In these Conditions, the following definitions apply:
a) Conditions: means the terms and conditions as set out in this document ”General Terms and Conditions KYOCERA ACADEMY”
b) KYOCERA and KYOCERA ACADEMY: both mean KYOCERA DOCUMENT SOLUTIONS SOUTH AFRICA PTY LTD, registered at Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Gauteng, South Africa.
c) Material: means all documents, technical materials, training kits, handout or training literature provided by the KYOCERA ACADEMY.
d) Student: means the person using an Educational Product.
e) Educational Products: means all classroom, virtual, online and customised trainings, as well as material offered by the KYOCERA ACADEMY.
f) Classroom Training: means a face-to-face training, workshop, seminar or hands-on session.
g) Online Training: means all eLearnings and videos.
h) Virtual Classroom Training: means all trainings taking place online in a virtual classroom.
i) Customised Training means any organised and/ or conceptualised training offered by the KYOCERA ACADEMY for a special request.
j) ACADEMY website: means the website https://academy.kyoceradocumentsolutuons.co.za hosted by the KYOCERA ACADEMY for offering Educational Products.
k) Order: means the booking/purchase of an Educational Product, made by or for a Student
l) ACADEMY Account: means the Student’s access to the password protected area of the ACADEMY website.
m) Contractual Partner: means the company with which KYOCERA has a contractual relationship.
n) KYOCERA CORPORATION GROUP: means all legal entities belonging to KYOCERA Corporation Inc., registered at 6 Takeda Tobadono-cho Fushimi-ku Kyoto Japan.
These Conditions apply to, and are incorporated into, all Educational Products provided by KYOCERA ACADEMY. No variation to these terms and conditions may be agreed other than in writing and signed by authorised representatives of the parties.
3. Creating an ACADEMY Account
a) Before the Student can enroll for an Educational Product, the Student has to register with the KYOCERA ACADEMY to create an ACADEMY Account.
b) The Student is obliged to provide accurate information with their registration and to inform KYOCERA ACADEMY promptly of any subsequent changes.
c) KYOCERA ACADEMY is entitled to deactivate the ACADEMY Account. For instance, access to the ACADEMY Account can be deactivated if the Student:
I. has entered incorrect information with his/her registration;
II. has breached the Terms & Conditions
III. has not used his/her ACADEMY Account for a period of at least 1 year.
d) With completion of the registration the Student will receive a user name and password for the ACADEMY Account. With the first access, the Student must change the received password.
4. Using the ACADEMY Account
a) The Student must ensure that his/her ACADEMY Account will not be transferred to a third party. The Student is responsible for any Order placed with his/her ACADEMY Account and every use of the ACADEMY Account. The Student must log out from his/ her ACADEMY Account after each session. If the Student is aware that his/her ACADEMY Account is used by an unauthorised third party, the Student must promptly inform KYOCERA ACADEMY by email (email@example.com). KYOCERA ACADEMY will block the access to the ACADEMY Account.
b) When using the ACADEMY Account, the Student is prohibited from:
I Unauthorised use of any intellectual property rights;
II. Transmit contents with viruses, so-called Trojans, or other forms of programming which could damage the software;
III. Enter, store or transmit hyperlinks or contents of the Educational Products
IV. Disseminate advertisements or unrequested emails (so-called spam) or issue incorrect warnings of viruses, defects or similar, or propose participation in lotteries, snowball systems, chain letters, pyramids and comparable actions.
The ACADEMY website and the provided Educational Products may contain hyperlinks to webpages of third parties. KYOCERA ACADEMY accepts no responsibility or liability whatsoever arising out of or in connection with the hyperlink. The content of linked pages is the exclusive responsibility of its operator.
6. Registration for Educational Products
a) Orders for Educational Products can take place in writing, electronically or by telephone. Orders made by email, telephone, fax or mail are processed on receipt. Orders made with your KYOCERA Account are made in real time.
b) In the event that the Order has to be approved by the employer of the Student, the Order remains provisional until the Order has been approved.
c) In the event of an Order for a Classroom Training, Virtual Classroom Training or Customised Training, KYOCERA ACADEMY will send a confirmation of the receipt of the Order.
d) The Order for a Classroom Training, Virtual Classroom Training or Customised Training will only be binding in the event that KYOCERA ACADEMY sends an invitation to participate in the Classroom Training, Virtual Classroom Training or Customised Training.
e) An Order invitation will be sent out latest 14 days before the start of the Classroom Training or Customised Training. For a Virtual Classroom Training, the Order invitation will be sent 7 days before the start. Only Students holding an Order invitation are entitled to attend the Classroom Training, Virtual Classroom Training or Customised Training.
f) Online Trainings and Materials can be accessed and/ or downloaded from the ACADEMY Account after the Order process has been finalised.
g) Online Trainings and Materials are for personal use only and are not transferable, unless KYOCERA ACADEMY has given its prior written approval for the transfer.
h) In case the handling of parts under voltage is part of the Classroom Training or Customised training, the attendance is limited to Students who have undergone qualified training in the according field of electrical engineering. If the teacher does not observe appropriate safety caution of a Student, the teacher is entitled to suspend the Student from respective exercises.
