department or other legal and\/or created entity \u201cEntity\u201d then \u201cCustomer\u201d or \u201cyou\u201d or \u201cyour\u201d shall refer to such entity and its affiliates (including all licensees using the website), and you warrant that you have the necessary authority to bind the Company\/Department\/Entity and its affiliates to these Terms & Conditions and you are binding the Company\/Department\/Entity and its affiliates to these Terms & Conditions. You shall each be referred to as the \u201cParty\u201d and together as the \u201cParties\u201d in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, then do not register and pay and you must not use the Training Materials and \/ or related documentation, whether printed or available online, provided by The Construction Enterprises Training System (Pty) Ltd in relation with the training (\u201cTraining Material\u201d). The Construction Enterprises Training System (Pty) Ltd reserves the right to review and update these Terms & conditions periodically at its sole discretion.<\/p>\n\n\n\n

    \n
  1. INTERPRETATION<\/strong>\n
      \n
    1. The headings of the clauses in this Agreement are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention appears-<\/li>\n\n\n\n
    2. Words importing-\n
        \n
      1. any one gender includes the other gender;<\/li>\n\n\n\n
      2. the singular includes the plural and vice versa; and<\/li>\n\n\n\n
      3. a natural person includes juristic persons (corporate or unincorporated) and vice versa.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
      4. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.<\/li>\n\n\n\n
      5. References to clauses, and annexures are to the clauses and annexures of this Agreement; references to paragraphs are to paragraphs of the relevant annexures to this Agreement.<\/li>\n\n\n\n
      6. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.<\/li>\n\n\n\n
      7. When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.<\/li>\n\n\n\n
      8. The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.<\/li>\n\n\n\n
      9. The contra proferentum rule shall not apply; none of the provisions hereof shall be construed against or interpreted to the disadvantage of the part responsible for drafting or preparation of such provision<\/li>\n\n\n\n
      10. The Copright of all content on the training system belongs to Construction Enterprises Training System (Pty) Ltd.   <\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
          \n
        1. DEFINITIONS<\/strong>\n
            \n
          1. The definitions and rules of interpretation in this clause apply in this Agreement.\n
              \n
            1. “Agreement” means this agreement and any schedules and annexures thereto;<\/li>\n\n\n\n
            2. “Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information by a Party, or information which the receiving Party knows or reasonably should have known is of a proprietary or confidential nature;<\/li>\n\n\n\n
            3. \u201c\u201ccomputer\u201d means an electronic, magnetic, optical, electrochemical or other data processing device, including the physical components thereof which is capable of\u2014\n
                \n
              1. containing data; or<\/li>\n\n\n\n
              2. performing a logical, arithmetic or any other function in relation to data including, without limitation, a desktop computer, laptop, notebook, mobile telephone, tablet or like device configured for use by a single user at a time.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
              3. \u201cdata\u201d means any representation of information, knowledge, facts or concepts, capable of being processed through a computer;<\/li>\n\n\n\n
              4. “Intellectual Property Rights” means all the rights in and to intellectual property including (without limitation) the rights in and to trademarks, service marks, trade names, domain names, logos, get-ups, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, rights in respect of any new or existing compilation of any data or information not covered under any existing copyright, any structured analysis, reports, application and any resulting know-how, use or any other results originating or following from or as a consequence of data being made available in respect of any of the aforementioned or part thereof, and all similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, as well as any Confidential Information or processes relating to that subject matter;<\/li>\n\n\n\n
              5. \u201cTraining Courses\u201d and \u201cTraining Modules\u201d means the training and mentorship courses provided by The Construction Enterprises Training System (Pty) Ltd on www.cetsa.co.za<\/a>.  <\/li>\n\n\n\n
              6. \u201cTraining Materials\u201d means related documentation, whether printed or available online, provided by The Construction Enterprises Training System (Pty) Ltd in relation to the Training Courses and includes, without limitation, printed templates, videos and online course across the entire learnership course. <\/li>\n\n\n\n
              7. A \u201cLicense\u201d refers to the licensee or user having valid login credentials and a confirmed user profile that has been successfully paid for and registered to enter the training modules and materials. The license allows the licensee full access to all training modules under www.cetsa.co.za<\/a> and is valid for a period of six (6) months from the date of receipt of full payment with an option to renew the license. <\/li>\n\n\n\n
              8. A \u201cLicensee\u201d refers to the registered user (who has paid in full) on the www.cetsa.co.za mentorship and training platform.<\/li>\n\n\n\n
              9. The words \u2018include\u2019, \u2018including\u2019 and \u2018in particular\u2019 shall be construed as being by way of example or emphasis only and shall not be construed as, nor shall it take effect as, limiting the generality of any proceeding words;<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                  \n
                1. TRAINING COURSES<\/strong>\n
                    \n
                  1. We offer several categories of mentorship and training modules, all these modules fall into a single license fee and are not paid for separately. <\/li>\n\n\n\n
                  2. A license is valid for a period of 6 (six) months only, with the commencement date being the date of receipt of full payment of the license. A license allows singular access to all training materials and training modules available on the website. <\/li>\n\n\n\n
                  3. We reserve the right to update and change the content of any Training Module at any time and without notice.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                      \n
                    1. BOOKING PROCEDURE<\/strong>\n
                        \n
                      1. A license application is made by completing the online registration process available on The Construction Enterprises Training System (Pty) Ltd website at https:\/\/www.cetsa.co.za, or by contacting the sales team and\/or the company directors directly (as in the case for bulk or group registrations). The customer must ensure that his\/her correct and complete contact details are supplied during registration. By submitting an online registration application, the customer indicates that he\/she has read, understood and accepted these terms and conditions. Each time a licensee accesses their learning portal (Login), they agree that he\/she has read, understood and accepted these terms and conditions.<\/li>\n\n\n\n
                      2. Payment of the course fee is required to be registered as a user\/licensee on the website and to gain personal login credentials. <\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                          \n
                        1. PAYMENT TERMS<\/strong>\n
                            \n
                          1. The Training Course fee is payable immediately through PayFast during the process of registration \u2013 unless otherwise discussed in person with the directors of The Construction Enterprises Training System (Pty) Ltd if group registrations are required \u2013 this discussion to be documented in writing and a formal invoice will be generated for immediate payment. <\/li>\n\n\n\n
                          2. Our annual license fee shall be indicated on the website and shall remain fixed and firm for those who have purchased a six-months’ licence within that 6 months. The fee shall be subject to change at our sole discretion for those who are yet to enter into a licence agreement. We may offer bulk purchase discounts and we may have monthly specials at our sole discretion. <\/li>\n\n\n\n
                          3. We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                              \n
                            1. CANCELLATION POLICY AND TRANSFER<\/strong><\/li>\n<\/ol>\n\n\n\n

