TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the use of the Kalipa Trading CC website and the provision of services by Kalipa Trading CC (“Kalipa Trading”, “we”, “us” or “our”). By accessing our website, submitting an enquiry, registering for a programme, participating in training, purchasing a service, or otherwise engaging with Kalipa Trading, you acknowledge that you have read, understood and agree to these Terms.
These Terms are effective from 1 January 2023 and remain in effect until amended, replaced or withdrawn by Kalipa Trading CC.
1. Our Services
Kalipa Trading CC provides business development and skills development services, which may include accredited and non-accredited training, business incubation, mentorship, financial management and bookkeeping support, investment-readiness services, funding application support, enterprise and supplier development, business planning and related consulting services.
The exact scope, duration, deliverables, fees and requirements of a particular service will be communicated through the applicable quotation, proposal, programme information, registration documentation or written agreement.
Where a separate written agreement exists between Kalipa Trading and a client, the terms of that agreement will apply to the relevant engagement.
2. Programme Registration and Eligibility
Applicants and clients must provide complete, accurate and truthful information when applying for or participating in any Kalipa Trading programme or service.
Kalipa Trading reserves the right to verify information and documentation supplied by an applicant and may reject or terminate an application where information is fraudulent, materially inaccurate, incomplete or misleading.
Acceptance into a programme is not guaranteed merely because an application has been submitted. Certain programmes may have specific eligibility, age, qualification, employment, business, geographic, funding or other requirements.
Where a programme is funded or sponsored by a third party, additional eligibility requirements may apply.
The exact scope, duration, deliverables, fees and requirements of a particular service will be communicated through the applicable quotation, proposal, programme information, registration documentation or written agreement.
Where a separate written agreement exists between Kalipa Trading and a client, the terms of that agreement will apply to the relevant engagement.
3. Training, Accreditation and Certification
Where a programme is described as accredited, SETA-aligned or QCTO-aligned, the applicable accreditation, curriculum, assessment, moderation and certification requirements will apply.
Participation in training does not automatically guarantee the award of a qualification, certificate, statement of results or other formal recognition.
Learners may be required to satisfy attendance, assessment, practical, portfolio, documentation and other requirements before certification or completion can occur.
Where certification, assessment or verification depends upon a SETA, QCTO, assessment body, funder or other third party, Kalipa Trading cannot guarantee the processing time or final decision of that third party.
Kalipa Trading reserves the right to withhold or correct programme records or certificates where a learner has not met the applicable requirements or where fraud, misrepresentation or administrative error is identified.
Kalipa Trading reserves the right to verify information and documentation supplied by an applicant and may reject or terminate an application where information is fraudulent, materially inaccurate, incomplete or misleading.
Acceptance into a programme is not guaranteed merely because an application has been submitted. Certain programmes may have specific eligibility, age, qualification, employment, business, geographic, funding or other requirements.
Where a programme is funded or sponsored by a third party, additional eligibility requirements may apply.
The exact scope, duration, deliverables, fees and requirements of a particular service will be communicated through the applicable quotation, proposal, programme information, registration documentation or written agreement.
Where a separate written agreement exists between Kalipa Trading and a client, the terms of that agreement will apply to the relevant engagement.
4. Learner and Client Responsibilities
Learners and clients are expected to:
- Provide accurate information and documentation;
- Attend scheduled sessions where attendance is required;
- Participate appropriately in training and programme activities;
- Complete required assignments, assessments and other activities;
- Follow reasonable instructions issued by facilitators and programme administrators;
- Treat employees, facilitators, partners and other participants respectfully;
- Protect equipment, documents and other property supplied to them; and
- Comply with applicable programme rules and requirements.
Kalipa Trading may suspend or remove a participant for serious misconduct, fraud, harassment, threats, violence, deliberate disruption, damage to property or material non-compliance with programme requirements.
Participation in training does not automatically guarantee the award of a qualification, certificate, statement of results or other formal recognition.
Learners may be required to satisfy attendance, assessment, practical, portfolio, documentation and other requirements before certification or completion can occur.