7. Order changes and cancellations by the Student
a) The Student has the right to cancel the ordered Educational Product. Cancellation must take place in writing or electronically, whereby the cancellation date is the date on which KYOCERA ACADEMY receives the cancellation. In this context, the postponement of a Training is regarded as a cancellation followed by a new booking, whereby this clause applies in full.
b) Transfer of a Virtual Classroom Training, Classroom Training or Customised Training to another student on the reserved date is free of charge if the new participant meets all training requirements for attendance. The Student must ask KYOCERA ACADEMY in writing or electronically for an approval latest 7 days before the start of the actual training.
c) A cancellation is only valid after KYOCERA ACADEMY’s (electronically) written confirmation.
d) Classroom Trainings can be cancelled free of charge up to 14 days before the start of the training; alternatively, the Student may apply for a postponement. Cancellation requests reaching KYOCERA after such date but up to one week before the start of the training will be billed a cancellation fee of 50% of the agreed training fee. Later cancellation request can no longer be taken into consideration. Even in the event of complete or partial non-attendance, the training fee is due in full.
e) Online Training and the ordered Material can be cancelled free of charge up to 14 days after placing the Order, provided that the Online Training has not been started and the Material has not been downloaded.
f) The cancellation terms and fees for Customised Trainings with training location other than HERTORD OFFICE PARK, 90 BEKKER ROAD, VORNA VALLEY MIDRAND will be agreed separately.
8. Change or cancellation by KYOCERA ACADEMY
a) KYOCERA ACADEMY reserves the right to make changes to the Classroom Training, Virtual Classroom Training or Customised Training schedules and/or training times without stating reasons. KYOCERA ACADEMY will make every reasonable effort to provide the Classroom Training, Virtual Classroom Training or Customised Training in accordance with the published schedule or agreements made but accepts no liability if a training must be rescheduled, cannot go ahead or must be interrupted, because of circumstances.
b) In such a case, KYOCERA ACADEMY will make every reasonable effort to complete the Classroom Training, Virtual Classroom Training or Customised Training or provide it at a later time. If the latter proves impossible, any Training fees already paid will be refunded. KYOCERA ACADEMY also reserves the right to cancel a Classroom Training, Virtual Classroom Training or Customised Training if a minimum number of registrations are not received. The booked Students will receive notification of such a cancellation no later than five (5) working days before the start of Classroom Training, Virtual Classroom Training or Customised Training.
9. Fees and payment terms
a) The fee for an Educational Product applies per Student. Current prices can be obtained from the KYOCERA Account. Invoices are stated in South African Rand, unless otherwise stated.
b) The prices displayed are excluding VAT. Fees for Classroom Trainings, Virtual Classroom Trainings and Customised Trainings are invoiced after the training takes place, unless otherwise stated.
c) Fees for Online Training and Materials will be invoiced after the Order has been placed.
d) The Contractual Partner is responsible for the payment of the invoice.
10. Classroom Training, Virtual Classroom Training and Customised Training
a) Fees for Virtual Classroom Training and Customised Training include the following services:
I. Supply of the required training equipment and material, unless otherwise stated.
II. The training description mentions what is included in the training,
b) Costs such as travel and accommodation costs are not included in the fees.
c) The duration and the maximum number of Students for Classroom Training and Virtual Classroom Training will be set by KYOCERA ACADEMY. KYOCERA ACADEMY reserves the right to shorten the training period in consultation with the Students.
d) Fees for Customised Trainings, either at the Contractual Partners’ premises, rented training location (e.g. hotel) or KYOCERA ACADEMY’s training room, will be agreed in a separate agreement between KYOCERA ACADEMY and the Contractual Partner.
e) Audio and video recording during the Classroom Training, Virtual Classroom Training and Customised Training is prohibited.
a) The Student will receive a qualification after successful participating in a Classroom Training or completing an Online Training and the corresponding test. For Classroom Training, Virtual Classroom Training and Customised Training the qualification will only be issued after attendance of the complete training. The trainer will decide if the Student has gained the necessary knowledge of the training and is responsible for assigning the qualification.
b) If not otherwise expressed by KYOCERA ACADEMY, the validity period of assigned qualification(s) is one year.
c) KYOCERA ACADEMY can revoke a qualification if a Student has passed an online test but fails to demonstrate the necessary knowledge.
a) KYOCERA is only liable for direct damages caused by negligence and for breach of a material contractual obligation. The amount is limited to actual financial damages incurred. Material contractual obligations are those whose fulfillment shapes the contract and on which the customer may rely.
