TERMS OF USE

  1. PREAMBLE
    1. The Customer’s relationship with Next Up Online Proprietary Limited t/a Tabaldi Education (“TE“) is subject to the terms and conditions set out in this document.
    2. These terms and conditions, the Registration Form, and any other documents referred to in these terms and conditions constitute the entire Agreement between the Customer and TE. The Agreement shall remain in effect unless terminated in accordance with the terms of the Agreement
    3. These terms and conditions may be amended, updated, and/or modified in the sole discretion of TE, whether in whole or in part, at any time. The Customer will be notified of any such amendments, and the Customer’s continued engagement with TE and/or participation in the Programme(s) and/or Programme(s) Activities subsequent to such notification shall constitute the Customer’s acceptance of such amendments.
    4. If you are under the age of 18 (eighteen) years and/or are not the person responsible for the payment of the Fees, by acceptance of these Terms, you confirm that your parent or guardian and/or the person responsible for payment of the Fees (where applicable) has completed the Registration Form.
    5. The Agreement supersedes and replaces any and all previous communications between the Customer and TE, whether electronic, verbal and/or written.
    6. Certain clauses and provisions of these terms and conditions appear in bold type and the Customer’s attention is drawn specifically to these clauses and provisions. If anything contained in these clauses and provisions, and/or the Agreement in general, is unclear to the Customer, the Customer is invited to contact TE for an explanation.
    7. By entering into the Agreement, the Customer confirms that they have read, understood, and agree to these terms and conditions.
  2. INTERPRETATION
    1. In these terms and conditions, the following words and expressions bear the meanings assigned to them, and similar expressions bear corresponding meanings as follows:
      1. Agreement” means these terms and conditions, the completed registration form, and any other documents referred to in these terms and conditions;
      2. TE” means Next Up Online Proprietary Limited t/a Tabaldi Education, Registration Number: 2023/180536/07, a limited liability private company duly incorporated in accordance with the company laws of South Africa;
      3. CPA” means the Consumer Protection Act, No 68 of 2008 and any amendments thereto from time to time;
      4. Commencement Date” means the date that the Customer first logs on to TE’s online platform using the login name and password created for the Customer by TE;
      5. Customer” means the person undertaking the Programme(s) and Programme(s) Activities, and/or their parent/guardian, and/or Guarantor, where applicable as appears from the context in which “Customer” is used in the Agreement;
      6. Electronic Contact Details” means the electronic mail address nominated by the Customer on the Registration Form, the Customer’s mobile phone number, and any amendment thereto from time to time;
      7. Fees” means any and all costs associated with the Programme(s) and which may be amended in the sole discretion of TE from time to time;
      8. Guarantor” means the person responsible for the payment of the Fees as set out on the Registration Form, If that person is not the person undertaking the Programme(s) and Programme(s) Activities or their parent/guardian;
      9. Nominated Physical Address” means the physical address nominated by the Customer on the Registration Form, and any amendment thereto from time to time;
      10. Parties” means TE and the Customer, the parties to this Agreement, and “Party” refers to either one of them as appears from the context in which it is used;
      11. Personal Information” means “personal information” as defined in section 1 of the Protection of Personal Information Act, No 4 of 2013, and any amendments thereto from time to time, and means in particular:
        1. the Electronic Contact Details;
        2. the Nominated Physical Address; and
        3. the personal opinions, views and/or preferences of the Customer.
      12. Programme(s)” means the programme(s), course(s), module(s) and/or subject(s) offered by TE and identified by the Customer on the Registration Form;
      13. Programme(s) Activities” means any and all activities associated with the Programme(s), including but not limited to:
        1. the registration of the Customer with TE;
        2. the provision and delivery by TE to the Customer of all materials relevant and necessary to the Programme(s);
        3. the Customer’s access to TE’s products, including tuition support and classes, whether online or via distance learning methods, as the case may be; and
        4. completion and submission of assignments by the Customer; and
      14. Registration Form” means the online registration form which the Customer must complete during the checkout process on TE’s website when purchasing TE products.