                              Cancellation by Party<\/p>\n\n\n\n

                                \n
                              1. Commensurate with the provision of section 17 of the Consumer Protection Act, you have the right to cancel your registration for The Construction Enterprises Training System (Pty) Ltd, in which event; we will impose a reasonable charge for cancellation of your registration (15% CHARGE).<\/li>\n\n\n\n
                              2. If you notify The Construction Enterprises Training System (Pty) Ltd in writing by email that you wish to cancel your license (Having not yet started any courses or logged into the system), you will be entitled to a refund of the Training Course fee actually paid less a 15% cancellation charge. Please ensure that you receive a confirmation of receipt of your email from the administrator of the Construction Enterprises Training System (Pty) Ltd<\/li>\n\n\n\n
                              3. We will process a refund within 30 days of receiving your written license cancellation together with your banking details supported by documentary proof of your bank account. All refunds will be processed via electronic funds transfer to the original payer. We will not make payment refunds to 3rd<\/sup> parties. <\/li>\n\n\n\n
                              4. Once you gained entry to your profile (you have logged in using your supplied credentials), then cancellation of the license will not be allowed. <\/li>\n\n\n\n
                              5. No transfer of licenses will be allowed. A single license is granted to one licensee and remains with them for a period of 6 (six) months.<\/li>\n\n\n\n
                              6. We reserve the right to restrict access or even prevent access to a Party who may not have paid or who may be deemed a risk to the protection of the website and its contents. Such shall be done at our sole discretion but we will provide a NOTICE when we do so.   <\/li>\n<\/ol>\n\n\n\n
                                  \n
                                1. PURCHASE AND LICENSING OF TRAINING COURSES & MATERIALS<\/strong>\n
                                    \n
                                  1. The prices applicable to The Construction Enterprises Training System (Pty) Ltd are set out at our website at www.cetsa.co.za.\n
                                      \n
                                    1. Online Training Courses: You may only download and use the Templates. No other training material may be downloaded, copied, printed or replicated in any way.\u00a0<\/li>\n\n\n\n
                                    2. A single license allows you access to all training modules and training materials on\u00a0www.cetsa.co.za<\/a>. A single license is valid for a period of 6 (six) months with the option to renew your license six-monthly at a reduced license fee.\u00a0<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                    3. License login details may not be shared with any other persons, companies, users, or across any other electronic platforms. <\/li>\n<\/ol>\n\n\n\n
                                        \n
                                      1. YOUR OBLIGATIONS<\/strong><\/li>\n<\/ol>\n\n\n\n