b) An unforeseeable damage is both lost profit and damages exceeding the contractually agreed remuneration.
c) Furthermore, unforeseeable is a higher effort than that which is necessary for restoring the data with proper data backup by the customer for any loss of data. In case of slight negligence of KYOCERA, this liability shall arise only if the customer has carried out a proper data backup immediately before the measure which led to the loss of data.
d) The limitation period for damages is one year.
e) KYOCERA is entitled to suspend the operation of the KYOCERA ACADEMY website in whole or in part at any time. Due to the nature of the Internet and of computer systems, KYOCERA assumes no liability for the uninterrupted availability of the KYOCERA ACADEMY website.
a) KYOCERA ACADEMY grants the Student and the Contractual Partner a non-exclusive and non-transferable right to use the KYOCERA ACADEMY website, Material and other software provided by KYOCERA ACADEMY to the extent agreed, or if not agreed, as corresponds to the purpose underlying the Order.
b) Student and/or Contractual Partner may not:
I. Duplicate all or any part/s of the KYOCERA ACADEMY website, Material or provided software.
II. Reverse engineer, disassemble or decompile all or a part of the provided software.
III. Modify, create derivative works from the provided software.
IV. Sell, rent, loan, distribute, transfer, sublicense, or otherwise dispose parts of the KYOCERA ACADEMY website, Material or provided Software to any third party;
V. Delete or remove any trademarks and any copyright notices described on the KYOCERA ACADEMY website, Material or provided Software.
VI. Reproduce/publish parts of the KYOCERA ACADEMY website, Material or provided Software on any websites (for example YouTube, Instagram, Twitter, Facebook, LinkedIn, and other social networks etc.).
VII. Reuse or change the source code in the provided software.
VIII. Infringe the intellectual property rights of KYOCERA ACADEMY or its partners.
c) Without prejudice to the provisions in the previous paragraph, the Contractual Partner is permitted to allow the Material provided to be used exclusively by the Student, in the performance of his position, provided this use is consistent with the purpose of the ordered Educational Product. The Student is required to treat confidentially all Material which has been provided to him/her in the context of the Educational Product followed by him/her.
d) The Student acknowledges and agrees that the content, data and database, information, material texts, pictures, photographs, software, functionalities and graphics contained in or accessible through the ACADEMY website are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and law. All rights of Kyocera are expressly reserved.
e) In case of any intellectual property infringement by the Student, KYOCERA ACADEMY has the right to claim compensation.
f) When the Student submits an idea or suggestion to the KYOCERA ACADEMY website, the KYOCERA ACADEMY is entitled to use this free of charge for the development, improvement or sale of products in its product range.
14. Personal Data
a) With the registration at KYOCERA ACADEMY, the Student or any third party registering the Student provides Personal Data to KYOCERA ACADEMY, such as the Student’s name, e-mail address, phone number, job area, company name and address. KYOCERA ACADEMY, acting as a data processor will comply with all applicable data privacy laws and regulations.
b) KYOCERA ACADEMY collects the Personal Data from the Student when it is necessary for business purposes or to meet the purposes for which the Student has submitted the information. KYOCERA ACADEMY will only process, collect, hold, communicate and/or disclose such Personal Data in accordance with the KYOCERA Privacy Statement for KYOCERA ACADEMY.
a) KYOCERA ACADEMY accepts no responsibility or liability whatsoever for the completeness of training contents of any kind of Material. KYOCERA ACADEMY reserves the right to further develop and modify the Materials whereby major contents of the Material remain unaffected.
b) Students are obligated to strictly observe the safety notices for a given training site.
c) The contract between KYOCERA ACADEMY and the other party to the contract is solely governed by and construed in accordance with the laws of South Africa, the application of the CONSUMER PROTECTION ACT 68 OF 2008, is excluded.
d) Except as otherwise provided by law, the place of jurisdiction for all disputes arising from or in conjunction with the contract between KYOCERA ACADEMY and its contracting party is Johannesburg, South Africa. However, KYOCERA ACADEMY is entitled to initiate proceedings against a Student also at the Student’s place of residence.
e) If one or more provisions of the Conditions are entirely or partially invalid, or if they become partially or entirely invalid, this will not affect the validity of the remaining provisions. The provisions which have become invalid shall be replaced by legally valid regulations, which most closely approximate the intent of the invalid provision.
16. In any case, KYOCERA ACADEMY reserves the right to amend the Conditions at any time. The amended Conditions will become effective one (1) month after being posted on the KYOCERA ACADEMY website. By accessing and using the KYOCERA ACADEMY website the Student accepts that he/she is bound by the current Conditions at the time the Student accesses the KYOCERA ACADEMY website. The Student should check the Conditions each time he/she accesses the KYOCERA ACADEMY website.