    2. In the Agreement:
      1. clause headings and the heading of the Agreement are for convenience only and are not to be used in its interpretation; and
      2. an expression which indicates:
        1. a party to the Agreement includes a reference to that party’s successors-in-title and assigns allowed at law; and
        2. a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and last mentioned clauses.
    3. Any reference in the Agreement to:
      1. “business hours” shall be construed as being the hours between 08h30 and 17h00 on any business day. Any reference to time shall be based upon South African Standard Time;
      2. “days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday, or public holiday as gazetted by the government of the Republic of South Africa from time to time;
      3. “law/s” means all constitutions, statutes, regulations, by-laws, codes, ordinances, decrees, rules, judicial, arbitral, administrative, ministerial, departmental or regulatory judgements, orders, decisions, rulings, or awards, policies, guidelines, directives, compliance notices, agreements with, requirements of, or instructions by any governmental body, and the common law; and
      4. “person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality.
    4. The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be interpreted as limiting the meaning of the general wording preceding it.
    5. A reference to any Act of Parliament shall be construed as a reference to that Act of Parliament as at the Commencement Date and as amended or substituted from time to time.
    6. Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
    7. Except to the extent that any provision of the Agreement expressly provides otherwise, if the only day or the last day for the exercise of any right, performance of any obligation, or taking of any action in terms of any provision of the Agreement falls on a day which is not a business day, such shall be capable of being exercised, performed, or taken (as the case may be) on the immediately succeeding business day.
    8. The rule that the Agreement shall be interpreted against the party responsible for the drafting of the Agreement shall not apply.
    9. No provision of the Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person who is not a party to the Agreement.
    10. The use of any expression in the Agreement referring to a process available under South African law shall, if any of the parties is subject to the law of any other jurisdiction, be construed as including any equivalent proceedings under the law of such other jurisdiction.
    11. Any reference in the Agreement to “this Agreement” or any other agreement or document shall be interpreted as a reference to the Agreement or, as the case may be, such other agreement or document, as amended, varied, novated, or supplemented from time to time.
    12. In the Agreement the word “clause” or “clauses” refer to clauses of the Agreement.
  3. PROGRAMME(S) AND PROGRAMME(S) ACTIVITIES
    1. The Customer wishes to commence the Programme(s) on the Commencement Date and undertake the Programme(s) Activities with TE, for which the Customer shall pay the Fees to TE.
    2. In the event that the Customer already owes Fees to TE from a previous Programme, TE reserves the right to suspend the Customer’s login until such time as such overdue Fees are paid. Customers who owe TE payments from past Programmes are encouraged to contact the customer services team at TE immediately they complete their Registration Form.
    3. The Customer shall be granted access to the Programme(s), TE’s website, online classrooms and/or discussion forums for only that period of time specified in the description of the Programme(s) offered by TE and purchased by the Customer, which description(s) are incorporated herein in their entirety by this reference thereto. All Programmes are designed to be limited to a specific UNISA semester (undergrad) or academic year (CTA). The Programme will continue at least until the date of the UNISA exam for the relevant module/s. All Customers will be warned by electronic message and notified of the classroom closure date. TE is entitled but not obliged to grant an extension of this time period to the Customer on good cause shown, provided that any decision to grant or refuse an extension of time is within the sole discretion of TE and may be subject to payment of an administration fee.
    4. It is the responsibility of the Customer to ensure that the information recorded on the Registration Form is accurate and complete.
    5. TE gives no warranties and does not guarantee the performance and/or success of the Customer in undertaking the Programme(s) and the Programme(s) Activities.
    6. By entering into the Agreement, the Customer warrants that all information and documentation provided to TE by the Customer is accurate and complete.
  4. USE OF TE’S WEBSITE AND ONLINE CLASSROOMS
    1. No part of TE’s course content (including but not limited to any online notes and handouts) may be reproduced, distributed, copied, modified, adapted and/or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior express written consent of TE, unless otherwise indicated.
    2. Unless otherwise indicated, all materials including but not limited to images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear on TE’s website and/or the online classroom are the property of TE and may not be reproduced, distributed, copied, modified, adapted and/or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior express written consent of TE.
    3. Commercial use and distribution of the course content, the TE name and logo, and/or any other material referred to in clause 4.2 above is not permitted without the prior express written consent of TE.
