Terms & Conditions
Standard Terms for the Purchase of Online Courses and Workshops.
These terms and conditions apply to KC Compliance Learning provided by KC Compliance Pty Ltd (company registration number 2019/539378/07) of Johannesburg, South Africa (“KC Compliance Pty Ltd” or “we” or “us”).
You may contact us on learning@kccompliance.co.za and/or +27 82 431 9221
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Course Specific Terms and Conditions.
2. These Standard Terms for the Purchase of Online and Workshops.
3. Website Disclaimer. .
- “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
- “Course Materials” means the information provided by KC Compliance Pty Ltd to accompany a course provided as part of the Services in hard copy or electronic form.
- “Fees” means the fees paid by you to KC Compliance Pty Ltd for the Services.
- “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
- “Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
- “Services” means the provision of the Online Course and/or Workshops and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by invoicing.
- “Workshop” means a course or training delivered by an instructor in a classroom setting to which you attend in person or virtually e.g. Zoom
- “Website” means www.kccompliance.co.za , www.kccompliance.talentlms.com and www.learning.kccompliance.co.za
- “You” means the individual or legal entity purchasing the Services.
- 2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, certification or employment opportunity from your purchase and completion of any of the Services.
3.1. In order to purchase any of the Services on-line you must register for an account with us via our Website or platforms. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services via Email and Invoicing
3.2. To purchase a Service using email and invoicing email learning@kccompliance.co.za and request an invoice. You do not need to have registered for an account with us to purchase any of the Services using email. You must, however, register a user/learner account with us to access your course on-line.
3.3. When you place an order for a Service via the Website, or email you are offering to purchase the Services on these terms and conditions. KC Compliance Pty Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or email we will contact you confirming receipt of your order.
3.5 Please note that all online courses expire 30 days after they have been assigned to you. It is your responsibility to complete the course within the 30 days of it being assigned and failure to do so will result in you forfeiting the course. Any exception made or extension granted is at our sole discretion.
3.6. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant fees from you in accordance with clause 5 below.
3.7. Where your order consists of multiple Online Courses or multiple Workshops, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
- 4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 10 days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services provided you have not made use of or accessed the product or service during this time.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of KC Compliance Pty Ltd.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or detailed to you over email prior to your purchase of the Services.
5.3. Fees for the Service selected by you on the Website or purchased over email shall be debited from your credit / debit card at the time of purchase or paid by EFT after invoicing. Fees must be paid in full prior to you attending any Workshop or accessing any Online Course unless you are making use of the 3 monthly instalment "pay later" option available at on online store.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and KC Compliance Pty Ltd shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Workshops or your access onto any Online Course.
5.6 Failure to pass the course assessment/evaluation in the permitted number of attempts does not entitle a learner to any full or partial refund of fees paid.
5.7 If after registration and payment a learner fails to attend a workshop in whole or in part without prior notification to the instructor/facilitator, that learner will not be entitled to any refund. Accommodation at any future workshops is not guaranteed and will be at the sole discretion of KC Compliance.
6.2. Although KC Compliance Pty Ltd aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for
(i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information,
(ii) any loss or corruption of data,
(iii) any loss of profit, revenue or goodwill, or
(iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, KC Compliance Pty Ltd's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit KC Compliance Pty Ltd’s liability for
(i) death or personal injury caused by negligence,
(ii) fraudulent misrepresentation or
(iii) any other matter which under South African law may not be limited or excluded.
6.6 You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking, and other types of computer misuse.
6.7 Whilst we try to ensure that the Training Website does not contain any errors, defects, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Training Websites or any materials made available via the Training Websites.
6.8. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of KC Compliance Pty Ltd or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission.
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given.
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer.
(iv) remove any copyright or other notice of KC Compliance Pty Ltd on the Course Materials.
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
The Training Websites may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites.
9.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
9.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
9.3. This clause shall continue notwithstanding termination of these terms and conditions.
10.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
a) fail to pay when your Fees are due
b) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of KC Compliance Pty Ltd, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course.
c) cheat or plagiarise any work which you are required to prepare or submit in connection with the Services.
d) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses.
e) intentionally or recklessly damage our property or the property of our employees or other students attending our Taught Courses;
f) are intoxicated through alcohol or illegal drugs while on our premises or attending our Taught Courses;
g) commit any criminal offence on our premises or while attending our Taught Courses where the victim is our employee or a student;
h). are in breach of these terms and conditions.
10.2. On termination clause 6 (liability), 7 (intellectual property rights), and 9 (confidentiality) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
KC Compliance Pty Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, electricity load shedding, Government edict or regulation.
Although we use reasonable endeavors to ensure that the Training Website is available 24 hours a day 7 days a week, we cannot promise that access to the Training Websites will be uninterrupted or error free. There may be occasions when access to the Training Websites is interrupted. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
You can contact us by any of the following methods:
Email: learning@kccompliance.co.za
Post: P.O Box 71 Cresta 2118, South Africa
Telephone: +27 82 431 9221
Our workshops are designed, delivered and are the intellectual property of KC Compliance Pty Ltd. By registering for this workshop, you acknowledge and consent to the following -
a. This workshop or parts of this workshop may be recorded for training, development, and marketing purposes. The learner hereby consents to any feedback, review and comments about the workshop including their name and image being shared for the purpose of future promotions and marketing by KC Compliance Pty Ltd.
b. The date of the workshop may be changed at the sole discretion of KC Compliance if such change in date is beyond the reasonable control of KC Compliance. If the new date is not suitable for a learner, they will be given a full refund of the workshop fee or pro rata if the cancellation relates to a part of the workshop. The learner will have no recourse to any other damages or compensation.
c. KC Compliance workshops are designed for personal development and learning and are not accredited for professional certification or CPD hours by any Professional or Regulatory Body. You will receive a certificate of attendance on completion of the workshop.
d. Should you wish to cancel your registration for a workshop you should do so no later than 10 days prior to the workshop date to receive a full refund. Between 9 days and 3 days before the workshop you will receive a 50% refund. Anything less than 3 days will result in the full workshop fee being non-refundable.
e. We require a minimum number of participants for any advertised workshop to proceed. In the event that the minimum participation number is not reached by the registration or payment deadline the workshop will be cancelled and all registered and paid individuals will receive a full refund of the fees paid.
f. If at any time during the workshop a participant's behaviour becomes disruptive and impacts the ability of other learners to achieve the learning outcomes the disruptive participant can be removed from the workshop and will not be eligible for any refund or any other compensation.
g. Any material shared with the learner during the workshop is the intellectual property of KC Compliance Pty Ltd and may not be shared, distributed, or reproduced in full or in part for any purpose or commercial gain without the express written consent of KC Compliance Pty Ltd.
h. The learner hereby consents to the collection and processing of their personal information for the purposes of administering and facilitating the courses and workshop.