Terms and Conditions
LAST UPDATED: August 19, 2015
Table of Contents
- Relevant Legislation
- General Legislation
- Professional Legislation
- Learning and development events
- Cancellation Policy
- Transfer Policy
- In-house events
JvR Academy provides learning and development opportunities to individual clients as well as group clients within an organisation. The learning and development opportunities include international accreditation training for psychological assessment instruments, continuous professional development workshops and events, and skills development workshops and courses. In the event of any conflict between these terms and conditions (as displayed on the JvR Academy website) and those in our catalogue or elsewhere, these terms and conditions (as displayed on the JvR Academy website) shall prevail.
The JvR Africa Group strives to be ethically responsible and legally compliant in everything we do. Specific attention is also given to the following legislation:
- Basic Conditions of Employment Act 75 of 1997, as amended from time to time (http://www.labour.gov.za/DOL/legislation/acts/basic-conditions-of-employment)
- Labour Relations Act 66 of 1995, as amended from time to time: (http://www.labour.gov.za/DOL/)
- King Report IV as amended from time to time: (http://c.ymcdn.com/sites/www.iodsa.co.za/resource/resmgr/king_iv/King_IV_Report/IoDSA_King_IV_Report_-_WebVe.pdf)
- POPI Act (http://www.iact-africa.com/support-files/popiactdownloadnocharge.pdf)
- Health Professions Act 56 of 1974, as amended from time to time (http://www.hpcsa.co.za/)
- “Business day” means a day (not being a Saturday or Sunday) on which banks are open for general banking business in South Africa;
- “Client” means an individual who enquires about and registers for any event organised by JvR Academy, as well as any organisation contracting with JvR Academy for the provision of in-house learning and development events;
- “Event” means any learning and development opportunity scheduled by JvR Academy, including but not limited to assessment accreditation workshops, skills development workshops, courses, discussion sessions, and lectures;
- “Services” means the work to be undertaken by JvR Academy for the client as described in the Terms of Engagement/Service Level Agreement;
- Terms of Engagement/Service Level Agreement” means the statement provided to the client by JvR Academy, incorporating these JvR Academy Terms, which outlines the nature of the services, the deliverables to be provided, the fees payable and the time frame for completion of the services.
Learning and development events
- JvR Academy will, as far as is practically possible, seek to uphold the guidelines established by the HPCSA (nationally) and the British Psychological Association (BPS), the International Test Commission (ITC), the American Psychological Association (APA), and the Association of Test Publishers (ATP) on the ethical and appropriate training and use of psychological tests. In cases of conflict among these guidelines, the guidelines of the HPCSA will prevail nationally.
- The training on the application and use of psychological tests will be in compliance with current guidelines for the ethical use of tests and questionnaires and appropriate professional training and registration. These guidelines may change from time to time to reflect the most acceptable practices. JvR Academy reserves the right to refuse registration for training or access to the assessment if the client fails to comply with these guidelines.
- The attainment of continuing education units (CEUs) as a result of any training provided by JvR Academy does not licence any professional to practice outside his or her official scope of practice. CEUs are intended to broaden the knowledge of professionals but do not constitute professional training. Professionals should be registered with the HPCSA to perform any psychological act.
- Regardless of any training received from JvR Academy, clients from outside of South Africa cannot perform any psychological act in South Africa without being registered with the HPCSA. Clients are responsible to ensure that they adhere to the laws, rules and regulations of the countries in which they are/will be conducting business.
- Attendance of training does not permit the client to train other professionals, unless contracted with the client as part of the JvR Academy Train-the-Trainer programme.
- JvR Academy events are not only concerned with psychological tests and acts. Therefore, various requirement levels for event registration apply.
- JvR Academy publishes an annual events schedule which is available on JvR Academy’s website and blog. The details of the design and content of the events and the prices are correct at the time of publication, but they may be subject to change without notice.
- JvR Academy will try to ensure that any description of the design or content of events are as informative as possible, but it is the client’s responsibility to decide whether or not the event is suitable for his or her needs prior to registering for the event.
- Clients should register early as seats are limited. Confirmation as to whether the scheduled event will take place (as being dependent on the number of registrations) will be made one week prior to the event.
- Clients should take note of the start and end times of events and are expected to be present for the full duration of the event. Flight times should be scheduled accordingly and enough time should be allowed to travel to the airport. In instances where a client does not attend the event for its full duration due to unforeseen circumstances, JvR Academy may allow the client to complete the training at another time, provided that there is space available. Clients will only receive full accreditation, certification or registration once the full training has been successfully completed. A fee will be charged to cover administration and catering costs.
- On successful completion of the accreditation event and the compulsory examination (when required), a JvR Academy certificate will be issued entitling the client to purchase test material from JvR Psychometrics. The certificate will be issued only if full payment of the relevant event has been received and the online evaluation of the event has been completed.
- JvR Academy gives no guarantee that a delegate will, on the completion of a training event or the taking of an examination, obtain the relevant certificate, registration or accreditation. Successful completion of such training events requires delegates to demonstrate an understanding of underlying principles and competence in administration and interpretation/feedback of the instrument(s) concerned, prior to obtaining the relevant certificate, registration or accreditation.
- Should clients from time to time be requested to do an examination at home, they will carry full responsibility for sending the examination paper back to JvR Academy within a month of the event and in a secure and traceable manner. Clients need to follow up with JvR Academy to ensure that the examination paper has been received. Clients need to write their own exams.