    4. TE makes use of discussion forums to communicate with and disseminate useful, interesting and necessary information and content to its Customers. The Customer is encouraged to participate in and make use of such discussion forums, subject to these terms and conditions.
    5. Should the Customer upload or in any other manner distribute any information, files, data, code, or any other material on TE’s website, online classrooms and/or discussion forums, the Customer automatically and immediately grants, or warrants and confirms that the owner of such rights expressly grants to, TE a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and/or distribute such information, files, data, code or any other material, and/or incorporate such materials into any form, medium, or technology now known or later developed.
    6. The Customer is prohibited from using TE’s website, online classrooms and/or discussion forums to:
      1. obtain or distribute copyrighted material or material protected by any other intellectual property rights without the prior express written consent of the owner/holder of the intellectual property rights in such material;
      2. distribute material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
      3. publish material which is unlawful, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, defamatory, contains hate speech and/or in the sole discretion of TE is objectionable in any other manner;
      4. distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation of any goods or services;
      5. approach, encourage, or in any other manner solicit other TE Customers or users to purchase or acquire any goods or services; and/or
      6. distribute bulk e-mail, whether solicited or unsolicited.
    7. Should TE determine, in its sole discretion, that the Customer has breached all or part of clause 4.6 above, TE is with immediate effect entitled to:
      1. remove such material from TE’s website, online classrooms and/or discussion forums;
      2. terminate this Agreement;
      3. terminate the Customer’s access to TE’s website, online classrooms and/or discussion forums; and/or
      4. retain all Fees paid to TE by the Customer as at the date of termination.
    8. The Customer is prohibited from using any robot, spider, or other automatic device or manual process to monitor or copy TE’s website, online classrooms and/or discussion forums or the content contained therein.
    9. The Customer may not interfere with or jeopardise the functionality or the operation of any part of TE’s website or online classrooms, or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of TE’s website or online classrooms.
    10. The Customer is prohibited from using TE’s website or online classrooms for “spoofing”, “hacking”, “flaming”, “cracking” or “spamming”, and from intercepting any information transmitted to or from TE and/or TE’s website or online classroom.
    11. Any reference made by TE to any specific website, commercial product, service or process (or provider/author of such website, product, process or service) by trade name, trademark, hyperlink or otherwise, does not constitute or imply any endorsement, warranty, representation, recommendation, or favouring on the part of TE. Accordingly any use by the Customer of such website, commercial product, service or process is at the Customer’s risk and TE shall not be liable for any adverse consequences, loss, harm, and/or damage, including special or general damages, any consequential loss, or other claims arising from the Customer’s use of such website, commercial product, service or process.
    12. To the extent that any content on TE’s website, online classrooms and/or discussion forums is provided by third parties and users, any opinions, advice, statements, services, office or other information expressed or made available by such third party, including information providers, users or others are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of TE.
    13. TE’s website, online classrooms and/or discussion forums may contain hyperlinks to services and resources offered by independent third parties. TE does not control the availability and content of such third party websites, services and/or resources, and accordingly TE, its shareholders, directors, employees, agents, and/or third party service providers shall not be liable for any adverse consequences, loss, harm, and/or damage suffered by the Customer, including special or general damages, any consequential loss, or other claims arising out of or in connection with such third party websites, services and resources.
    14. The content of TE’s website, online classrooms and/or discussion forums may be amended, updated, and/or modified in the sole discretion of TE, whether in whole or in part, at any time.
  5. FEES
    1. The Fees are due, owing and payable upfront and in full. The Customer shall not be permitted to commence the Programme(s) and/or Programme(s) Activities until (a) if the full payment option was chosen, when full payment has been received and verified by TE or (b) if the instalment payment option was chosen, when the first instalment payment has been received in full and verified by TE.
    2. If the Customer chooses the instalment option to pay the Fees, for the avoidance of doubt, this does not constitute a subscription service. As will be displayed on the Registration Form, TE will apply an administration fee of 10% in addition to the published Fees for the Programme if the instalment option is chosen. The full Fees are payable by the Customer to TE, instalments falling due on the dates stipulated in the Registration Form. In the event of late payment, TE may suspend the Customer’s login until payments are resumed. In the event of any payment being overdue by 30 days, the login for the Programme will be terminated, and TE will retain all Fees paid to TE by the Customer at the date of termination. Customers who fall behind with payment of Fees are encouraged to contact TE customer services department immediately.
