diiVe Terms & Conditions (2018/2019)
[Last revised: 2 November 2018]
This document sets out the terms and conditions (the “Terms”) upon which DIIVE (Pty) LTD (“diiVe”) agrees to accept you (“the Participant”) as an attendee of our programs offered by diiVe. By signing these Terms/ registering for the Program through payment, you have 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.
In these Terms, the following defined terms have the following meanings:
1.1. “Deposit” means 50% (fifty percent) of the amount specified in the quotation, payable by the Participant to diiVe to secure a program;
1.2. “diiVe” means DIIVE (Pty) LTD (registration no. 2018/363380/07), a private company incorporated in South Africa with registered address at 401A Mest Incubator, Woodstock Exchange, 66 Albert Road, Woodstock, Cape Town, Western Cape, 7925;
1.3. “Participant” means the person or juristic entity entering into an agreement with diiVe and/or attending on one or more of the diiVe programs who is bound by these Terms;
1.4. “Parties” means the parties to these Terms and Conditions and “Party” means any one of them as the context may indicate;
1.5. “Program” means any one of the Programs that diiVe operates.
1.6. “Program Invitation” means the official program invitation letter sent to all successful applications submitted by potential Participants of the diiVe program.
1.7. “Services” means any service that diiVe agrees to provide as part of the diiVe program.
1.8. “Supervisor” means any program trainer, facilitator, consultant for the Program or employee or associate of diiVe;
1.9. Service Provider” means any third party that diiVe contracts to offer services to diiVe and/or the Participants of any Program; and,
1.10. “Third Party” means any external third parties that are not a Participant or associated or affiliated with diiVe or a Third-Party Service Provider.
2.1. The Participant may apply to attend a one-month or two-month Program on the diiVe website, www.godiive.com.
2.2. diiVe reserves the right to refuse the Participant’s application for any reason in its sole discretion.
2.3. diiVe reserves the right to amend any Program or price in its sole discretion.
3.1. The Participant shall pay a refundable Deposit (50%) within 21 (twenty-one) calendar days of receiving the Program Invitation to secure a place in the Program.
3.2. The Participant shall pay the remaining 50% balance of the program fee within 60 (sixty) calendar days from date of payment of the Deposit.
3.3. In the event of payments not being made strictly in accordance with the foregoing, diiVe shall be entitled to remove the Participant from the list of participants attending the Program and to replace the Participant with another Participant. In this instance, the Participant forfeits the Deposit, and, depending on when the Participant fails to make the payment which is due, the remaining terms in the Terms shall be applicable.
3.4. When payment of any amount due to diiVe is made, the Participant shall ensure that proof of payment is provided to diiVe for the purposes of confirming the Participant’s reservation:
3.4.1. All payments shall be made into a bank account nominated by diiVe for that purpose; and
3.4.2. All payments shall be free of any bank fees or deductions.
4.1. In the event of a Program being canceled for any reason, diiVe shall, where possible, offer the Participant an alternative Program option.
4.2. Where such alternative Programs are not available or suited to the Participant, diiVe shall refund the Participant any money that has been paid for that program and the Participant agrees that he/she shall have no further claim against diiVe for any loss or damage incurred irrespective of the cause of the loss or damage as a result of this cancellation.
4.3. In the event of the Participant cancelling his/her attendance of the Program: 60 (sixty) days or more prior to the commencement of the Program, the Participant shall be entitled to a refund of 70% (seventy percent) of the Program fee; more than 30 (thirty) days, but less than 60 (sixty) days prior to the commencement of the Program, the Participant shall be entitled to a refund of 50% (fifty percent) of the Program fee; less than 30 (thirty) days prior to the commencement thereof, the Participant shall be liable to diiVe for the full program fee.
4.4. Notwithstanding the cancellation provisions, diiVe shall not impose any cancellation fee or claim any damages in respect of attending a Program if the Participant is unable to attend the Program due to the death or hospitalisation of the Participant.
5. ACCOMMODATION, INTERNSHIP, AND ACTIVITES
5.1. diiVe shall refer the Participant to secure Program accommodation through a Service Provider in Cape Town for the duration of the Program.
5.2. The accommodation shall be of a reasonable standard at the discretion of diiVe 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.
5.3. diiVe shall not be responsible for sourcing accommodation in the event that the Participant wishes to find his/her own private accommodation in Cape Town and diiVe shall not be liable in anyway for the Participant’s private accommodation.
5.4. diiVe shall utilize its best efforts to place the Participant in an internship with a Third Party if the Participant is participating in the internship program provided by diiVe. The terms of such internship shall be regulated by way of separate agreement to be entered into between the Participant and that Third Party.
5.5. The Participant undertakes to fulfill any terms and other rules regarding his/her internship program. The Participant shall arrive at work in a punctual manner, fulfill time commitments, respect his/her colleagues and approach tasks with enthusiasm and an open mind.
5.6. diiVe 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 diiVe and the Participant.
6.1. 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 his/her travel documentation, including but not limited to passports, any necessary visas and/or medical certificates, have been obtained and are in order as diiVe takes no responsibility in this regard.
6.2. The Participants are solely responsible for their baggage and personal effects whilst travelling to the Program, occupying the accommodation provided and attending the Program, and diiVe 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.
