Practical Training Ts&Cs

---

1) A formal online booking, that includes a purchase order or proof of payment is required as acceptance of a quotation. No verbal acceptances will be used to book training.

2) Course fees do not include travel, accommodation, flights, visas, site establishment or any other costs that might be incurred before training can begin;

3) Course bookings will only be made once a fully completed booking form has been received by Height Safe 360 with proof of payment for the training as per payment agreement.

4) Failure to provide proof of payment will result in the forfeiture of any reserved dates.

5) Cancellation fees will be charged on any booking not canceled at least 72 hours (3 working days) before training date for local training.
5.1 48 hours cancellation will incur 50% payment loss
5.2 24 hours cancellation will incur 100% payment loss
5.3 Cancellation of International courses must be done 14 working days in advance or it will incur 100% payment loss

6) In the event where a learner does not attend training booked or prior arrangements were made (records as proof required), the client will incur 100% payment loss for the amount of the course booked.

7) In the event where a learner does not pass his/her breathalyser test, the client will incur 100% payment loss for the amount of the course booked.

8) The applicable price structure and a repayment will apply to courses rescheduled caused by non-attendance from a learner due to the fact that the original payment was forfeited as per point 6. above.

9) Prices stated on the price list and quoted on are subject to change without prior notice.

10) Prices are quoted excluding vat unless otherwise stated.

11) The period of validity for a quotation is 7 days unless otherwise stated.

12) Dates for unconfirmed bookings are subject to change without prior notice.

13) If fewer learners than the amount stated on the order, or no learners, are present at any time of the course then the course order will be invoiced as per the placed order according to the bookings form or purchase order.

14) If insufficient numbers of learners are confirmed for a booked course, the dates are subject to change.

15) Learners will not receive their temporary licence to operate or be licences without full payment being received.

16) In the event of a dispute regarding the attendance of a learner or group of learners, the burden of proof shall lie with the client and/or the candidates who contend attendance.

17) Learners who fail to hand in a portfolio of evidence at the conclusion of the course will not be found competent due to a lack of evidence and will still be liable for payment of course.

18) Where no contingencies have been made regarding weather that is not safe to train in and such weather could reasonably be expected then the full amount for the course is still payable.

19) Height Safe 360 Training Academy and/or its facilitators and assessors reserve the right to require a candidate to leave the course if such a candidate, in the opinion of the facilitator, constitutes a disruption or danger to him/herself or other persons.

20) The acceptance of learners on a course is subject to passing a breathalyser test and the learner’s medical fitness. Learners are required to produce a certificate of medical fitness and passing the breathalyser test before training commences and those who fail to do so will be refused acceptance onto a course.

21) Learners who weigh more than 130 kg will be refused entry to the course due to the limitations of the equipment. No leniency or waiver in this regard will be considered.

22) No pregnant woman will be accepted onto course.

23) The instructions of a facilitator, while candidates are working at height, are to be obeyed at all times.

24) Candidates are not permitted to be involved with other tasks for the duration of the training.

25) Where training is presented at a site of the clients choosing, the client has the responsibility to supply a suitable and certified training structure for the entire duration of the course, as well as a suitable classroom or conference room. This must be in accordance with all the off-site requirements as per the communication by Height Safe 360 Training Academy.

26) Height Safe 360 Training Academy reserves the right to limit the number of learners on a course presented at the client site.

27) Facilitators have the right to refuse to carry out any training on a structure, or in an area that, in the facilitator’s opinion, is unsafe or otherwise unsuitable for learning.

28) Candidates are to supply their own PPE (Gloves, Overalls, boots, helmet with chin strap, etc.) for the training. Learners arriving without PPE will not be turned away, however Height Safe 360 will not take any responsibility for any injuries arising out of lack of PPE. However Height Safe 360 Training Academy will provide all working at heights training equipment.

29) Candidates are to provide their own meals and refreshments for the duration of the training, unless otherwise arranged.

30) No alcohol is allowed on the premises before, during or after training.

31) Candidates must arrive prepared for physical work (including climbing structures) and be dressed appropriately.

32) Where sufficient learner/candidate information has not been provided (i.e. certified copy of id book, home language, home and postal addresses and highest school qualification), Height Safe 360 Training Academy will not accept responsibility for delays in certification.

33) All Training is delivered in English, unless otherwise arranged. Should the learner not read or write English, then it is the clients’ reason ability to provide a translator for their learners at their own cost.

34) These terms and conditions are subject to change from time to time. Proof of terms and conditions for a specific order may only be proven if the terms that accompanied a quote that was accepted during its validity period can be produced by the disputing party.

35) Height Safe 360 training academy will not be liable for any indirect or unusual losses suffered as a result of defects or and loss of any kind owing to negligence or intent on the clients part, including any fault of an employee, officer or agent of the client.

36) Any additional terms and conditions stipulated elsewhere on the quotation shall also be applicable.

37) Certificates and Licences are to be COLLECTED at a Height Safe 360 Branch, unless otherwise prearranged and cost will be for clients’ account

38) In all agreements, the Law of the Republic of South Africa shall prevail in terms of sale of training service.

39) Placement of booking confirmation, purchase order and/or full payment of any training with Height Safe 360 Training Academy will be deemed as an automatic acceptance of all terms and conditions.