                                        Save as specifically mentioned in this Agreement, you undertake and\/or procure that your employees, designees or any other person considered a licensee on your behalf or on your account so undertake:<\/p>\n\n\n\n

                                          \n
                                        1. not to copy the mentorship Training Materials or related documentation.<\/li>\n\n\n\n
                                        2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the mentorship Training Materials or related documentation;<\/li>\n\n\n\n
                                        3. not to alter, or modify, the whole or any part of the mentorship Training Materials or related documentation, nor permit the mentorship Training Materials or any part of them to be combined with, or become incorporated into, any other materials;<\/li>\n\n\n\n
                                        4. to supervise and control use of the mentorship Training Materials (templates only) and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;<\/li>\n\n\n\n
                                        5. not to provide or otherwise make available the mentorship Training Materials or related documentation in whole or in part, in any form to any person without prior written consent from The Construction Enterprises Training System (Pty) Ltd<\/li>\n\n\n\n
                                        6. not to discredit the Construction Enterprises Training System (PTY) Ltd in any media or form. Should you have a concern or a recommendation then you can raise such with us in writing by email where we will give you feedback.<\/li>\n\n\n\n
                                        7. Failure to adhere to these obligations can result in immediate license cancellation and any other recourse that the laws of Southern Africa may allow including the recovery of costs, damages, loss of profit and the like. <\/li>\n<\/ol>\n\n\n\n
                                            \n
                                          1. CONFIDENTIALITY<\/strong>\n
                                              \n
                                            1. Each Party may be given access to Confidential Information of the other Party in order to perform its obligations under this Agreement. A Party’s Confidential Information shall not be deemed to include information that:\n
                                                \n
                                              1. is or becomes publicly known other than through any act or omission of the receiving Party;<\/li>\n\n\n\n
                                              2. was in the other Party’s lawful possession before the disclosure;<\/li>\n\n\n\n
                                              3. is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;<\/li>\n\n\n\n
                                              4. is independently developed by the receiving Party, which independent development can be shown by written evidence; or<\/li>\n\n\n\n
                                              5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                              6. Each Party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.<\/li>\n\n\n\n
                                              7. Each Party shall take all reasonable steps to ensure that the other Party’s Confidential Information to which it has access, is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                  \n
                                                1. DATA PRIVACY & PROTECTION<\/strong>\n
                                                    \n
                                                  1. Each Party’s data shall be and remain the property of that Party and its affiliates. Neither Party shall divulge the data of the other Party to third parties (unless provided otherwise in this Agreement) and a Party shall use the data of the other Party only for purposes of this Agreement.<\/li>\n\n\n\n
                                                  2. Neither Party shall possess or assert any lien or other right against or to the other Party’s data, or sell, assign, lease or otherwise dispose of the other Party’s data, or any part thereof, to third parties.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                      \n
                                                    1. INTELLECTUAL PROPERTY RIGHTS<\/strong><\/li>\n<\/ol>\n\n\n\n

                                                      You agree that The Construction Enterprises Training System (Pty) Ltd owns all intellectual property rights in the mentorship Training Materials and the related documentation throughout the world, that certain rights in the mentorship Training Materials and the related documentation are licensed (not sold) to you, and that you have no rights in, or to, the mentorship Training Materials or the related documentation other than the right to use them in accordance with the terms of this Agreement.<\/p>\n\n\n\n

                                                      All documents, videos, emails and the like as presented on this mentorship training course are copy righted to The Construction Enterprises Training System (Pty) Ltd.<\/p>\n\n\n\n

