There are rules associated with just about everything, our programme is not an exception. Please find the rules that apply in the section below so you know what you are signing up for.


We want to make sure that you are safe and your experience is enriching and enjoyable for you and your fellow programme participants. 

TSIBA Elevate TERMS AND CONDITIONS

Terms & Conditions

Please review our terms and conditions regularly as they are subject to change.

[Last revised: 28 February 2024]


This document sets out the terms and conditions (the “Terms”) upon which TSIBA Ignition Academy Pty Ltd (TSIBA)  agrees to accept you (“the Participant”) as an attendee of the TSIBA Elevate programme. By registering for the programme through payment, you have automatically agreed to the Terms which are incorporated by reference into your application form and available below, you acknowledge that you have read and fully understood, and have had the opportunity of obtaining legal advice and accepted all of the terms therein and any other policies referred to on our website.


  1. DEFINITIONS

    1. In these Terms, the following defined terms have the following meanings:

    2. “TSIBA” means TSIBA Ignition Academy  (Pty) Ltd (registration no. 2018/451453/07 a private company incorporated in South Africa with registered address at 51 Old Mill Road, Ndabeni, Cape Town

    3. “Participant” means the person or juristic entity entering into an agreement with TSIBA  and/or attending the TSIBA Elevate programme who is bound by these Terms;

    4. “Parties” means the parties to these Terms and Conditions and “Party” means any one of them as the context may indicate;

    5. “programme” means any one of the training sessions (during the programme) that TSIBA operates which can either be virtual or in-person.

    6. “TSIBA Elevate programme/s” refers to our in-person programmes that are located in Cape Town, South Africa.

    7. “Tuition Fee” means the fees to attend a TSIBA Elevate programme. 

    8. “Instalment 1” means a minimum of 30% (thirty percent) of the amount specified in the quotation, payable by the Participant to attend the programme/s, 

    9. “Instalment 3” means the final payment of the remaining 20% (fifty percent) of the amount specified in the quotation, payable by the Participant to attend the programme/s, if applicable

    10. “Tuition Fee Full Payment” means 100% (one hundred percent) of the Tuition Fee specified in the quotation, payable by the Participant to TSIBA Elevate to attend the programme/s.

    11. “programme Invitation” means the official programme invitation letter sent to all successful applications submitted by potential Participants of the TSIBA Elevate programme.

    12. “TSIBA Elevate Representative” means an employee of TSIBA Elevate, using a “@tsiba.academy” email address.

    13. “Services” means any service that TSIBA Elevate agrees to provide as part of the TSIBA Elevate programme.

    14. “Starting Date/s” mean/s the commencement of one of our TSIBA Elevate programmesSummer 2024 is July 8th 2024, 

    15. “Supervisor” means any programme trainer, facilitator, consultant for the programme or employee or associate of TSIBA;

    16. “Service Provider” means any third party that TSIBA contracts to offer services to TSIBA Elevate and/or the Participants of any programme; and,

    17. “Third Party” means any external third parties that are not a Participant or associated or affiliated with TSIBA Elevate or a Third-Party Service Provider.

    18. “Harassment” means behaviour that is unwelcome, intimidating, offensive or hostile based on an individual’s protected status such as but not limited to age, sex, race, gender identity, sexual orientation, and disability. Conduct characteristic of harassment includes but is not limited to: innuendos or veiled threats,  bullying, threats, displaying offensive pictures or objects, offensive jokes, and name-calling.

    19. Sexual Harassment means unwelcome behavior of a sexual nature such as the following: unwanted sexual advances, unwanted pressure for sexual favors, sexual comments, unwanted text messages, letters or emails of a sexual nature, facial expression, winking, and spreading sexual rumors about a person.

    20. “Discrimination” means prejudicial behaviour based on an individual’s protected status such as but not limited to age, sex, race, gender identity, sexual orientation, and disability. Conduct characteristic of discrimination includes but is not limited to: exclusion or isolation of a peer and favouritism.


  1. PARTICIPATION

    1. The Participant may apply to attend the TSIBA Elevate programme in 2024. All details of our programmes can be found on the TSIBA Elevate website, www.elevate.tsiba.academy.

    2. TSIBA  reserves the right to refuse the Participant’s application for any reason in its sole discretion.

    3. TSIBA reserves the right to amend any programme content / schedule or price in its sole discretion. Such amendments shall be communicated  in writing.