Where certification, assessment or verification depends upon a SETA, QCTO, assessment body, funder or other third party, Kalipa Trading cannot guarantee the processing time or final decision of that third party.
Kalipa Trading reserves the right to withhold or correct programme records or certificates where a learner has not met the applicable requirements or where fraud, misrepresentation or administrative error is identified.
Kalipa Trading reserves the right to verify information and documentation supplied by an applicant and may reject or terminate an application where information is fraudulent, materially inaccurate, incomplete or misleading.
Acceptance into a programme is not guaranteed merely because an application has been submitted. Certain programmes may have specific eligibility, age, qualification, employment, business, geographic, funding or other requirements.
Where a programme is funded or sponsored by a third party, additional eligibility requirements may apply.
The exact scope, duration, deliverables, fees and requirements of a particular service will be communicated through the applicable quotation, proposal, programme information, registration documentation or written agreement.
Where a separate written agreement exists between Kalipa Trading and a client, the terms of that agreement will apply to the relevant engagement.
5. Business Development, Mentorship and Incubation
Business development, incubation, mentorship and consulting services are intended to provide guidance, support, education and development assistance.
Kalipa Trading does not guarantee that participation in any programme will result in business success, employment, investment, funding, procurement opportunities, contracts, increased revenue, profitability or any other specific commercial outcome.
Clients remain responsible for decisions made regarding their businesses and should obtain independent professional advice where appropriate.
6. Funding and Investment Readiness
Kalipa Trading may assist clients with funding applications, business plans, financial information, investor presentations, investment readiness and related activities.
Such assistance does not constitute a guarantee that a client will receive funding, investment, grants, loans or any other financial support.
Funding and investment decisions remain entirely with the relevant funder, investor, financial institution, government institution or other third party.
Kalipa Trading is not responsible for a third party’s decision to approve, reject, delay, reduce or withdraw funding or investment.
Clients remain responsible for ensuring that all information submitted in an application is complete, accurate and truthful.
7. Fees, Quotations and Payments
Fees for services will be communicated through a quotation, proposal, invoice, registration process or written agreement.
Unless otherwise agreed:
- Quotations may be subject to an expiry date;
- Payment must be made by the stated due date;
- Kalipa Trading may suspend services where an account is materially overdue;
- Services may not commence until required deposits or payments have been received;
- Payments are regarded as received only once funds have cleared; and
- Any applicable third-party costs will be communicated to the client where reasonably possible.
Where VAT or any other statutory charge is applicable, it will be dealt with in accordance with applicable law and the relevant quotation or invoice.
8. Cancellation, Refunds and Programme Changes
Cancellation and refund rights will depend on the nature of the service, the applicable agreement and South African law.
Where a client cancels a service, the client may be responsible for reasonable costs already incurred by Kalipa Trading in preparing for or delivering the service, subject to any applicable statutory rights.
Services that have already been substantially performed, customised specifically for a client or otherwise commenced may not be refundable except where required by law or agreed in writing.
Kalipa Trading may reasonably change training dates, venues, facilitators, delivery methods or programme schedules where circumstances require such changes.
Where a programme is funded or sponsored by a third party, continuation may also depend on funding, procurement, participant numbers, approvals or other external circumstances.
Nothing in these Terms is intended to limit any consumer right that cannot legally be excluded.
9. Intellectual Property
Unless otherwise agreed in writing, all intellectual property belonging to Kalipa Trading, including training materials, presentations, manuals, templates, methodologies, assessments, videos, graphics, website content, branding and proprietary business-development materials, remains the property of Kalipa Trading or its licensors.
Materials provided to clients or learners may only be used for the purpose for which they were supplied.
Without written permission, users may not reproduce, sell, distribute, publish, commercially exploit, modify or represent Kalipa Trading’s proprietary materials as their own.
Clients retain ownership of their own pre-existing business information and intellectual property supplied to Kalipa Trading.
10. Confidentiality
Kalipa Trading will take reasonable measures to protect confidential business and personal information supplied to it.
Clients and participants must likewise respect confidential information belonging to Kalipa Trading, other businesses, programme participants, funders and partners.