                                                        \n
                                                      1. CERTIFICATE OF ATTENDANCE<\/strong>\n
                                                          \n
                                                        1. We pride ourselves in the quality of our mentorship training modules and strive to maintain quality levels at least commensurate with if not better than prevailing industry standards.<\/li>\n\n\n\n
                                                        2. Accordingly, we do not issue certificates of attendance as a matter of course, as our focus is on the practical aspects of implementation rather than the theoretical side<\/li>\n\n\n\n
                                                        3. We do provide a certificate per license that the system has been purchased by the end user and the validity thereof. <\/li>\n\n\n\n
                                                        4. As we pride ourselves on the practicality and the usefulness of the material presented in our mentorship training modules, we do offer a module for the user to self-evaluate their progress made. <\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                            \n
                                                          1. PRIVACY POLICY:<\/strong> https:\/\/cetsa.co.za\/privacy-policy\/<\/a><\/li>\n<\/ol>\n\n\n\n
                                                              \n
                                                            1. OUR LIABILITY<\/strong>\n
                                                                \n
                                                              1. Nothing in this Licence shall exclude or in any way limit The Construction Enterprises Training System (Pty) Ltd liability for fraud, or for death or personal injury caused by its gross negligence, or any other liability to the extent that may not be legally excluded or limited in law.<\/li>\n\n\n\n
                                                              2. We will not be liable under, or in connection with this Agreement or any collateral agreement for loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise (collectively referred to for the sake of convenience as \u201cLosses\u201d)<\/li>\n\n\n\n
                                                              3. You agree to indemnify and hold us harmless against all cost or Losses suffered or incurred by us due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against us arising out of or relating to a third party’s actual or alleged harm, loss or damage caused to your or a delegate\u2019s person or property due to any cause.<\/li>\n\n\n\n
                                                              4. Subject to what is provided above, our maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, delict or otherwise, shall be limited to a maximum of one off sum equal to R500.00 (five hundred rands)<\/li>\n\n\n\n
                                                              5. Our liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in South Africa.<\/li>\n\n\n\n
                                                              6. These terms set out the full extent of our obligations and liabilities in respect of the supply of the mentorship Training Courses, Training Materials and related documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us save as specifically stated in this Agreement.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                                  \n
                                                                1. TERMINATION<\/strong><\/li>\n<\/ol>\n\n\n\n

                                                                  We may terminate the license granted you in terms of this Agreement upon written notice to you in the following circumstances:<\/p>\n\n\n\n