    3. The Customer acknowledges and agrees that a period of 48 (fourty-eight) hours may elapse between verification of receipt of the Fees by TE and activation of the Customer login information necessary and required in order to access TE’s website and online classrooms to commence the Programme(s).
    4. Notwithstanding anything contained in the Agreement and for the avoidance of all doubt, the Customer is not entitled to withhold, delay, abate and/or set-off payment of the Fees due to TE for any reason whatsoever. Full payment of the Fees will be payable to TE irrespective of the extent to which the Customer makes use of the Programme.
    5. The Customer shall remain liable for the payment of any Fees due, owing and payable to TE notwithstanding the termination or suspension of the Agreement. In addition, the Customer shall be liable for any and all costs incurred by TE in recovering any outstanding amounts due, owing and payable by the Customer, which costs include, but are not limited to, collection commission and the costs of legal professionals on the attorney-and-client scale.
    6. A certificate of indebtedness signed by a manager or director of TE, whose appointment or authority need not be proved, certifying the outstanding amount due, owing and payable by the Customer, the due date of such payment, and any interest levied on such outstanding amounts, shall constitute prima facie proof of the contents of such certificate.
  6. BURSARIES, DISCOUNTS AND SPECIAL OFFERS
    1. TE may, in its sole discretion, confer a bursary on the Customer and/or levy a discount on the Fees.
    2. A bursary and/or discount referred to in clause 6.1 above may be withdrawn or reversed in the sole discretion of TE at any time, and/or in the following circumstances:
      1. any Fees due, owing and payable by the Customer to TE are not paid on or before the due date; and/or
      2. the Agreement is cancelled in accordance with clause 9.
    3. Bursaries and/or discounts are restricted to the Customer to whom they were granted, are non-transferable, and may be applied only in respect of the Programme(s) for which they were granted.
    4. Bursaries and/or discounts are not applicable if the Customer is permitted to extend the Programme(s) in terms of clause 3.2.
    5. From time to time, TE may publish special offers and promotions, which will be offered with specific terms and conditions to be published on TE website at the relevant time and which will be deemed part of this Agreement. Customers with arrears of Fees overdue and payable to TE will not be eligible to participate in any special offers and promotions.
  7. DIRECT MARKETING
    1. In terms of section 16 of the CPA, the Customer has the right to rescind this Agreement without reason or penalty by written notice to TE within 5 (five) business days of the later of the conclusion of this Agreement or receipt by the Customer of the Programme(s), if this Agreement was concluded as a result of direct marketing.
    2. The Customer confirms that this Agreement was not concluded as a result of direct marketing and acknowledges and agrees that TE enters into the Agreement on this basis.
  8. ELECTRONIC COMMUNICATION
    1. By entering into the Agreement, the Customer understands and agrees that TE shall communicate with the Customer via electronic communication, including electronic mail (e-mail) and text messaging, and any agreements, notices, disclosures, and other communications sent via electronic communication by TE to the Customer satisfy any legal requirements, including but not limited to the requirement that such communication should be “in writing”.
    2. The Customer confirms that the Electronic Contact Details are correct and undertakes to notify TE immediately should there be any amendment to the Electronic Contact Details. TE shall not be liable for any adverse consequences, loss, harm and/or damage suffered by the Customer due to the Customer’s failure to ensure that the Electronic Contact Details are accurate and complete at all times.
  9. CANCELLATIONS AND REFUNDS
    1. In the event of cancellation or discontinuation of the Programme(s) by TE, the Customer shall not be entitled to a refund in respect of that portion of the Programme(s) consumed by the Customer as at the date of cancellation or discontinuation of the Programme(s).
    2. In the event of the Customer cancelling their participation in the Programme, the Customer shall not be entitled to a refund in respect of that portion of the Programme(s) consumed by the Customer as at the date of their cancellation or last participation in the Programme(s).