Confidentiality obligations do not apply where information is already publicly available, was lawfully obtained from another source, is required to be disclosed by law or a lawful authority, or is required for legitimate programme administration, reporting, auditing, accreditation or compliance purposes.
11. Personal Information and POPIA
Kalipa Trading may collect and process personal information for legitimate purposes including programme registration, administration, communication, training, assessment, certification, reporting, monitoring, quality assurance, funding requirements and legal compliance.
Kalipa Trading will process personal information in accordance with applicable South African data-protection legislation, including the Protection of Personal Information Act 4 of 2013 (POPIA).
Personal information may, where legally permitted and reasonably necessary, be shared with authorised programme partners, SETAs, QCTO, government institutions, municipalities, funders, auditors, service providers or other authorised third parties.
Kalipa Trading will take reasonable steps to safeguard personal information against unauthorised access, loss, misuse or disclosure.
Additional information regarding personal information is contained in Kalipa Trading’s Privacy Policy.
12. Website Use
The website may only be used for lawful purposes.
Users may not:
- Attempt to gain unauthorised access to the website or related systems;
- Introduce malicious software or harmful code;
- Interfere with website functionality;
- Submit fraudulent or misleading information;
- Scrape, copy or reproduce website content for unauthorised commercial purposes;
- Impersonate another person or organisation; or
- Use the website for unlawful activities.
Kalipa Trading may restrict or terminate access where misuse, abuse or unlawful activity is suspected.
13. Third-Party Services and Links
Kalipa Trading may work with SETAs, government institutions, municipalities, corporates, funders, financial institutions, technology providers and other third parties.
Third-party services, decisions, websites and systems are outside Kalipa Trading’s direct control.
Kalipa Trading is therefore not responsible for the availability, accuracy, security, content, decisions or performance of third-party services, except to the extent required by applicable law.
14. Disclaimer and Limitation of Liability
Kalipa Trading will take reasonable care in providing its services and maintaining the website.
However, to the maximum extent permitted by applicable law, Kalipa Trading will not be responsible for indirect or consequential losses arising from a client’s use of information, training, mentorship or business-development services, including loss of anticipated profit, business opportunity or funding opportunity.
Kalipa Trading does not guarantee uninterrupted website availability or that all website information will always be completely current or free from errors.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by South African law, including liability that cannot lawfully be excluded under applicable consumer-protection legislation.
15. Complaints and Dispute Resolution
Any complaint concerning Kalipa Trading’s services should first be submitted to Kalipa Trading in writing, providing sufficient details of the matter and the desired resolution.
Kalipa Trading will make reasonable efforts to investigate and resolve legitimate complaints.
Where a dispute cannot be resolved internally, either party may pursue any remedies available under South African law, including approaching an appropriate regulatory, dispute-resolution or judicial forum where applicable.
16. Force Majeure
Kalipa Trading will not be responsible for delays or failure to perform services caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, civil unrest, strikes, government action, power failures, telecommunications failures, internet outages, venue closures, pandemics or other events of a similar nature.
Where reasonably possible, Kalipa Trading will seek to reschedule or provide an alternative arrangement.
17. Suspension and Termination
Kalipa Trading may suspend or terminate services where a client or participant materially breaches these Terms, fails to make required payments, provides fraudulent information, engages in unlawful conduct or materially disrupts service delivery.
Termination will not automatically cancel payment obligations that arose before termination.
Where a separate agreement provides different termination procedures, that agreement will apply.
18. Changes to These Terms
Kalipa Trading may amend these Terms from time to time to reflect changes in its services, business practices or applicable legislation.
The updated Terms will be published on the website and will indicate the applicable effective date.
Where a specific existing contract contains its own terms, amendments to these website Terms will not automatically override that contract.
19. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms or the services provided by Kalipa Trading will be dealt with in accordance with applicable South African law and the appropriate jurisdiction.
20. Contact Details
Kalipa Trading CC
Pietermaritzburg, KwaZulu-Natal, South Africa
Email: info@kalipatrading.co.za
Telephone: +27 79 393 0480
By using the Kalipa Trading website or engaging with its services, you acknowledge that you have had an opportunity to read these Terms and agree to comply with the provisions applicable to your use of the website or services.