E-Learning Ts&Cs

---

This is a contract with Height Safe 360 Training Academy. Access to the online materials is through our E-learning platform (TalentLMS). Please carefully read the following terms before accessing this platform. By accessing the platform (which includes, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed in this agreement.

If you do not agree to these terms, you may not access the platform. By using this service, you agree that you have read, understand and agree to these terms. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

---

• 1 General
  • 1.1 Height Safe 360 Training Academy reserves the right to change the content used at any time.
  • 1.2 Customers who fail to complete the e-learning module in the time available will not be eligible for a refund.
  • 1.3 Customers will receive an electronic notification subsequent to the course end date.
  • 1.4 All rights not expressly granted herein are reserved.

2) Financial
2.1 Height Safe 360 Training Academy’s e-Learning quotes, prices are in South African Rand (ZAR).
2.2 Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country's tax regulations.
2.3 By accepting our Terms and Conditions, you are agreeing to our payment terms in regards to E-Learning.
2.4 Course fees include the licensing of training materials and appropriately qualified course content for a limited period of time. Each license is valid to one person only and cannot be exchanged or shared.
2.5 Height Safe 360 Training Academy reserves the right to review the pricing and take appropriate action when changes to module specification occur beyond our control.
2.6 All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.

3) Cancellation Policy
3.1 All cancellations must be received in writing.
3.2 If a customer cannot access TalentLMS online because they fail to meet the required system requirements, then Height Safe 360 Training Academy will not take responsibility or give a refund to the purchaser. It is the customer’s responsibility to test their system for any compatibility issues prior to completing the purchase.
3.3 The start date of all access is deemed to be the date that the customer first has access to the E-learning Platform. Height Safe 360 Training Academy will make one attempt to warn the customer when this access period has ended. After this attempt Height Safe 360 Training Academy can no longer guarantee access to the course or that certification will be possible.

4) Refunds
4.1 Once the purchase agreement is completed you will be given automatic access to the online materials for E-learning on the date the course is deemed to begin, no refund is available after you have accessed the e-learning platform.
4.2 No refund is given where a delegate does not complete the course or submit an assessment.
4.3 No refund is given where a customer does not use the full number of licenses stipulated in the purchase agreement.

5) E-Learning Materials
5.1 The training material is property of Height Safe 360 Training Academy.
5.2 This training material has been prepared, maintained, updated and distributed by Height Safe 360 Training Academy.
5.3 The use of the training material on our modules is restricted to the Registered User who has been supplied with the log in details by Height Safe 360 Training Academy.
5.4 The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Height Safe 360 Training Academy other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
5.5 The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
5.6 The materials made available by Height Safe 360 Training Academy are provided "as-is" without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
5.7 Height Safe 360 Training Academy does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User's responsibility.
5.8 Height Safe 360 Training Academy may make improvements, or changes, to this material at any time without prior notification.

6) Access to the modules
6.1 Height Safe 360 Training Academy strives to provide uninterrupted e learning content to its customers. To that end, Height Safe 360 Training Academy will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its customers. However, from time to time, customers may be unable to Access the courses due to conditions beyond Height Safe 360 Training Academy control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its customers, Height Safe 360 Training Academy will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
6.2 Height Safe 360 Training Academy endeavors to provide the highest quality content to its customers. To that end, Height Safe 360 Training Academy reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this platform in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this module.
6.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of this platform.
6.4. Height Safe 360 Training Academy shall make reasonable efforts to provide technical support Monday to Friday between the hours of 7am – 4pm excluding statutory holidays.

7) Third Party Content; Hyper-links
7.1 Height Safe 360 Training Academy makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Height Safe 360 Training Academy does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
7.2 Copyrights, Trademarks and Other Proprietary Rights.
7.3 Height Safe 360 Training Academy or its third party content providers shall retain all worldwide rights in the intellectual property in and on the platform, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the platform is copyrighted, trademarked, or otherwise protected and owned or licensed by Height Safe 360 Training Academy.
7.4 8.1 Except as expressly stated on the platform or in these Terms, nothing that You read or see on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of goodelearning.com, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Height Safe 360 Training Academy intellectual property.

8) Disclaimers and Limitation of Liability
8.1 Users access this platform at his/her/its own risk. The site is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed. Height Safe 360 Training Academy does not warrant any particular result from use of the software or platform. Height Safe 360 Training Academy does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.
8.2 Under no circumstances and under no legal theory (tort, contract or otherwise) shall Height Safe 360 Training Academy or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
8.3 Your use of this platform is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Height Safe 360 Training Academy received from students for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
8.4 In no event will Height Safe 360 Training Academy be liable for any damages in excess of the amount Height Safe 360 Training Academy received from the customer for access to a course, even if Height Safe 360 Training Academy has been informed of the possibility of such damages, or for any claim by any other party.
8.5 In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
8.6 This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Height Safe 360 Training Academy, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Height Safe 360 Training Academy is not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect this site.

9) The Contract
9.1 When you commit to the purchase of Height Safe 360 Training Academy's e-learning products you agree to be bound by these Terms and Conditions. You agree to use the E-learning material for your own personal learning and not to reproduce, sell, hire or copy Module materials (in whole or in part) and not to use such materials except for personal reference.
Access will be given to the online materials from purchase order received for a fixed registration period. After this period, you may apply to have access extended provided a satisfactory reason is given. We reserve the right to refuse access after the initial period at our sole discretion.

10) Certificates
10.1 All certificates will be provided at Height Safe 360 Training Academy's discretion.