    3. The Customer shall not be entitled to a refund in respect of any Fees paid by the Customer to TE if the Customer has commenced the Programme(s) by logging in or otherwise accessing the Programme(s).
    4. Any bursaries and/or discounts granted to the Customer by TE in terms of clause 6 shall not be included in any amount refunded to the Customer as a result of cancellation and/or termination of this Agreement.
    5. The Customer shall not be entitled to a refund of the Fees, in whole or in part, should the Customer fail to complete the Programme(s) Activities within the time provided by the Programme(s) for any reason, or should the Customer fail to attain the results required in order to complete the Programme(s).
  10. PERSONAL INFORMATION
    1. In order to provide and deliver the Programme(s) and Programme(s) Activities to the Customer effectively, TE may collect, process and retain the Personal Information.
    2. The Personal Information shall not be disclosed to third parties without the Customer’s prior written consent, other than as provided for in the Agreement and this clause 10, where TE is required to disclose the Personal Information by operation of law, and/or as provided for in terms of the Protection of Personal Information Act, No 4 of 2003 (as amended).
    3. By entering into the Agreement, the Customer consents to the following:
      1. TE shall collect, process and retain the Personal Information, and/or share the Personal Information with its third party service providers, for the purpose of providing and delivering the Programme(s) and Programme(s) Activities to the Customer;
      2. TE may share the Customer’s name, the name of the Programme(s) and Programme(s) Activities, and the Electronic Contact Details with prospective employers who contact TE in respect of the Customer;
      3. TE shall communicate with the Customer via electronic communication as provided for in clause 8. Communications from TE may include but are not limited to academic and financial information and marketing material; and
      4. TE may retain the Personal Information indefinitely and use it for historical, statistical, research and/or development purposes.
    4. The disclosure of the Personal Information by the Customer to TE is voluntary, and the Customer is entitled to withdraw the consent provided in terms of clause 10.3 at any time. In the event that the Customer elects not to disclose the Personal Information to TE and/or withdraws the consent provided in terms of clause 10.3, the Customer acknowledges and agrees that such refusal and/or withdrawal of consent may significantly hinder the ability of TE to provide and effectively deliver the Programme(s) and Programme(s) Activities, and accordingly the Customer indemnifies TE against any adverse consequences, loss, harm and/or damage the Customer may suffer as a result.
    5. It is the Customer’s responsibility to ensure that the Personal Information is correct, accurate and up to date at all times and TE shall not be liable for any adverse consequences, loss, harm and/or damage the Customer may suffer due to the Customer’s failure to fulfil this responsibility. The Customer is entitled to review the Personal Information retained by TE.
    6. TE shall take all steps necessary and required by law to ensure that the Personal Information is secure and used for the purposes described in clause 10.3 only.
    7. By entering into the Agreement, the Customer undertakes to keep secure and confidential, and shall not divulge to any other person, the Customer’s username(s) and/or password(s) utilised to access TE’s online materials and products. If the Customer’s username(s) and/or password(s) are misplaced or stolen, or the Customer has any reason to believe that the Customer’s username(s) and/or password(s) are not secure and confidential, the Customer shall advise TE in writing immediately upon the Customer becoming aware that the Customer’s username(s) and/or password(s) are misplaced, stolen, and/or may no longer be secure and confidential, failing which the Customer indemnifies TE against any adverse consequences, harm, loss and/or damage which the Customer may suffer as a result.
  11. LIMITATION OF LIABILITY
    1. TE, its shareholders, directors, employees, agents, and/or third party service providers shall not be deemed to be in breach of the Agreement and/or liable to the Customer (as the case may be) for any adverse consequences, loss, harm, and/or damage, including special or general damages, any consequential loss, or other claims arising out of or in connection with the Agreement, whether caused by breach of the Agreement and/or due to the fault of TE, its shareholders, directors, employees and/or third party service providers in general, and in particular:
      1. by reason of any delay in the performance of, or failure to perform, TE’s obligations in terms of the Agreement, if the delay or failure to perform is due to any cause beyond the reasonable control of TE;
      2. due to the fault of the Customer, including the Customer’s failure to provide and keep up to date any information and/or documents supplied by the Customer to TE in connection with the provision and delivery of the Programme(s) and Programme(s) Activities and the execution of the Agreement;
      3. due to the Customer’s failure to perform their obligations under or in terms of the Agreement; and/or
      4. due to any inaccuracy, error, and/or delay in:
        1. data, information, and/or other electronic communication; and
        2. the transmission of any data, information and/or other electronic communication.
