Terms of Use
CPD Ninja maintains this website, any courses/conferences offered (“Services”) and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and CPD Ninja. If you do not agree to these terms, do not use this Site.
1. Use of Site
CPD Ninja provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses or conferences offered through this, site (the “Materials”). CPD Ninja authorizes each User to view the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not:
a. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Materials without prior written permission;
b. record on video or audio tape, relay by videophone or other means the Material
c. use the Materials in the provision of any other course or training whether given by us or any third party trainer;
d. remove any copyright or other notice of CPD Ninja on the Materials;
Breach by you of this clause 1 shall allow us to immediately terminate the agreement between CPD Ninja and with you and cease to provide you with any Services, including but not limited to access to the website.
In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Materials and the software in respect of the Materials for the sole purpose of completing the online course.
2. User Warranty
As a User you warrant that you are not an agent or employee of any other continuous professional development (CPD) training company and the Site and Materials are solely for the purpose of increasing your knowledge and earning CPD points for yourself.
3. Trademark and Copyright
CPD Ninja, and certain other brands, trademarks, and service marks are marks of CPD Ninja and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
4. Fees
The Fees for the Services shall be as set out on the Website. All Fees shall be exclusive of any amounts payable to any professional body for registration and/or certification and/or for VAT. These are payable by you directly to the relevant professional body and we accept no responsibility or liability for your failure to do so. You shall be responsible for all costs you incur in connection with your attendance of any CPD Ninja courses or conferences or your access to any online content.
5. Cancellation and Variation
If you have purchased an online course and have already accessed, downloaded all or part of the online course and/or started to use the Materials then you shall have no right to cancel your order. Any other cancellation and/or variation of course dates will be at the entire discretion of CPD Ninja.
6. Hyperlinks
Links to external websites are provided solely as a convenience to you. CPD Ninja has not reviewed all of these external websites, does not control, and is not responsible for any of these sites, their content, nor their relevance. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
7. No Warranty
CPD Ninja has made the Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. CPD Ninja further does not warrant the accuracy and completeness of the Materials at this Site. CPD Ninja may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and CPD Ninja makes no commitment to update the Materials at this Site.
8. Limitation of Liability
In no event will CPD Ninja, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever arising out of the use, inability to use, or the results of the use of this Site, any websites linked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort, delict or any other legal causes and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
Although CPD Ninja aims to provide the Services to the highest standards of the industry, neither it, nor its trainers or presenters accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Materials and any reliance by User 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.
CPD Ninja 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, Acts of God.
Each course or conference is accredited for a limited period which will be published on the website. If you fail to complete the course/conference before this period, then you will not be eligible for earning CPD points. CPD Ninja will not be held liable for failure to earn CPD points or for refunding fees in this instance.
CPD Ninja’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 Materials in relation to which a dispute has arisen.
No claim may be brought more than 30 days after the last date on which the Services concerned have finished or ceased to be provided by us.
9. Termination
CPD Ninja 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 fees are due;
b. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
c. steal or act in fraudulent or deceitful manner towards us;
d. intentionally, recklessly or negligently damage our property;
e. are in breach of these terms and conditions.
f. alter the CPD Ninja content or presentation in any way;
g. generally act or omit to act (as the case may be) in bad faith in your handling of the relationship with, or goods and services emanating from CPD Ninja.
On termination clause 8 (Limitation of Liability) and 1 (Use of Site), shall continue notwithstanding such termination.
10. Assignment
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 this agreement 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.
11. Applicable Law
The Terms of Use are governed by the laws of South Africa. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. CPD Ninja may assign its rights and duties under the Terms of Use without notice to any party at any time.
12. Effective Date and Updates
The Terms are effective as of 24 January 2020 and are subject to change without notice by CPD Ninja at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
13. Variation
This Agreement constitutes the entire agreement between the parties and no modification, variation or alteration thereto shall be valid unless in writing and signed by both parties hereto.
14. Indulgence
No indulgence granted by either party shall constitute a waiver of any of its rights under this agreement or operate as an estoppel; accordingly, either party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other party which may have arisen in the past or which may arise in the future.
15. Entire Contract
The parties agree that this agreement constitutes the entire contract between them and that there are no other conditions, stipulations, warranties or representations whatsoever made, other than such as may be included herein.
16. Contra Proferentum rule of interpretation
Despite the existence of a rule of interpretation of contracts (mentioned above) in terms of which the party which inserts a clause in an agreement shall bear the prejudice in the event of that clause being unclear, the parties agree that they have read, understood, and where necessary, they have amended this agreement, and that the said rule of interpretation shall not apply to this agreement.
17. Utmost good faith
The parties record that they have entered into this agreement in the utmost good faith, and that it is the intention of the parties to at all time deal frankly, openly and honestly with one another.
18. Notices
Where a notice is sent to a party in terms hereof, it shall be deemed to have been received:
a. in the case of delivery by registered post, within 14(FOURTEEN) calendar days;
b. in the case of delivery to a physical address, on the first business day following delivery;
c. in the case of delivery by electronic or digital means, on the first business day following transmission;
d. whichever means of delivery of notices is utilised, it shall not be valid unless proof of delivery is produced on demand.
19. DOMICILIUM CITANDI ET EXECUTANDI
For purposes of serving and/or delivering formal notices to one another, the parties shall utilise the addresses referred to above, and where such address is not completed by one party, the registered address for that party shall be deemed to be the domicilium citandi et executandi, or, where a party is a natural person, the last written address which the party furnished.