                                                                    \n
                                                                  1. you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 7 calendar days after the service of written notice requiring you to do so; or<\/li>\n\n\n\n
                                                                  2. Upon termination for any reason:\n
                                                                      \n
                                                                    1. all rights granted to you under this Licence shall cease;<\/li>\n\n\n\n
                                                                    2. you must cease all activities authorised by this Licence;<\/li>\n\n\n\n
                                                                    3. you must immediately delete or remove the Training Materials or related documentation from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Training Materials and related documentation then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                    4. We reserve the right to terminate your license by providing written notice to you together with our reason for the termination. <\/li>\n\n\n\n
                                                                    5. We further reserve the right to restrict access or even prevent access to a Party who may not have paid or who may be deemed a risk to the protection of the website and its contents. Such shall be done at our sole discretion  <\/li>\n<\/ol>\n\n\n\n
                                                                        \n
                                                                      1. TRANSFER OF RIGHTS AND OBLIGATIONS<\/strong>\n
                                                                          \n
                                                                        1. The license granted to you in terms of this Agreement is binding on you and us, and on our respective successors and assigns.<\/li>\n\n\n\n
                                                                        2. You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written approval having been obtained.<\/li>\n\n\n\n
                                                                        3. However, we may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                                            \n
                                                                          1. DISPUTE RESOLUTION<\/strong>\n
                                                                              \n
                                                                            1. In the event of there being any dispute or difference between the parties arising out of this Agreement, then the Party must raise the dispute in writing within 21 days of the event arising, and such dispute notice shall be sent by email titled NOTICE OF DISPUTE.<\/li>\n\n\n\n
                                                                            2. On receipt of the other Party of the NOTICE OF DISPUTE, the Parties will first attempt to resolve the dispute in an amicable manner by engaging with each other by email or on-line calls. The amicable dispute resolution process shall not be less than 45 days as of the date of the NOTICE OF DISPUTE  <\/li>\n\n\n\n
                                                                            3. If after the Parties have endeavoured to resolve the dispute by amicable dispute resolution then the Party who raised the dispute may elect to take the matter to arbitration using the Association of Arbitrator of South Africa rules. In such a case the Party must notify the other Party of their intention to take the matter to Arbitration within 15 days after the amicable dispute resolution period.<\/li>\n\n\n\n
                                                                            4. Any Party to the dispute shall be entitled to forthwith call upon the chairperson of the Association of Arbitrators to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the Parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.<\/li>\n\n\n\n
                                                                            5. Any Party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the Association of Arbitrators rules for commercial arbitration.<\/li>\n\n\n\n
                                                                            6. Nothing herein contained shall be deemed to prevent or prohibit a Party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.<\/li>\n\n\n\n
                                                                            7. Any arbitration in terms of this clause  (including any appeal proceedings) shall be conducted in camera and the Parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration.<\/li>\n\n\n\n
                                                                            8. This clause 17 will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.<\/li>\n\n\n\n
                                                                            9. The Parties agree that failure of the Parties to comply with the days provided in 17 A), 17 B) and 17 C) shall result in the matter being deemed to be resolved and the Parties shall be indemnified of any further liabilities in connection with the matter that led or would have led to the NOTICE OF DISPUTE.<\/li>\n\n\n\n
                                                                            10. It is recorded that 17 I) of above shall not prevent The Construction Enterprises Training System (Pty) Ltd from cancelling and\/or terminating the Agreement. <\/li>\n\n\n\n
                                                                            11. The jurisdiction for all matters shall be Johannesburg, Gauteng, South Africa.  <\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                                                \n
                                                                              1. EVENTS BEYOND OUR REASONABLE CONTROL<\/strong>\n
                                                                                  \n
                                                                                1. We will not be liable to you under this Agreement if we are prevented from or delayed in performing any of our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, an act of God, war, riot, civil commotion, malicious damage, cyber-attack or extortion, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, load shedding of electrical power, unreliability of electrical, cell phone, fibre and data service providers, etc. <\/li>\n\n\n\n
                                                                                2. For so long as the force majeure event persists, our obligations will be suspended and we will have an extension of time for performance for the duration of that period. However, we will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                                                    \n
                                                                                  1. WAIVER<\/strong>\n
                                                                                      \n
                                                                                    1. If, at any time during the terms of this Agreement, we do not insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, such failure must not be regarded as a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.<\/li>\n\n\n\n
                                                                                    2. A waiver by us of any default must not be regarded as a waiver of any subsequent default.<\/li>\n\n\n\n
                                                                                    3. A waiver by us of any of these terms and conditions shall only be effective if we communicate it to you expressly in writing.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                                                        \n
                                                                                      1. GENERAL<\/strong>\n
                                                                                          \n
                                                                                        1. Any notice required or permitted to be given by either party to the other under these terms shall be in writing, and shall be called NOTICE and make reference to the Clause. <\/li>\n\n\n\n
                                                                                        2. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.<\/li>\n\n\n\n
                                                                                        3. Should it be necessary for us to update and\/or modify these Terms and Conditions, then we reserve the rights to do so but and update or modification will be brought to all licensees attention by means of an email and\/or a message on the web site.  <\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
                                                                                            \n
                                                                                          1. ENTIRE AGREEMENT<\/strong>\n
                                                                                              \n
                                                                                            1. These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of a Construction Enterprises Training System (Pty) Ltd license, Training Materials and related documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.<\/li>\n\n\n\n
                                                                                            2. We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.<\/li>\n\n\n\n
                                                                                            3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party\u2019s only remedy shall be for breach of contract as provided in these terms and conditions.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
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                                                                                              1. GOVERNING LAW & JURISDICTION<\/strong>\n
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                                                                                                1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of South Africa.<\/li>\n\n\n\n
                                                                                                2. Without detracting from the provisions of clause 17, the parties irrevocably agree that the High Court of Johannesburg, South Africa has jurisdiction.  <\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n
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                                                                                                  1. NOTICES<\/strong>
                                                                                                    You can contact us by emailing: sales@cetsa.co.za<\/a>
                                                                                                    By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications must be in writing.<\/li>\n<\/ol>\n\n\n\n

                                                                                                    All Notices as sent to us must be titled NOTICE and you are to receive confirmation of receipt by us of the NOTICE before it can be deemed as being delivered. An automatically generated \u2018read receipt\u2019 or \u2018delivery receipt\u2019 shall not be deemed proof of delivery.  <\/p>\n\n\n\n

                                                                                                    <\/p>\n","protected":false},"excerpt":{"rendered":"

                                                                                                    TERMS AND CONDITIONS OF THE CONSTRUCTION ENTERPRISES TRAINING SYSTEM These are the terms and conditions to which applicants\/licensees agree when subscribing and using the Construction Enterprises Training System (Pty) Ltd (CET System) at domain: www.CETSA.co.za. If you are agreeing to these Terms & Conditions on behalf of yourself and\/or a company, government department or other […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_themeisle_gutenberg_block_has_review":false,"footnotes":""},"class_list":["post-2211","page","type-page","status-publish","hentry","entry","owp-thumbs-layout-horizontal","owp-btn-normal","owp-tabs-layout-horizontal","has-no-thumbnails","has-product-nav"],"_links":{"self":[{"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/pages\/2211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/comments?post=2211"}],"version-history":[{"count":5,"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/pages\/2211\/revisions"}],"predecessor-version":[{"id":3166,"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/pages\/2211\/revisions\/3166"}],"wp:attachment":[{"href":"https:\/\/cetsa.co.za\/wp-json\/wp\/v2\/media?parent=2211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}