CIBA - CIBA Terms and Conditions

CIBA Terms and Conditions

TERMS AND CONDITIONS OF USE

These terms and conditions govern:

Your access and use of the Website, newsletters and other publications published by CIBA, CIBA's social media platforms and other CIBA platforms (collectively called "Resources");
All applications for membership, Designations, Certifications and/or licenses submitted to CIBA via the Website; and
The payment of membership and/or other fees due to CIBA.

By using any of the Resources, you confirm that you have read, understand and agree to these terms and conditions. In the event that you are representing a company or other entity, you represent to CIBA that you are duly authorised to do so and that these terms and conditions constitute valid and binding obligations on such company or entity, in which case “you” and “your” will refer to such company or entity.

If you do not have such authority or you do not agree with these terms and conditions, you must not accept these terms and conditions and may not use any of the resources.

Your attention is specifically drawn to clauses 6 and 7 that limit the risk and liability of, and impose an obligation on you to indemnify, CIBA, and other parties.

DEFINITIONS
1. “Account” refers to the account created by you on the Website.
2. “Benefit” refers to any discount or payment.
3. “Business Day” refers to any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa.
4. “Certification” refers to a formal recognition from CIBA awarded upon the completion of a specific course or assessment, demonstrating proficiency in a particular skill or knowledge area. It validates the member’s expertise in a targeted subject.
5. “CIBA” refers to Chartered Institute for Business Accountants NPC, a non-profit company incorporated in accordance with the laws of the Republic of South Africa under registration number 1990/005364/08.
6. “CIBA Academy” refers to CIBA's centralised training and education platform for all its membership entry exams, CPD, licenses, and executive education, and Training Material hosted on this platform will only be made available to CIBA members.
7. “CPD” means continuing professional development.
8. “Data” refers to Personal Information as defined in the Electronic Communications and Transactions Act, 25 of 2002 and/or in the Protection of Personal Information Act, 4 of 2013 and/or third party information provided by you pursuant to your use of the Website.
9. “Designation” means tiered membership types that correspond to varying levels of expertise within the finance department. Each designation is awarded based on a member's demonstrated competencies, facilitating progression through membership tiers. This is a voting membership class.
10. “Forum” means letters, e-mails or other types of communications to the editors, Webmaster(s) or employees of CIBA, and messages posted in connection with the CIBA discussion forum.
11. “Membership” means association with CIBA in any capacity, encompassing statuses such as student, associate, and club members (entry-level). It represents the initial step in joining CIBA and acquiring a Designation/Certification and is a non-voting membership class.
12. “Membership Portal” means the centralised online location where members log their CPD, submit required documentation, and make fee payments.to ensure they are in good standing.
13. “OTP” means one-time pin.
14. “These/the Terms and Conditions” refer to these terms and conditions.
15. “Website” refers to any part or element of www.myciba.org, including but not limited to its sub-domain https://accounts.myciba.org, www.saiba.academy, www.cfotalks.com and www.accountingweekly.com