  1. PAYMENTS

    1. In order to secure their place on the programme, the Participant must comply with the relevant payment plan as outlined below:

    2. Participants’ place in the Programme is secured once the payment of Instalment 1 is received; and

    3. The Tuition Fee Full Payment is due within four weeks (28 calendar days) of receiving the programme Invitation as to not forfeit a secure placement on the TSIBA 

    4. A Participant may pay the Tuition Fee in full up front or in a maximum of three payment tranches as detailed below:

    5. Instalment 1: 30% of Full Tuition Fee

    6. Instalment 2: 50% of Full Tuition Fee

    7. Instalment 3: remaining 20% of Full Tuition Fee. 

    8. An application fee of $100 is non-refundable, with the exception of cancellations made by TSIBA  (refer to 5.2.1).

    9. If it is not possible for the Participant to ensure 3.6. occurs, they must contact a TSIBA Elevate Representative at least six weeks (42 days) before the Starting Date of the programme, who may be able to assist on a case by case basis.

    10. In the event of payments not being made strictly in accordance with the foregoing, TSIBA shall be entitled to remove the Participant from the list of participants attending the programme and to replace the Participant with another Participant. In this instance, the Participant forfeits an application processing fee of $100, and, depending on when the Participant fails to make the payment which is due, the remaining terms in the Terms shall be applicable.

    11. When payment of any amount due to TSIBA is made, the Participant shall ensure that proof of payment is provided to TSIBA for the purposes of confirming the Participant’s reservation:

    12. All payments shall be made into the TSIBA Ignition Academy’s bank account via the provided eCommerce channel unless specified otherwise; and

    13. All payments shall be free of any bank fees or deductions.


  1. REFUNDS

    1.  Refunds of the TSIBA Elevate Virtual programme or any TSIBA Elevate programme will only be available on a very limited basis at the discretion of the Company in circumstances of a personal medical emergency, serious illness of the participant or death to the Student or of a close family member. Refunds shall not be available for issues of lack of internet connectivity. 

    2. No refund of the programme will be available after the first week of the programme is completed.

    3. Refunds for the TSIBA Elevate programme will not be available for VISA complications. However, participants will be offered an ability to defer if this is the case.


  1. CANCELLATION

    1. In the event of a programme being cancelled for any reason, TSIBA shall, where possible, offer the Participant an alternative programme option.

    2. Where such alternative programmes are not available or suited to the Participant, TSIBA shall refund the Participant any money that has been paid for that programme and the Participant agrees that they shall have no further claim against TSIBA Elevate for any loss or damage incurred irrespective of the cause of the loss or damage as a result of this cancellation.

    3. In the event that TSIBA Elevate cancels a programme for any reason, the Participant will receive a full refund, except for the $100 application processing fee.

    4. In the event of the Participant cancelling his/her attendance in the programme: 60 (sixty) days or more prior to the Starting Date of the programme/s, the Participant shall be entitled to a refund of 70% (seventy percent) of the Tuition Fee paid; more than 30 (thirty) days, but less than 60 (sixty) days prior to the commencement of the programme, the Participant shall be entitled to a refund of 50% (fifty percent) of the Tuition Fee paid; less than 30 (thirty) days prior to the commencement thereof, the Participant shall be liable to TSIBA for the full Tuition Fee.

    5. Notwithstanding the cancellation provisions, TSIBA shall not impose any cancellation fee or claim any damages in respect of attending a programme if the Participant is unable to attend the programme due to the death or hospitalisation of the Participant.


  1. ACCOMMODATION, INTERNSHIP, AND ACTIVITIES

    1. TSIBA shall arrange accommodation for all TSIBA Elevators while staying in Cape Town.

    2. The accommodation for TSIBA Elevate shall be of a reasonable standard at the discretion of TSIBA and the terms of such accommodation shall be regulated by way of separate agreement to be entered into between the Participant and that Third-Party Service Provider.

    3. TSIBA shall not be responsible for sourcing accommodation in the event that the Participant wishes to find their own private accommodation in Cape Town and TSIBA shall not be liable in any way for the Participant’s private accommodation.

    4. The Participant undertakes to behave in a professional manner and in line with TSIBA Elevate Code of Conduct at all times during the TSIBA Elevate programme.

    5. TSIBA may from time to time arrange excursions for the Participant such as tourist visits, recreational activities, community projects, and cultural activities. The terms on which such excursions will be arranged will be regulated by way of separate agreement to be entered into between TSIBA and the Participant.

