diiVe Terms & Conditions (2020/2021)
[Last revised: 22 June 2021]
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. “diiVe” means DIIVE (Pty) LTD (registration no. 2018/363380/07), a private company incorporated in South Africa with registered address at Unit 501, WorkinProgress, Block B, Woodstock Exchange, 66 Albert Road, Woodstock, Cape Town, Western Cape, 7925;
1.2. “Initial Deposit” means the deposit of $300 payable by all students accepted into a diiVe Cape Town Program/s in 2021, in order to secure their place on the Program. The Initial Deposit is non-refundable even if the Participant decides to not attend the Program/s and/or cannot attend the Program/s due any one of the following issues including, financial, physical inability, personal emergency, visa complications etc.;
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 which can either be virtual or in-person.
1.5.1. “diiVe Cape Town Program/s” refers to our in-person programs that are located in Cape Town, South Africa.
1.5.2. “dive Virtual” Programs refer to our remote internship programs which takes place online, which include a J-Term Program and a Summer Program in 2021.
1.6. “Tuition Fee” means the fees attached to attend a diiVe Program. The diiVe Tuition Fee for diiVe Virtual: J-Term 2021 is $750, diiVe Virtual: Summer is $1900 and for diiVe Cape Town (either Consulting or Data Science) is $8000. All Tuition Fees are inclusive of the respective deposits required with the exception of the $300 non-refundable fee relating to the diiVe Cape Town Program/s only.
1.7. “Tuition Fee Deposit” means 50% (fifty percent) of the amount specified in the quotation, payable by the Participant to attend the Program/s, excluding the Initial Deposit in the case of our diiVe Cape Town Programs;
1.8. “Tuition Fee Full Payment” means 100% (one hundred percent) of the Tuition Fee specified in the quotation, payable by the Participant to diiVe to attend the Program/s excluding the Initial Deposit in the case of our diiVe Cape Town Programs;
1.9. “Program Invitation” means the official program invitation letter sent to all successful applications submitted by potential Participants of the diiVe program.
1.10. “Services” means any service that diiVe agrees to provide as part of the diiVe program.
1.11. “Starting Date/s” means the commencement of one of our diiVe Programs: diiVe Virtual: J-Term is on January 4th 2021, diiVe Virtual: Summer 2021 is June 28th 2021, and diiVe Cape Town is June 14th 2021.
1.12. “Supervisor” means any program trainer, facilitator, consultant for the Program or employee or associate of diiVe;
1.13. Service Provider” means any third party that diiVe contracts to offer services to diiVe and/or the Participants of any Program; and,
1.14. “Third Party” means any external third parties that are not a Participant or associated or affiliated with diiVe or a Third-Party Service Provider.
1.15. “Harassment” means behavior 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.
1.16. 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.
1.17. “Discrimination” means prejudicial behavior 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 favoritism.
2.1. The Participant may apply to attend a diiVe Virtual or diiVe Cape Town Program in 2021. All of our programs can be found 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 deposit or a once-off payment, which is specified in their acceptance mail within two weeks (14 calendar days) of receiving the Program Invitation to secure placement on the diiVe Program he/she has been accepted into.
3.1.1. The above is a new payment schedule which was put into effect in September 2020.
3.1.2 In the case of diiVe Cape Town, the Initial Deposit ($300) is non-refundable, with the exception of diiVe cancellations (refer to 5.2.1).
3.1.3 In the case of diiVe Virtual: J-Term 2021, the Tuition Fee Full Payment ($750) for the Program is due two weeks from having been accepted into the diiVe Program.
3.2. If a remaining balance is due, the participant shall pay this balance of their diiVe Tuition Fee one month after the Deposit or two weeks (14 days) before the Starting Date of the Program, whichever comes sooner.
3.3. If students are applying for funding, they must contact a diiVe Representative, as payment schedules are then subject to change.
3.4. Participants can opt to pay the Tuition Fee in full instead two payments.
3.5. 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 Tuition Fee Deposit, and, depending on when the Participant fails to make the payment which is due, the remaining terms in the Terms shall be applicable.
3.6. 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:
3.6.1. All payments shall be made into a bank account nominated by diiVe for that purpose; and
3.6.2. All payments shall be free of any bank fees or deductions.
4.1 Refunds of the diiVe Virtual Program or any diiVe Program 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.
5.1. In the event of a Program being canceled for any reason, diiVe shall, where possible, offer the Participant an alternative Program option.
5.2. 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.
5.2.1 In the event that diiVe cancels a program for any reason, these refunds are 100% of Tuitions Fees including the $300 Initial Deposit for diiVe Cape Town.
5.3. In the event of the Participant cancelling his/her attendance of the Program: 60 (sixty) days or more prior to the Starting Date of the Program/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 Program, 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 diiVe for the full Tuition Fee.
5.4. 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 hospitalization of the Participant.
6. ACCOMMODATION, INTERNSHIP, AND ACTIVITES
6.1. diiVe shall refer the Participant to secure Program accommodation through a Service Provider in Cape Town for the duration of the Program.
6.2. The accommodation for diiVe Global Programs 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.
6.3. 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.
6.4. 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.
6.5. 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.
6.6. 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.
7.1. 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.
7.2. The Participants are solely responsible for their baggage and personal effects whilst traveling 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.
7.3. 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, traveling 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.
7.4. 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.
8. INTELLECTUAL PROPERTY
8.1. “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:
8.1.1. 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
8.1.2. 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.
9. HEALTH AND SAFETY GUIDELINES
9.1. 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.
9.2. 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 Tuition Fee or in any other respect whatsoever subject to clause 4.4.
9.3. 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.
9.4. 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.
10. RULES AND REGULATIONS
10.1. 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.
10.2. 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).
11. REMOVAL FROM PROGRAM
11.1. 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:
11.1.1. The Participant has made a material misrepresentation in his/her application;
11.1.2. It comes to the attention of diiVe that the Participant has contravened any law of the Republic of South Africa;
11.1.3. 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;
11.1.4. 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;
11.1.5. The Participant has failed to maintain a strictly professional relationship with any of his/her Supervisors;
11.1.6. 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;
11.1.7. The Participant has made an independent visit to a township or low-income area in contravention the above rules; and
11.1.8. 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.
11.2. 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 Tuition Fees, travel costs, accommodation costs and legal costs.
11.3. The Participant has harassed and or discriminated against another participant, staff member, or third party.
12. DISPUTE RESOLUTION
12.1. 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.
12.2. 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.
12.3. 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.
13. 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.
14.1. 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.
14.2. 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.
15. GENERAL TERMS AND CONDITIONS
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. 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.
15.6. Competitions: diiVe from time to time, will run competitions for its prospective students and program students which are governed by specific terms and conditions per competition as outlined below.
15.6.1. Referral Competition: To be entered into the competition, a prospective student student or program student (herewith reference to as the “referrer”) must refer at least one student to diiVe (herewith referenced to as the “the referral”), who also must apply and be accepted onto diiVe’s summer 2021 virtual program.
188.8.131.52. The referral must write in their application form that they heard about diiVe through the referrer by first and last name.
184.108.40.206 The winner of the competition will be picked randomly from all of those referrers who have successfully referred a student as outlined in 15.6.1. after all applications for the program have been processed for Summer 2021.
220.127.116.11 The winner of the competition will have until June 1st to decide whether they would like to accept or decline the opportunity to participate in the 3-hour case study session offered by diiVe in Summer 2021 at no cost to the winner.