PART A: GENERAL USE OF THE RESOURCES

YOUR ACCOUNT
1. In order to access and use certain of the Resources, you will be required to register an account on the Website and submit certain personal information, such as your name, e-mail address, career information and billing information. Thereafter, you will be assigned a unique username and password.
2. You confirm that all the information you provide is accurate and complete in all respects and you undertake to notify CIBA of any changes to such information by editing your Account information timeously.
3. You confirm that should you erroneously receive any Benefit that is not due to you in accordance with these Terms and Conditions, you will report it to CIBA immediately to be rectified. In the event of an erroneous payment that was made to you by CIBA, you will be liable to refund such erroneous payment to CIBA immediately. In the event of an erroneous discount granted to you by CIBA, you will be liable for the amount charged by CIBA as if no discount was granted.
4. Once your Account has been successfully created, you will receive an e-mail confirming your registration in the Membership Portal. Access is gained via CIBA's official website. A separate account will be created on the CIBA Academy. Your Account is for your personal use and you will be responsible for securing your Account login details. You will not, save as contemplated in these Terms and Conditions, share your Account login details with any third party or permit any third party to gain access to your Account.
5. If the security or confidentiality of your Account is compromised or you believe that a third party has gained unauthorised access to your Account, you will notify CIBA in writing and ensure that the password for that Account is changed immediately. You will be responsible for all transactions performed using your Account login details.
USE OF THE RESOURCES
1. You undertake to:
  1. solely use the Resources for the purposes for which they are intended and in accordance with these Terms and Conditions, and for no other purpose;
  2. not reverse engineer, decompile or disassemble the Resources, or attempt to do so;
  3. not attempt to gain unauthorised access to Resources or related systems or networks;
  4. not circumvent, remove, alter, deactivate, degrade or thwart any of the protections in respect of the Resources or your Account;
  5. not copy, reproduce, frame, hyperlink, republish, upload, post, transmit or distribute the Resources, or any part thereof, without the prior written consent of CIBA is obtained and CIBA is credited with providing the information;
  6. not circumvent, remove, alter, deactivate, degrade or thwart any of the protections in respect of the Resources or your Account
  7. not use any code, software or device to interfere or attempt to manipulate the Resources or any part, function or feature thereof and/or interfere with their proper working;
  8. not use the Resources to obtain or distribute material which is defamatory, unlawful or constitutes hate speech;
  9. not use the Resources to obtain or distribute bulk e-mail, whether solicited or unsolicited;
  10. not use any robot, spider, or other automatic devices, or manual process to monitor or copy the Resources or any part thereof;
  11. not use the Resources for “spoofing”, “hacking”, “flaming”, “cracking” or “spamming”; and
  12. not intercept any information transmitted to or from CIBA or this Website.
2. You may download, where specifically permitted one copy of the Resources on any single computer for your personal, non-commercial use within your home or organisation only, provided that you will not attempt to or modify, alter or remove any copyright and other proprietary notices which reflect CIBA as the owner thereof.
POSTING IN FORUMS AND COMMUNICATIONS
1. You will not upload to, distribute through, or otherwise, publish through a Forum or in the Resources any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
2. Forums including Accounting Weekly will be used only in a non-commercial manner. You will not, without our expressed approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users of Resources to join or become members of any commercial online or offline service or other organisation is expressly prohibited.
3. In general, we will not monitor or edit or disclose the contents of Forum materials unless required in the course of normal maintenance of the Resources or unless required to do so by law or in the good-faith belief that such action is necessary to:
  1. comply with the law;
  2. protect and defend the legitimate business interests, rights or property of CIBA, it’s users, advertisers, customers, sponsors, advertisers or affiliates; and
  3. in an emergency to protect the personal safety of our users or the public.
4. You will remain solely responsible for the content of your communications and CIBA has the right but not the obligation to monitor and edit or remove any Forum communications and content.
5. By uploading materials to any Forum or submitting any materials to CIBA, you automatically grant (or warrant that the owner of such rights has expressly granted) CIBA a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
6. All communication should be in English and you understand that CIBA will try its best to assist you in English.
AVAILABILITY OF THE RESOURCES
1. Whilst CIBA uses its reasonable commercial endeavours to ensure that the Resources are available at all reasonable times, CIBA does not warrant that the Resources will be uninterrupted.
DISCLAIMER
1. CIBA has prepared the Resources as a service to its members. The Resources are provided for information purposes only and do not constitute advice or a recommendation of any nature.
2. The Resources are provided “as is” without any warranties, including but not limited to:
  1. Guaranteed continuous or uninterrupted access to the Resources: We do not guarantee continuous or uninterrupted access to the Resources, and the external providers may discontinue or switch off services at any time without prior notice;