- Registration fees must be paid for in full before the start of all events. Immediate payment by credit card or electronic transfer is advised. On receipt of the proof of payment the booking for the course will be confirmed in writing by JvR Academy. VAT in South Africa is chargeable on all fees regardless of the country of origin or of residence of the client. Where events are held in other countries, VAT will be charged as required by the country concerned.
- In the case of clients attending events but whose payment is outstanding or late, the maximum permissible interest will be levied. Payments received after the event will be regarded as late and will attract interest at the current prime overdraft rate of First National Bank, plus 2% per annum, compounded monthly in arrears.
- The cost of optional overnight accommodation or transport to the event venue is not included in the event fee and clients are expected to make their own accommodation and transport arrangements and payments
- Where a refund is due to a client and such is caused at the fault of the client, JvR Academy reserves the right to deduct any administrative bank or credit card charges from such refund. Where the refund is necessitated at the fault of JvR Academy, no such deductions shall be made.
- Cancellations must be submitted in writing to JvR Academy.
- Cancellations of ten (10) business days before the event will not attract a cancellation fee. Cancellations of between ten (10) to five (5) business days before the start of the event will attract a 25% cancellation fee. Cancellations received less than five (5) business days prior to the event will result in a 50% cancellation fee. Clients who do not cancel and do not attend the event will be held responsible for a 100% cancellation fee.
- Pre-event study material must be returned to JvR Academy at the time of cancellation. Postage or courier costs will be for the account of the delegate. The material sent back to JvR Academy should be sealed and unused. JvR Academy will repossess any materials that have not been paid for.
- In the event of unforeseen circumstances, JvR Academy reserves the right to cancel any event, change the event content, the speakers, the venue or the date. A full refund will be issued to clients in respect of cancellation by JvR Academy. JvR Academy will notify the clients as soon as reasonably possible, but no later than five (5) business days before the event if an event has to be cancelled. A full refund will be given upon return to JvR Academy of any pre-event materials already dispatched.
- Delegates are required to confirm that the event they have registered for will run before making travel arrangements as such costs will not be re-imbursed.
- For free events a no-show fee may be charged to cover the expenses related to event material and catering incurred by JvR Academy.
- JvR Academy reserves the right to cancel or reschedule event without penalty or liability to JvR Academy if there are insufficient bookings, or for reasons outside their control.
- All registered delegates who do not show up for a free event and who do not cancel their registration in line with our terms and conditions, will be billed a nominal fee to cover expenses incurred.
- A request to transfer registration for an event to another date may be deemed as a cancellation of the client’s attendance of the event and attract appropriate cancellation fees. No refund or credit will be given to clients who registered for an event and do not attend without giving prior written notice.
- Notice of postponement to a later date must be received in writing by JvR Academy at least five (5) business days before the start of the event.
- Only one postponement is allowed per client per event and the alternative date must be provided to JvR Academy within one (1) month of the transfer request, failing which the transfer request will no longer apply and the booking shall be deemed cancelled. In such event, the cancellation fees as set forth in Clause 3 shall apply and the fees, as set forth in Clause 3 shall be payable in full in replacement of the above transfer request.
- Substitutions can be accepted without charge, provided that the substitute fulfils the entrance requirements and has completed any pre-course work. Notice of this must be given in writing to JvR Academy at least one week before the start of the event.
- Events booked within package offerings cannot be substituted by alternative events that do not form part of the package. Refunds do not apply to package offerings.
Should it be required that on-line assessments and/or work be done before the event, this has to be done personally by the client attending the event. Instructions as to how this online assessment and/or work should be done will be sent to the client once registration has been confirmed. The client must complete the online assessments and/or work at least five (5) business days prior to the start of the event should they be required for certification or accreditation training. JvR Academy should be notified immediately if the client experiences any problems with accessing the pre-event work and/or assessments. Clients should notify JvR Academy once the online assessments have been completed.
- JvR Academy provides in-house training on request. JvR Academy will provide such in-house training services to the client subject to the JvR Academy terms and conditions, and only upon receipt of a signed written acceptance of the proposal from a client.
- The fees as set out in the proposal by JvR Academy are based on JvR Academy’s understanding of the client’s requirements. Additional charges will be due where:
- Any act or omission of the client caused time delays;
- Additional material or services are required by the client;
- Additional disbursements such as travel, travelling time, accommodation and subsistence had to be incurred.
- JvR Academy will forward to the client an invoice for the quoted fee once the client has confirmed acceptance of the proposal and the business terms and conditions. The invoice needs to be paid in full prior to the commencement of the event.
- The client is responsible for arranging a suitable training venue and all catering required. All costs related to venues and catering that were incurred are for the account of the client.
- The client must ensure the health and safety of JvR Academy’s employees or subcontractors whilst conducting business on the client’s premises.
- JvR Academy reserves the right to charge the client interest and cost of recovery on outstanding payments.
- JvR Academy reserves the right to charge for events cancelled or postponed by the client. Such charges will be in accordance with the policy for postponements and cancellations.
- The client agrees that he or she shall not copy or amend the training or test material or do or authorise any other act that may devalue or infringe the copyright or intellectual property of the material.
- JvR Academy shall be entitled, in its absolute discretion, to appoint subcontractors to provide all or part of the services.
JvR Academy’s liability arising under or as a result of the provision of the event, whether in contract, tort, breach of statutory duty or otherwise will not exceed the price paid by the participant (or his employer) for such event. Nothing in these terms and conditions will exclude or limit JvR Academy’s liability for death or personal injury, or for fraud on JvR Academy’s part, or for any liability that cannot be excluded by law. JvR Academy will not be liable for, but not limited to the following occurrences: indirect or consequential damage, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time.