  1. INDEMNITY

    1. It is the responsibility of the Participant to determine the nature of any insurance, repatriation costs, travel documentation and visas required and to ensure that all their travel documentation, including but not limited to passports, any necessary visas and/or medical certificates, have been obtained and are in order as TSIBA takes no responsibility in this regard.

    2. The Participants are solely responsible for their baggage and personal effects whilst travelling to the programme, occupying the accommodation provided and attending the programme, and TSIBA recommends that Participants purchase travel cancellation insurance and ensure that such insurance covers the cost of air tickets and other non-refundable travel payments as well as international medical, baggage loss and delay insurance.

    3. The Participant acknowledges that they realise the potential hazards that may arise in respect of his/her participation in the programme, including injury, disease, loss or damage of property, inconvenience or discomfort and indemnifies TSIBA and its directors, employees, agents, consultants and associates against any loss, injury, death or damages suffered as a result of the Participant attending the programme, travelling to and from the programme and whilst occupying the accommodation provided or while the Participant remains in the Republic of South Africa. The Participant indemnifies and holds harmless TSIBA Elevate and its directors, employees, agents, consultants and associates in respect of all and any loss, injury, illness, death, damages suffered by them whilst travelling to or attending the programme, from whatsoever cause arising.

    4. TSIBA provides the Participants with the programmes either itself or acting on behalf of principals engaged in or associated with the travel and/or accommodation industries, such as hotels and/or other Third-Party Service Providers or suppliers (collectively referred to as ‘the Principal’). TSIBA represents the Principal as agents only and accordingly accepts no liability for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or willful misconduct of TSIBA or any of its directors, employees, agents, consultants or associates), which any Participant may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Participant and any right of recourse the Participant may have, will be solely against the Principal. TSIBA shall, as soon as possible after the confirmation of the Participant’s booking, provide to the Participant the identity of the Principal and to the extent possible, a copy of the terms and conditions applicable to the Participants booking with the relevant Principal(s). It is the Participant’s responsibility to familiarise themselves with such terms and conditions.

    5. INTELLECTUAL PROPERTY

    6. “TSIBA Elevate” and the relating trademarks and goodwill are the intellectual property of TSIBA and the Participant does not have any right to use this trademark unless TSIBA specifically consents thereto in writing:

    7. The intellectual property (which includes all right in copyright) in all materials provided by TSIBA to the Participant in respect of the programme, including manuals, articles, books, magazines, graphics, software and the like is owned by TSIBA and may not be reproduced, displayed, or used by the Participant without TSIBA’s prior written consent. Any such use is strictly prohibited and will constitute an offence and an infringement of TSIBA’s intellectual property rights as the owner of such material; and

    8. TSIBA reserves the right to take photographic or film records of any programme, which recording may include the Participant’s voice and/or likeness or other intellectual property rights. The Participant grants TSIBA the rights to use such records for promotional and/or commercial purposes without limitation and without liability.

    9. In the event that a client of the TSIBA Elevate programme enters into a confidential relationship with respect to the disclosing of certain confidential information with TSIBA, participants will be obligated to comply with those same confidentiality agreements.


  1. HEALTH AND SAFETY GUIDELINES

    1. It is entirely the Participant’s responsibility to ensure that they are free from any condition which would affect their capability to undertake the programme and to apply themself to it.

    2. Should any condition manifest itself which precludes the Participant from attending the programme or participating fully in it, they shall have no claim against TSIBA either for a refund of the Tuition Fee or in any other respect whatsoever subject to clause 4.

    3. The Participant shall not make any travel plans during the dates of the programme unless otherwise approved by TSIBA. Any travel requests shall be submitted via email to a member of the TSIBA Elevate staff. If a Participant’s trip is approved, the Participant is obligated to make the TSIBA Elevate staff aware of any relevant travel arrangements. Furthermore, the Participant fully assumes all of the risk associated with regional travel and releases TSIBA from any and all liabilities to the maximum extent permitted by law.

    4. The Participant acknowledges that they have been made aware of the fact that certain townships and low-income areas of Cape Town are potentially dangerous to visit independently and without TSIBA supervision. The Participant shall ensure that any independent visits to such areas shall only be made after notifying a member of the TSIBA staff of their intention. TSIBA holds no liability towards the Participant for these independent visits.


  1. RULES AND REGULATIONS

    1. TSIBA  reserves the right to create and apply a code of conduct (including due performance requirements) in respect of the programme, and the Participant hereby agrees to be bound by the rules set out in such code.