  2. in the event of loss of access to the Resources, no refunds or compensation will be provided;
  3. any warranty, express or implied, that the Resources meets the professional and educational needs of the user;
  4. express or implied warranties of merchantability, fitness for a particular purpose, compatibility of the Resources with your software or devices, title and non-infringement or about their suitability, reliability or accuracy; and
  5. that the Resources are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of your computer system, computer network or your hardware or software.
3. While CIBA takes all reasonable and commercial steps to ensure the accuracy and legality of the Resources, CIBA makes no guarantees, whether express or implied, regarding the operation, integrity, availability, or functionality of this website or the accuracy, legality, or reliability of the Resources. Use of the Resources is at your own risk.
4. Moreover, the Resources or parts thereof may be provided by third parties and users. Please bear in mind that any opinions, advice, statements, services, office or other information expressed or made available by a third party, including information providers, users or others are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of CIBA.
5. Any reference to any specific commercial product, service or process, (or provider of such product, process or service), by trade name, trademark, hyperlink or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by CIBA.
EXCLUSION OF LIABILITY AND INDEMNITY
1. You absolve CIBA and its affiliates, subsidiaries, directors, employees, contractors and agents (“the Indemnified Parties”) from all liability and indemnify them against any claim by you or any person for damages or loss of whatever nature (including but not limited to special or consequential damages) arising directly or indirectly from your use of, or reliance upon, the Resources or any part thereof.
CHANGE OF MATERIAL
1. Any views or statements made or expressed on this website are not necessarily the views of CIBA, its affiliates, employees, servants and/or agents.
2. Any of the information on this website may be changed by CIBA without notice.
3. CIBA reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Such changes will be effected by way of publication thereof on the Website, and you waive any right you may have to receive specific notice of such changes or modifications.
INTELLECTUAL PROPERTY RIGHTS
1. The Resources are proprietary to CIBA. Except as provided for in these Terms and Conditions, you will not reproduce, modify or create derivative works from the Resources without CIBA’s prior written consent.
2. You acknowledge and agree, as between you and CIBA:
  1. All intellectual property rights in and to the CIBA logo, trademark, CIBA Designations/Certifications and Resources, including all source information, data and code, vest in CIBA.
  2. You will not, and will not permit or assist any third party, to infringe CIBA’s rights in and to the CIBA logo, trademark, CIBA Designations/Certifications and Resources.
3. You will not challenge, question or dispute CIBA’s right, title and interest to any of its intellectual property rights in and to the CIBA logo, trademark, CIBA Designations/Certifications and Resources, nor the ownership thereof or assist any other person or entity to do so.
THIRD PARTY LINKS
1. To the extent that the Resources contain links to third party websites, services and resources, CIBA does not control the availability and content of those third party websites, services and resources. Your use of such other websites, services and resources are entirely at your own risk and CIBA is not responsible for any claim for loss or damages, whether direct, indirect or consequential, arising from your use of such other websites, services and resources or your reliance on any information contained therein.
2. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular party providing such service or resource.
3. CIBA, its affiliates, subsidiaries, employees, servants and/or agents do not endorse and are not responsible or liable for the contents, maintenance of, or activities conducted on any third party websites irrespective of whether links to such websites are included in the Resources.
4. You are not permitted to “deep link” to this website or to “frame” any part of this website, without the prior written permission of CIBA.
DATA COLLECTION
1. CIBA will process your Data only to the extent it is strictly necessary to perform its obligations in terms of these Terms and Conditions. In doing so, CIBA undertakes to comply at all times with all applicable legislation in force in South Africa from time to time.
2. CIBA will not share, rent or sell your Data disclosed to it with third parties except under the following circumstances:
  1. where you consent or authorise CIBA to share the information, including in these Terms and Conditions;
  2. with service providers, affiliates and partners who perform services on CIBA’s behalf;
  3. as may be required by law; or
  4. when, in the sole opinion of CIBA, it is necessary to do so to protect its rights or your safety or the safety of others, or to investigate and/or prevent fraud or a breach of security.
3. CIBA will store and use any of your Data collected pursuant to these Terms and Conditions only for so long as you are a member of CIBA and as may be necessary to comply with any applicable laws, resolve disputes and to enforce its agreements.
4. Being a member of CIBA conveys to the public that you have met certain minimum criteria and that you render services of a professional nature in accordance with CIBA’s rules of conduct. You acknowledge and agree that it is important for members of the public to be able to verify your membership of CIBA, the type of your membership and the status of that membership. To this end, you consent to CIBA to publishing your Data on its website or otherwise disclosing such Data to the public for such purpose.
5. For more information on how CIBA processes your Data, please refer to CIBA’s privacy policy, which is incorporated in full herein by this reference.

