Terms And Conditions

The long version

1. Provision of training:
   • Thoughtsmiths shall provide to you the selected training programme, including relevant course materials, subject to the payment of the applicable fees (set out in clause 2) and the terms and conditions set out herein.

2. Compensation:
   • On registration for a training programme Thoughtsmiths will invoice you for the full amount of the relevant training programme fee. This fee is payable in advance and your place in a training programme is not confirmed until such payment has been received in full.
   • Any additional costs and expenses incurred by Thoughtsmiths in respect of other services, including but not limited to, extra facilitator meetings, briefing sessions and/or coaching calls, shall be charged at the standard rates of Thoughtsmiths and invoiced for. All amounts invoiced will be payable in full, without deduction, within no more than 7 (seven) calendar days from date of invoice.
   • Thoughtsmiths shall be entitled to charge interest on all overdue amounts at the rate equal to the prime overdraft rate as quoted by First National Bank from time to time plus 2% .

3. Cancellation and Absenteeism:
   • If you are unable to attend the training programme for which you have registered, and:
   • Provide us with at least fourteen (14) calendar days’ notice, the fee paid for the training will be refunded to you in full; or
   • Provide us with at least seven (7) calendar days’ notice, 75% of the fee paid for the training will be refunded to you; or
   • Provide us with less than seven (7) calendar days’ notice, a maximum of 50% of the fee paid for the training will be refunded to you.
   • Thoughtsmiths reserves the right to cancel a training programme at any time, giving as much notice as reasonably possible. In this case our liability shall be limited to offering you registration for the same training programme on an alternative date or, at your election, a refund of the training fee in full.
   • You will only be awarded the number of training and/or mentoring hours you actually attend. If you miss any portion of the training programme for any reason, you may make up the required number of training and/or mentoring hours privately with Thoughtsmiths trainers/mentors at your own cost. The provisions of clause 2 concerning other services shall apply.

4. Ownership Rights:
   • Except where expressly stated, Thoughtsmiths owns all right, title and interest in and to the intellectual property making up our training programmes, course materials and other services. These are protected by copyright laws and international treaty provisions, and we assert and reserve all our rights in this regard.  Your participation in a training programme does not in any way result in an assignment or license of any intellectual property owned by us or any other party.

5. No Warranty and Limitation of Liability:
   • Our training programmes, course materials and other services are provided “as is”, without representations or warranties of any kind, either express or implied. In particular we make no representations or warranties that the training programmes, course materials or other services are fit for a particular purpose or shall enhance performance.
   • You assume responsibility for selecting a training programme or service which you deem appropriate to achieve your intended results and for the use of, and any results obtained therefrom.
   • Whilst taking due care in sourcing information, we rely to a large degree on third party sources and other factors outside our control. In consequence, no statement in any document is to be deemed in any circumstances to be a representation, undertaking or warranty and no claim whatsoever may be made against us if such statement proves inaccurate.
   • To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these terms, your participation in a training programme, use of course materials or other services, or termination of a programme or service for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall our aggregate liability to you for any and all claims exceed the total amount of fees received from you in the three months preceding any cause of action.

6. General provisions
   • These terms make up the entire agreement between you and us concerning your registration for a training programme and other services.
   • The terms and provisions in this agreement may not be modified or varied unless done in writing and signed by both parties.
   • The parties agree that these terms and conditions shall be subject to the laws of the Republic of South Africa and that the Courts of South Africa shall have jurisdiction over any dispute arising out of or as a consequence of these terms and conditions.
   • If any aspect of these terms conflicts with any information provided elsewhere, then these terms will prevail unless expressly stated otherwise.
   • In the event that any part of these terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these terms.
   • These terms, and any rights granted in terms of these terms, may not be transferred or assigned by you.
   • If we choose not to enforce any part of these terms, this does not mean that we cannot do so at a later time. No waiver of any term shall be deemed a further or continuing waiver.