    2. TSIBA reserves the right to exclude the Participant from any programme for failing to pay any fees or failing to comply with any rules or the terms of these Terms (without in any way detracting from the right of TSIBA to recover fees payable).

    3. REMOVAL FROM programme

    4. The Participant agrees that TSIBA shall be entitled to remove them from any programme without prior notice and with immediate effect in any of the following circumstances:

    5. The Participant has made a material misrepresentation in their application;

    6. It comes to the attention of TSIBA that the Participant has contravened any law of the Republic of South Africa;

    7. The South African Police Services have arrested the Participant or the Participant has been charged in connection with a crime or been detained for questioning in connection with a crime;

    8. TSIBA, acting reasonably, resolves that the Participant has exhibited unacceptable, reckless or inappropriate behaviour towards any third party, including, but not limited to, other Participants in the programme or a staff member, and/or where complaints have been laid against the Participant by any such third party;

    9. The Participant has failed to maintain a strictly professional relationship with any of their Supervisors;

    10. The Participant has engaged in any behaviour or activity that may bring TSIBA, its programme, or its Third-Party Service Providers into disrepute, or may be detrimental to the programme;

    11. The Participant has made an independent visit to a township or low-income area in contravention of the above rules; 

    12. The Participant has harassed and or discriminated against another participant, staff member, or third party; 

    13. The Participant has  failed to comply with the terms outlined in TSIBA Elevate’s Code of Conduct; and

    14. 11.2. The Participant is deemed by a TSIBA Elevate staff member to no longer be in a healthy state (physically or mentally) to remain in the programme. TSIBA will consult with medical professionals to assist in such a decision, but retain the right to make the final call on removing a Participant from the programme.

    15. In the event of the Participant’s removal from the programme in terms of the above, the Participant hereby agrees that TSIBA shall not be liable for any damages or costs suffered by the Participant as a result thereof and that the Participant shall not be entitled to a payment or a refund of any amounts incurred by them, including, but not limited to, programme Tuition Fees, travel costs, accommodation costs and legal costs.

    16. Removal from the programme will be done in a written email.

    17. If a participant is removed from the programme, they will also be removed from the TSIBA Elevate Housing within 24 hours of removal (written in an email), and will be required to secure and pay for their own housing in Cape Town. 


  1. DISPUTE RESOLUTION

    1. Should any dispute, disagreement or claim arise between the parties, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

    2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.

    3. The parties both agree that in no circumstance will either party publicise the dispute on any social media or other platforms. The parties understand that publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.

  2. FORCE MAJEURE

    1. It is agreed that neither party shall be liable for delay or failure to perform any obligations contained herein if such delay is due to acts of God, fire, earthquake, labour dispute, war, martial law, government order, riot, revolution, outbreak of epidemic diseases, black out, water or electricity shortage, or any other cause beyond the reasonable control of the parties.


  1. NOTICES

    1. All notices given by the Participant to TSIBA must be sent to the following address: 51 Old Mill Road, Ndabeni, Cape Town, 7405. TSIBA may give the Participant notice at either the email or the postal address that the Participant provided when booking a programme which shall serve as the Participant’s domicilia citandi et executandi.

    2. Notice will be deemed received and properly served immediately when sent by email or three days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove that an email was sent to a specified email address of the Participant.

  2. GENERAL TERMS AND CONDITIONS

    1. Survival of Rights, Duties, and Obligations: Termination of these Terms for any reason whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.

    2. Entire terms and conditions. This document together with the application form and the TSIBA Elevate invoice / itinerary constitutes the sole record of the Terms. No party shall be bound by any representation, warranty, and promise of the like not recorded herein. The Participant acknowledges that they have not relied on any matter or thing stated on behalf of TSIBA or otherwise that is not included therein. No addition to these standard Terms shall be of any force or effect unless in writing and signed by or on behalf of the parties.

    3. Amendment of these terms. TSIBA Elevate may amend the Terms from time to time. The Participant should visit the TSIBA Elevate website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. TSIBA will do our best to notify the Participant of any amendments to the Terms that it considers likely to materially affect the Participant’s rights and obligations. Any such notice will be posted on the TSIBA Elevate website, or sent by email to the address associated with the Participant’s TSIBA Elevate account. The continued participation in the TSIBA Elevate programme and use of the TSIBA Elevate website, after any amendment to these Terms, constitutes the Participant’s acceptance of the Terms, as modified by such amendment. If the Participant does not accept the Terms, or any amendment to them, the Participant must immediately notify TSIBA.