6.3. The Participant acknowledges that he/she realizes the potential hazards that may arise in respect of his/her participation in the program, including injury, disease, loss or damage of property, inconvenience or discomfort and indemnifies diiVe and its directors, employees, agents, consultants and associates against any loss, injury, death or damages suffered as a result of the Participant attending the Program, travelling to and from the Program and whilst occupying the accommodation provided or while the Participant remains in the Republic of South Africa. The Participant indemnifies and holds harmless diiVe and its directors, employees, agents, consultants and associates in respect of all and any loss, injury, illness, death, damages suffered by him/her whilst traveling to or attending the Program, from whatsoever cause arising.
6.4. diiVe provides the Participants with the Programs 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’). diiVe 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 wilful misconduct of diiVe 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. diiVe 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 familiarize themselves with such terms and conditions.
7. INTELLECTUAL PROPERTY
7.1. “diiVe” and the relating trademarks and goodwill are the intellectual property of diiVe and the Participant does not have any right to use this trademark unless diiVe specifically consents thereto in writing:
7.1.1. The intellectual property (which includes all right in copyright) in all materials provided by diiVe to the Participant in respect of the Program, including manuals, articles, books, magazines, graphics, software and the like is owned by diiVe and may not be reproduced, displayed, or used by the Participant without diiVe’s prior written consent. Any such use is strictly prohibited and will constitute an offense and an infringement of diiVe’s intellectual property rights as the owner of such material; and
7.1.2. diiVe reserves the right to take photographic or film records of any program, which recording may include the Participant’s voice and/or likeness or other intellectual property rights. The Participant grants diiVe the rights to use such records for promotional and/or commercial purposes without limitation and without liability.
8. HEALTH AND SAFETY GUIDELINES
8.1. It is entirely the Participant’s responsibility to ensure that he/she is free from any condition which would affect his/her capability to undertake the program and to apply him/herself to it.
8.2. Should any condition manifest itself which precludes the Participant from attending the program or participating fully in it, he/she shall have no claim against diiVe either for a refund of the Program fee or in any other respect whatsoever subject to clause 4.4.
8.3. The Participant shall not make any travel plans during the dates of the Program unless otherwise approved by both the internship site supervisor and diiVe. Any travel requests shall be submitted via email to a member of the diiVe staff. If a Participant’s trip is approved, the Participant is obligated to make the diiVe staff aware of any relevant travel arrangements. Furthermore, the Participant fully assumes all of the risk associated with regional travel and releases diiVe from any and all liabilities to the maximum extent permitted by law.
8.4. The Participant acknowledges that he/she has been made aware of the fact that certain townships and low-income areas of Cape Town are potentially dangerous to visit independently and without diiVe supervision. The Participant shall ensure that any independent visits to such areas shall only be made after notifying a member of the diiVe staff of their intention. diiVe holds no liability towards the Participant for these independent visits.
9. RULES AND REGULATIONS
9.1. diiVe reserves the right to create and apply a code of conduct (including due performance requirements) in respect of the Program, and the Participant hereby agrees to be bound by the rules set out in such code.
9.2. diiVe reserves the right to exclude the Participant from any program 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 diiVe to recover fees payable).
10. REMOVAL FROM PROGRAM
10.1. The Participant agrees that diiVe shall be entitled to remove him/her from any Program without prior notice and with immediate effect in any of the following circumstances:
10.1.1. The Participant has made a material misrepresentation in his/her application;
10.1.2. It comes to the attention of diiVe that the Participant has contravened any law of the Republic of South Africa;
10.1.3. 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;
10.1.4. diiVe, acting reasonably, resolves that the Participant has exhibited unacceptable, reckless or inappropriate behavior towards any third party, including, but not limited to, other Participants in the program or a staff member, and/or where complaints have been laid against the Participant by any such third party;
10.1.5. The Participant has failed to maintain a strictly professional relationship with any of his/her Supervisors;
10.1.6. The Participant has engaged in any behavior or activity that may bring diiVe, its program, or its Third-Party Service Providers into disrepute, or may be detrimental to the program;
10.1.7. The Participant has made an independent visit to a township or low-income area in contravention the above rules; and
10.1.8. The Participant is deemed by a diiVe staff member to no longer be in a healthy state (physically or mentally) to remain in the program. diiVe 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 Program.
10.2. In the event of the Participant’s removal from the program in terms of the above, the Participant hereby agrees that diiVe 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 him/her, including, but not limited to, Program attendance fees, travel costs, accommodation costs and legal costs.
11. DISPUTE RESOLUTION
11.1. Should any dispute, disagreement or claim arise between the parties, the parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
11.2. 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.
11.3. The parties both agree that in no circumstance will either party publicize 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.
12. FORCE MAJEURE
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, labor 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.
13.1. All notices given by the Participant to diiVe must be sent to the following address: Woodstock Exchange, Block A, Unit 401A, 66 Albert Road, Woodstock, Cape Town, 7925. diiVe may give the Participant notice at either the email or the postal address that the Participant provided when booking a program which shall serve as the Participant’s domicilia citandi et executandi.
13.2. 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.
14. GENERAL TERMS AND CONDITIONS
14.1. 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.
14.2. Entire terms and conditions. This document together with the application form and the diiVe 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 he/she has not relied on any matter or thing stated on behalf of diiVe 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.
14.3. Amendment of these terms. diiVe may amend the Terms from time to time. The Participant should visit the diiVe website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. diiVe 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 diiVe website, or sent by email to the address associated with the Participant’s diiVe account. The continued participation in the diiVe program and use of the diiVe website, after any amendment to these Terms, constitutes the Participant’s acceptance of the Terms, as modified by such amendment. If the Participant do not accept the Terms, or any amendment to them, the Participant must immediately notify diiVe.
14.4. 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.
14.5. 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.