    2. Although TE employs extensive measures to ensure and protect the integrity of TE’s website, online classrooms and/or discussion forums, TE does not warrant that the information, data, code and/or files available on TE’s website, online classrooms and/or discussion forums are free of viruses, destructive materials and/or any other information, data, code and/or files which are able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, and/or hardware or software, and accordingly the Customer agrees that TE, its shareholders, directors, employees, agents, and/or third party service providers shall not be liable for any adverse consequences, loss, harm, and/or damage, including special or general damages, any consequential loss, or other claims arising out of or in connection with such information, data, code and/or files.
  12. BREACH
    1. Save as where otherwise provided in this Agreement, should a Party commit a material breach of this Agreement and fail to remedy the breach within 10 (ten) Business Days after receipt from the other Party of written notice calling upon it to do so, then the Party aggrieved by that breach will be entitled, in addition to and without prejudice to any right it may have as a result of the breach, to:
      1. claim immediate, specific performance of any of the defaulting Party’s obligations under this Agreement, whether or not such obligation is then due; or
      2. cancel this Agreement and recover such damages as it may have sustained.
    2. The Parties’ remedies set out in terms of this clause 12 will not be exhaustive and will be in addition and without prejudice to any other remedies they may have in law, whether for damages or otherwise.
    3. This clause 12 shall remain in effect even if the Agreement terminates or is cancelled.
  13. NOTICES AND DOMICILIA
    1. TE and the Customer select as their respective domicilia citandi et executandi the following postal address, and for the purposes of giving or sending any notice provided for or required in terms of the Agreement, the said physical addresses as well as the following email addresses:
      Party Postal Address Email
      TE

      Postnet Suite 350
      Private Bag X3008
      Hoedspruit
      Limpopo
      1380
      South Africa

       

      info@tabaldi.org
      Marked for the attention of:
      Francois Steyn
      Party Physical Address Email
      Customer Nominated Physical Address Electronic Contact Details
      Marked for the attention of:
      The Customer

      Provided that either party may change its domicilium or its address for the purposes of notices to any other physical address, and/or email address by written notice to the other party to that effect. Such change of address will be effective 5 (five) days after receipt of the notice of the change.

    2. All notices to be given in terms of the Agreement will be given in writing and will:
      1. be delivered by hand or sent by email;
      2. if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and
      3. if sent by email during business hours, be presumed to have been received on the date of successful transmission of the email. Any email sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day.
    3. Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause 13.
  14. GENERAL PROVISIONS
    1. These terms and conditions, the Registration Form, and any other documents referred to in the aforementioned documents constitute the entire Agreement between the Customer and TE, and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
    2. No extension of time or indulgence granted by either Party to the other shall be deemed in any way to affect, prejudice or vary from the rights of such Party in any respect of or under the Agreement, nor shall it in any way be regarded as a waiver of any rights hereunder, or a novation of the Agreement.
    3. All provisions and the various clauses of the Agreement are severable from each other. Any provision or clause of the Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, unlawfulness, or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as if it were not incorporated in the Agreement, and the remaining provisions and clauses of the Agreement shall remain of full force and effect. TE and the Customer declare that it is their intention that the Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution.
    4. The cancellation or termination of the Agreement shall not affect those provisions of the Agreement which expressly provide that they will operate after any such cancellation or termination, or which of necessity must continue to have effect after such cancellation or termination, notwithstanding that the clauses themselves do not expressly provide for this.
    5. The Agreement will be governed by and construed under the laws of the Republic of South Africa. TE and the Customer consent and submit to the non-exclusive jurisdiction of the Limpopo Division of the High Court of South Africa, Polokwane in any dispute arising from or in connection with the Agreement.
    6. Neither the Agreement nor any part, rights and/or obligations thereof may be ceded, delegated or assigned by any Party without the prior express written consent of the other Party.
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