    4. Governing law: These Terms shall be governed by and interpreted in accordance with the law of the Republic of South Africa.  All disputes, actions and other matters in connection with these Terms shall be determined in accordance with such law.

    5. Cumulative Rights and Remedies: The rights and remedies of the parties under these Terms are cumulative and in addition to any rights and remedies provided by law.

TSIBA Elevate CODE OF CONDUCT

Code of Conduct 

TSIBA Elevate Programme 2024

Last reviewed 28 February 2024


  1. INTRODUCTION AND PURPOSE

  2. The purpose of this code of conduct is to guarantee the well-being of the TSIBA Elevate Community and to advance TSIBA's mission of nurturing future global leaders.

  3. Students agreed to follow the code of conduct by accepting TSIBA's terms and conditions, available on the TSIBA Elevate website, when they accept their placement with TSIBA Elevate and when they sign the TSIBA Elevate waiver.

  4. The code of conduct is in place to ensure that the programme is able to create a safe environment that facilitates cross-cultural learning where our TSIBAlings can grow together, personally and professionally.


  1. COMMUNITY STANDARDS


  1. General Conduct Policy – Community standards of mutual respect, trust, and professionalism are expected of all participants as outlined below:


  1. ATTENDANCE


  1. Admission into the programme entails attendance in all mandatory meetings.

  2. The Participant can only miss three (3) mandatory meetings/lectures/sessions throughout the entire TSIBA Elevate programme and this absence must be communicated to the TSIBA Elevate Team ahead of time.

  3. The Participant must provide a doctor’s note to excuse their absence if unwell, either physically or mentally after two (2) days of being ill.

  4. If a TSIBA Elevate participant misses more than three (3) sessions without communicating and obtaining permission from the TSIBA Elevate Team in advance, Participant is subject to removal without a refund.


LATENESS POLICY


  1. All TSIBA Elevate participants are expected to arrive onsite or log-in to online meetings promptly.

  2. Failure to arrive within the first fifteen minutes of a meeting/lecture/immersion’s scheduled time will result in a tardy strike.

  3. Three (3) tardy strikes will count as a minor violation, as referenced in 13.1-13.6 below.


  1. RESPECT

 

  1. Participants are expected to engage with other participants, the TSIBA Elevate Team, clients, and other third parties with respect, integrity and professionalism.


  1. TSIBA REPRESENTATION ONLINE 

    1. All engagements with the TSIBA Elevate brand online should reflect the TSIBA Elevate mission and values. This pertains to TSIBA Elevate Instagram takeovers, blog posts, TikTok posts, and other TSIBA-related online content.

    2. This is also applicable to participants’ personal engagement with the TSIBA Elevate brand on online platforms. Misrepresentation of the TSIBA Elevate mission and values online is considered a violation of the code of conduct.


  1. RESTRICTIONS ON THE USE OF TSIBA ELEVATE MATERIALS


  1. You may not, without our prior written permission:

  2. re-publish, post or otherwise transmit material from the TSIBA Elevate programme (including re publication on another website);

  3. sell, rent or sub-license material from the TSIBA Elevate programme;

  4. show any material from the TSIBA Elevate programme in public;

  5. edit or otherwise modify any material provided on the TSIBA Elevate programme, other than editing your own submissions to the TSIBA Elevate programme; or

  6. reproduce, duplicate, copy or otherwise exploit material from the TSIBA Elevate programme for a commercial purpose.


ANTI-HARASSMENT / ANTI-DISCRIMINATION POLICY


  1. TSIBA Elevate is committed to developing and fostering a diverse and inclusive community free of discrimination, harassment, and retaliation. TSIBA Elevate does not tolerate discrimination on the basis of race, ethnicity, colour, religion, sex, sexual orientation, gender expression or identity, or disabilities.

  2. Any form of verbal, emotional, physical, or sexual harassment or discrimination is considered a serious violation of the code of conduct and may result in removal from the programme.


  1. POLICY ON ACCOMMODATIONS


  1. TSIBA Elevate shall arrange accommodation for all TSIBAlings while staying in Cape Town.

  2. The accommodation for TSIBA ElevateCape Town shall be of a reasonable standard at the discretion of TSIBA Elevate and the terms of such accommodation shall be regulated by way of separate agreement to be entered into between the Participant and that Third-Party Service Provider.

