Terms and conditions

Important notice: Please read carefully before enrolling and/ or accessing or downloading any training materials from this website or any other platform provided by TGR.

This is a legal agreement between you and TGR Global Enterprises (Pty) Ltd of Building 14, Block C, Byls Bridge Office Park, Centurion, Gauteng, South Africa, 0157 (We) for your enrolment or purchase of the TGR CIO mentorship programme and training materials (“Programme” and “Training Materials” respectively), which may include printed materials and online documentation (Documentation).

By enrolling, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not allow you to participate in the Programme or furnish any Materials or Documentation to you.

1. APPLICATION

1.1 These terms and conditions (the Terms and Conditions) shall apply to the provision of the Programme by TGR to the Customer.

2. INTERPRETATION

2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

Agreement: these Terms and Conditions and (i) the CIO Application Form; or (ii) TGR Candidate Acceptance Letter.

Business Day: a day other than a Saturday, Sunday or public holiday in South Africa.

Charges: the charges payable by the Customer for the Programme in accordance with clause 6 (Charges and payment).

Contract for Services: The documents sent by TGR to the Customer, following an indication by Customer that it wishes to enrol in the Programme offered by TGR, setting out the details of the Programme, related admission requirements and the basis upon which TGR proposes to provide the Programme.

Delegate(s): an individual or representative scheduled by the Customer to attend the Programme.

Customer: the person or firm who purchases the Programme from TGR.

Customer Data: the data provided by the Customer for the purpose of facilitating the Programme.

Data Protection Legislation: means:

(a) The Protection of Personal Information Act 4 of 2013 (POPIA); and

(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of the Programme under these Terms and Conditions.

Personal Data: has the meaning given to it in the Data Protection Legislation.

Processing: has the meaning given to it in the Data Protection Legislation.

Programme: means the CIO mentorship programme to be supplied by TGR to the Customer as described in the Contract for Services.

TGR: means TGR Global Enterprises (Pty) Ltd.

Training Materials: any materials or documents provided by TGR as part of the Programme.

2.2 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

3. BASIS OF THESE TERMS AND CONDITIONS

3.1 These Terms and Conditions shall come into effect when either:

3.1.1 Customer completes the CIO Programme Application Form; or

3.1.2 Upon receipt by the Customer of the Candidate Acceptance Letter from TGR, at which point these Terms and Conditions shall be deemed incorporated into the Contract for Services.

3.2 Save for terms pertaining to the relevant Programme in the Contract for Services, any descriptive matter or advertising issued by TGR, and any descriptions contained in TGR’s catalogues, brochures or on their website, are issued or published for the sole purpose of giving an approximate idea of the Programme described in them; They shall not form part of these Terms and Conditions nor have any contractual force.

3.3 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate.

4. SUPPLY OF THE PROGRAMME

4.1 TGR shall use reasonable endeavours to supply the Programme to the Customer in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of the Programme should it be required at any time and without notice.

4.2 TGR reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Programme, and TGR shall notify the Customer in any such event.

5. CUSTOMER’S OBLIGATIONS

5.1 The Customer shall:

5.1.1 co-operate with TGR in all matters relating to the Programme;

5.1.2 provide TGR, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by TGR in the organisation of the Programme, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects 

6. CHARGES AND PAYMENT

6.1 Unless otherwise stated in the Contract for Services, the Charges for the Programme shall be calculated on a per Programme per Delegate basis.

6.2 The Customer shall pay any invoice submitted by TGR within 30 calendar days of the date of the invoice, and in any event prior to the Programme commencing, to a bank account provided on the invoice by TGR.

6.3 Failure by the Customer to pay any Charges when they fall due may (at TGR’s discretion) result in:

6.3.1 the Delegates’ place on the Programme being withdrawn;

6.3.2 TGR ceasing to provide the Programme.

6.5 All sums payable to TGR under this agreement:

6.5.2 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.4 The Charges paid and contemplated in this clause is nonrefundable in the event of a Delegate withdrawing from the Programme for any reason.

7. PROGRAMME ACCESS, MATERIALS AND PLATFORMS

Access:

7.1 Upon successful enrolment and payment, you will receive access to the Programme and Training Materials for the duration specified. Access is granted for personal use only and cannot be shared with any others.

Materials:

7.2 All Training Materials, including but not limited to videos, documents, and quizzes, are the intellectual property of TGR.

7.3 You may not reproduce, distribute, or share Training Materials without the express prior written permission of TGR.

Platforms:

7.3 The Programme is presented as an online programme and will be hosted and presented on Zoom and/or any other platform that may be required by TGR.

7.4 Candidates will be required to join groups on, but not limited to, WhatsApp, identified Apps, etc. in order to participate in the Programme and discussions.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights in or arising out of or in connection with the Programme, including any associated Training Materials shall be owned by TGR.

8.2 No reproductions, scans or copies (wholly or in part) shall be made of any the Training Material without the prior written consent of TGR.

9. CUSTOMER DATA

9.1 As between the parties, the Customer shall own all right, title and interest in and to all of the Customer Data.

9.2 The Customer grants TGR an irrevocable, unlimited and royalty-free licence to use the Customer Data provided to TGR for the purposes of providing the Programme.

9.3 Each party warrants that for the purposes of this Agreement it:

9.3.1 shall comply with the provisions of the Data Protection Legislation.

9.3.2 shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;

9.3.3 shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement;

9.3.4 shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement.

10. LIMITATION OF LIABILITY

10.1 In no event shall TGR be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your participation in the Programme.

10.2 TGR’s total aggregate liability in contract, misrepresentation, or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Programme.

10.4 This clause 10 shall survive the termination of the Agreement.

11. CONFIDENTIALITY

11.1 Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party’s confidential information shall not be deemed to include information that:

11.1.1 is or becomes publicly known other than through any act or omission of the receiving party;

11.1.2 was in the other party’s lawful possession before the disclosure;

11.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or

11.1.4 is independently developed by the other party, which independent development can be shown by written evidence.

11.2 Subject to clause 11.3, each party shall hold the other’s confidential information in confidence and 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 the Agreement.

11.3 A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.

11.5 The above provisions of this clause 11 shall survive termination of the Agreement, however arising.

12. DISCLAIMER OF WARRANTIES

12.1 The Programme is provided on an “as-is” basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the Programme or the information, content, materials, or products included.

13. DELEGATE CONDUCT

13.1 Delegates agree to use the Programme for lawful purposes and in a manner that does not infringe on the rights of others and will not:

13.1.1 Engage in any form of harassment or discrimination;

13.1.2 Share their login credentials with others; and

13.2.2 Attempt to gain unauthorised access to any part of the Programme.

14. FORCE MAJEURE

TGR shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of TGR or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

15. VARIATION

Subject to clause 4.3, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

16. WAIVER

No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. SEVERANCE

If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.

18. ENTIRE AGREEMENT

18.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

18.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

19. NO PARTNERSHIP OR AGENCY

Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

20. GOVERNING LAW

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of South Africa.