  3. TSIBA Elevate shall not be responsible for sourcing accommodation in the event that the Participant wishes to find their own private accommodation in Cape Town and TSIBA Elevate shall not be liable in any way for the Participant’s private accommodation.

  4. The Participant undertakes to behave in a professional manner and in line with TSIBA's Code of Conduct at all times during the TSIBA Elevate programme.


  1. POLICY ON SUBSTANCES


  1. The legal drinking age in South Africa is 18 years old. Cape Town programme participants who are of legal drinking age are expected to consume alcohol responsibly in a way that does not deter their ability to participate in the programme.

  2. This includes turning up drunk to the office, being late or absent to work due to a hangover, or being too unwell at the office to work due to being hungover.

  1. The consumption or distribution of any illegal drugs is not permitted at any point during the programme. The possession of such substances is a serious violation of the code of conduct and will result in removal from the programme.


  1. POLICY ON DATA AND INFORMATION


  1. All data collected from the internship programme must be used respectfully and should only be used as necessary for the internship programme. The improper use and distribution of data collected from the internship is a violation of the code of conduct.


  1. DISCIPLINARY PROCESS


  1. Violations of the code of conduct are categorised into minor violations and major violations. Based on the seriousness of the offence, disciplinary action can range from verbal or written reprimand to dismissal from the programme.


  1. MINOR VIOLATIONS


  1. Minor violations are defined as violations of the general conduct policy and the policy on data and information.

  2. These violations will be dealt with on a strike-basis. Each strike incurred will warrant a warning from a TSIBA Elevate mentor or team member. Each accumulation of a strike will result in an escalation of the warnings. A participant has a maximum of four (4) strikes before TSIBA Elevate has the right to dismiss the participant from the programme.

  3. Strike 1 – The Participant will receive a verbal warning from their mentor or a member of the TSIBA Elevate team.

  4. Strike 2 – The Participant will receive a written warning from their mentor or a member of the TSIBA Elevate Team.

  5. Strike 3 – The Participant will receive a warning from Thabang or Devon

  6. Strike 4 – The Participant will be dismissed from the programme.

  1. MAJOR VIOLATIONS

 

  1. Major violations are defined as violations of the policy on substances and the anti-harassment and discrimination policy

  2. Major violations will incur a meeting between the participant and two members of the TSIBA Elevate Team where TSIBA Elevate will review the evidence and hear from the participant to decide the necessary disciplinary action needed to address the offence.

  3. Based on the outcome of this meeting, TSIBA Elevate reserves the right to dismiss the participant from the programme, as agreed in the terms and conditions. Removal from the programme will be done in a written email.

  4. If a student is removed from the programme, they will also be removed from the TSIBA Elevate housing within 24 hours of removal (written in an email), and will be required to secure and pay for their own housing in Cape Town. 


TSIBA Elevate WAIVER


RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

 

The present document acts as a release of liability and outlines the conditions upon which ________________________ (hereafter “the Participant”) may take part in the programmes offered by TSIBA Ignition Academy Registration No. 2018/451453/07 (hereafter “the Company”) as part of the TSIBA Elevate Programme (hereafter the “Programme)”. The Participant’s signature of this document indicates his/her/their acknowledgement, acceptance and enforceability of the terms of this agreement. 


  1. The TSIBA Elevate Programme 


  1. The TSIBA Elevate Programme offers participants an opportunity to gain a broad layer of the competencies foundational to success in a dynamic business landscape. TSIBA Elevate curates a diverse group of students from a range of academic disciplines who, together with the academics, entrepreneurs and innovators in our community, create an extraordinary learning hub.

  2. The TSIBA Elevate Programme will take place from July 8, 2024 to Aug 23, 2024 notwithstanding the signature date of this agreement. 


  1. General obligations 


  1. The Participant undertakes to: 

  2. adhere to all Company policies, terms and conditions, procedures, rules, Code of Conduct, and regulations which are available on the Company’s website; 

  3. adhere to all the laws of South Africa and/or the laws of the jurisdiction in which the Participant is located while participating on the TSIBA Programme, whichever is applicable; 

  4. observe a professional behaviour, and to avoid and refrain from any conduct which might be prejudicial to any individual, business or organization that he/she/they will engage with during his/her/their participation in TSIBA Elevate, or which might damage the business, professional or personal reputation of the Company or its representatives; 

  5. respect and care for any property entrusted to him/her/them, as well as his/her/their own property; 

  6. communicate effectively with representatives of the Company regarding any health or wellbeing issues; and, 

  7. observe the health, safety and emergency procedures communicated to Him/her/them throughout the TSIBA Elevate Programme. 


  1. Absences 

    1. The Participant understands that they are:

      1. not miss any days of the Programme or be absent except in circumstances of severe illness, mental health issue, or death of a family member, not accumulate of more than three (3) absences (i.e. missing three (3) mandatory sessions, as stated defined in Orientation Pack) over the duration of the Programme, 

      2. to provide a doctor’s note to excuse their absence if the Participant is unwell either physically or mentally after two days (2) of being ill, and

      3. to be in classes/sessions  in person every weekday of the Programme. 

      4. If the Participant’s illness or mental health affects their ability to participate in the Programme, they are subject to removal without refund. Removal from the Programme will be done through a written email. 


  1. Lateness Policy 


  1. The Participant understands that:

    1. They will receive a warning for the first two times that they are late, and for the third occurrence that will count as an absence. The third absence means that the Participant will be removed from the Programme without refund of their Tuition Fee.

    2. If a Participant is removed from the Programme, they will also be removed from the TSIBA Housing within 24 hours of removal (written in an email), and will be required to secure and pay for their own housing in Cape Town. 


  1. Cancelation


  1. In the event of a Programme being canceled for any reason, TSIBA shall, where possible, offer the Participant an alternative Programme option.

  2. Where such alternative Programmes are not available or suited to the Participant, TSIBA shall refund the Participant any money that has been paid for that Programme and the Participant agrees that he/she/they shall have no further claim against TSIBA for any loss or damage incurred irrespective of the cause of the loss or damage as a result of this cancellation.

  3. In the event that TSIBA cancels a Programme for any reason, the Participant will receive a full refund, except for a $100 application processing fee.

  4. In the event of the Participant canceling his/her/their attendance in the Programme: 60 (sixty) days or more prior to the Starting Date of the Programme/s, the Participant shall be entitled to a refund of 70% (seventy percent) of the Tuition Fee; more than 30 (thirty) days, but less than 60 (sixty) days prior to the commencement of the Programme, the Participant shall be entitled to a refund of 50% (fifty percent) of the Tuition Fee; less than 30 (thirty) days prior to the commencement thereof, the Participant shall be liable to TSIBA for the full Tuition Fee.

  5. Notwithstanding the cancellation provisions, TSIBA shall not impose any cancellation fee or claim any damages in respect of attending a Programme if the Participant is unable to attend the Programme due to the death or hospitalization of the Participant.

  6. Notwithstanding the cancellation provisions, TSIBA has a separate policy regarding cancellation due to Covid 19.


  1. Accommodation, Internship, and Activities 


  1. TSIBA shall arrange accommodation for all TSIB Elevate participants while staying in Cape Town.

  2. The accommodation for TSIBA Cape Town shall be of a reasonable standard at the discretion of TSIBA and the terms of such accommodation shall be regulated by way of separate agreement to be entered into between the Participant and that Third-Party Service Provider.

  3. TSIBA shall not be responsible for sourcing accommodation in the event that the Participant wishes to find his/her/their own private accommodation in Cape Town and TSIBA shall not be liable in any way for the Participant’s private accommodation.

  4. The Participant undertakes to behave in a professional manner and adhere to TSIBA Code of Conduct at all times during the TSIBA Elevate Programme.

  5. TSIBA may from time to time arrange excursions for the Participant such as tourist visits, recreational activities, community projects, and cultural activities. The terms on which such excursions will be arranged will be regulated by way of separate agreement to be entered into between TSIBA and the Participant.

  6. Photography and videography content release 

  7. The Participant agrees to be photographed and recorded in audio-visual content during the TSIBA Programme that may be used for the Company’s marketing and promotional material. 


  1. Restrictions on use of TSIBA Elevate Programme 


  1. You may not, without our prior written permission: 

  2. re-publish, post or otherwise transmit material from the TSIBA Elevate Programme (including re publication on another website); 

  3. sell, rent or sub-license material from the TSIBA Elevate Programme; 

  4. show any material from the TSIBA Programme in public; 

  5. edit or otherwise modify any material provided on the TSIBA Elevate Programme, other than editing your own submissions to the TSIBA Programme; or 

  6. reproduce, duplicate, copy or otherwise exploit material from the TSIBA Elevate Programme for a commercial purpose. 


  1. Use of Personal Information 

    1. The Participant hereby understands, agrees and accepts that, in order to carry out and manage its business and comply with its legal obligations, the Company may be required to collect, use and process personally identifiable information about the Participant (including special personal information and credit information). 

    2. The Participant hereby accepts, understands and agrees that: 

      1. the Participant’s personal information may, from time to time, be shared with vendors who process data on behalf of the Company; and 

      2. the personal information of the Participants participating in the Programme may in appropriate circumstances be stored outside of South Africa, and the Participant hereby agrees that Company shall be entitled to transfer the Participant’s personal information to such locations outside of South Africa and use your personal information in such locations. 


  1. Refunds [Or Payment Policy] 


  1. No refund of the TSIBA Elevate Programme will be available after the first week of the Programme is    completed. 

  2. Refunds of  any TSIBA Elevate Programme will only be available on a very limited basis at the discretion of the Company in circumstances of a personal medical emergency, serious illness of the Participant, or death to the Participant or of a close family member. 

  3. Refunds for Cape Town Programme will not be available for visa complications. However, Participants will be offered the ability to defer if this is the case.

  4. No refund of the Programme will be available if the Participant’s participation in TSIBA Elevate Programme is terminated by the Company due to the Participant’s failure to perform or participate in the Programme, breach of these terms and conditions or any other form of misconduct as determined by the Company. 


  1. Liability and Indemnification 


  1. The Participant understands that the Company does not assume any responsibility for or obligation to provide financial, medical, legal assistance or any other assistance. 

  2. The Participant certifies that he/she/they has informed the Company’s team of any pre-existing medical condition and releases the Company from any claim whatsoever that arises from any complication of any pre-existing medical condition that could impact their participation or a potential withdrawal from the Programme. 

  3. The Participant understands and acknowledges that apart from instances of fraud or gross negligence, this Waiver and Release of Liability indemnifies and holds harmless the Company from any and all liability or claim that the Participant may have against the Company and its respective shareholders, directors, officers, employees, agents, third party service providers, affiliates, successors and assigns with respect to bodily injury, personal injury, illness, death, or property damage suffered or caused that may result from activities and time spent as part of the TSIBA Elevate Programme. 

  4. The Participant indemnifies the Company and its respective shareholders, directors, officers, employees, agents, third party service providers, affiliates, successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from his/her/their participation in the TSIBA Elevate Programme other than instances of fraud or gross negligence on behalf of the Company or any person acting for or controlled by the Company. 

  5. The Participant agrees that notwithstanding anything to the contrary, the Company and its respective shareholders, directors, officers, employees, agents, third party service providers, affiliates, successors and assigns shall not be liable for any indirect or consequential damages. 

  6. The Participant agrees that he/she/they shall not hold the Company liable for any acts or omissions of third party service providers including, inter alia, facilitators and guest speakers. 

  7. The Participant agrees that the Company shall not be liable for delay or failure to perform any obligations if such delay is due to acts of God, fire, earthquake, labour dispute, war, martial law, government order, riot, revolution, outbreak of epidemic or pandemic diseases, black out, water or electricity shortage, or any other cause beyond the reasonable control of the Company. 

  8. The Participant agrees that the Company shall not be liable for any risks related to the Participant’s own internet access, software or hardware issues, or electricity issues that would interfere with the ability of the Participant to complete the TSIBA Elevate Programme. 

  9. The Participant agrees that the Company is not liable for any internet security risks such as viruses, hacks and data breaches when he/she/they is completing the Programme throughout the duration of the Programme. 

  10. The Company shall not be liable to the Participant in respect of any loss or corruption of any data, database or software, nor for the deletion, corruption or failure to store any messages or other content maintained on or transmitted by way of the TSIBA Elevate Programme. 

  11. TSIBA Elevate Programme includes or may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. The Company has no control over the contents of third-party websites, and it accepts no responsibility for them or for any loss or damage that may arise from the Participant’s use of them. 


  1. General provisions

 

  1. The Participant acknowledges that this agreement is binding and enforceable on him/her/them and his/her/their legal guardian(s), if applicable. 

  2. The Participant expressly agrees that this agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. 

  3. The Participant agrees that if a clause or provision of this agreement is held to be invalid by any court of competent jurisdiction, the remaining provisions will continue to be enforceable. 


  4. I acknowledge that I have read and understood this agreement and all of the Company policies, terms and conditions, procedures, rules and regulations, that I have executed this agreement voluntarily, and that this agreement is to be binding upon my heirs, executors, administrators, representatives and myself.




Signed at (place)


Date


Full printed names


Signature