PART B: MEMBERSHIP OF CIBA

APPLICATION
1. You agree that all information provided in an application for membership of CIBA, Designation, Certification and/or licence, and any supporting documentation attached thereto or submitted in conjunction therewith, will be true and correct in all respects. In considering your application, CIBA will be entitled to rely on the truth and accuracy of the information and supporting documentation provided by you at face value.
2. You undertake to deliver to CIBA or its nominated representative the original of any document referred to in or attached to your application within 5 (five) Business Days of receipt of a request to do so in writing.
3. You hereby irrevocably consent to and authorise:
  1. CIBA to disclose any information and/or supporting documentation referred to in or attached to your application to the appropriate authorities, including SARS;
  2. CIBA, or its nominated representative, to, at any time, conduct such background checks or verification checks as CIBA deems necessary to verify the accuracy and/or correctness of any information and/or supporting documentation referred to in or attached to your application; and
  3. any entity and/or organisation, including but not limited to any University and/or Technicon and/or employer, to provide any and all information and co-operation as may be necessary to enable CIBA or its nominated representative to verify the accuracy and correctness of any information and/or supporting documentation referred to in or attached to your application.
4. You undertake to forthwith notify CIBA in writing should any information in the aforesaid application change for any reason whatsoever or the information or documents no longer be true and correct in all respects.
5. In the event that any of the information and/or supporting documentation referred to in or attached to such application prove to be inaccurate and/or false and/or misleading, you may be subject to disciplinary sanction including, but not necessarily limited to the imposition of a fine up to R10,000-00 (ten thousand Rand) together with all costs incurred by CIBA in verifying the correctness of any information and/or supporting document submitted by you in the application.
PROFESSIONAL INDEMNITY (PI) INSURANCE
1. PI Insurance cover is included as a benefit for all Business Accountants in Practice SA (BAP (SA)) Designation Holders in good standing who:
  1. Completed and submitted their Annual Practice License;
  2. Submitted their annual NOCLAR Declaration
  3. Submitted their annual CPD Declaration
  4. Submitted their FIC Declaration;
  5. Are CPD compliant as per the CIBA’s CPD Policy;
  6. Paid their membership fees for the year:
    - In full within 7 (seven) days from the Invoice Date; or
    - If you choose to use a debit order, you must repay your fees within 3 (three) months. Should you opt for a longer payment period, you will forfeit your PI Insurance Cover.
  7. does not have any pending disciplinary investigations against them or have been found guilty of misconduct.
2. have completed and submitted their insurance questionnaire, and such questionnaire has been received by the appointed insurance broker.
3. PI Insurance cover is included as a benefit for all Specialist License Holders in good standing who:
  1. Submitted their annual license declaration
  2. Are CPD compliant as per the CIBA’s CPD Policy;
  3. Paid the license for the year:
    - In full within 7 (seven) days from the Invoice Date; or
    - If you choose to use a debit order, you must repay your fees within 3 (three) months. Should you opt for a longer payment period, you will forfeit your PI Insurance Cover.
  4. does not have any pending disciplinary investigations against them or have been found guilty of misconduct
  5. have completed and submitted their insurance questionnaire, which was received by the appointed insurance broker
4. If a member has submitted the insurance questionnaire but does not receive a PI Policy Schedule within 5 (five) business days, it is the responsibility of the member to contact his/her Professional Portfolio Consultant (“PPC”) on their direct contact number or send an email to their PPC on their email address and follow-up;
5. In the event that an active member renews their membership and meets the criteria for the PI Policy to be issued but does not receive a PI Policy Schedule within 5 (five) business days following the renewal, it is the member's responsibility to promptly contact their designated Professional Portfolio Consultant (“PPC”) by directly calling or sending an email to their PPC's designated email address to initiate follow-up procedures.
6. CIBA is not a Financial Service Provider and does not provide financial advice. Any information provided regarding PI Insurance is merely a description and should not be understood as advice. CIBA will refer all PI Insurance matters to the appointed insurance broker.
7. If you are a BAP (SA) or a Specialist License Holder and you did not settle your membership fees or sign up for a 3 (three) month debit order within 7 (seven) days from the invoice date, you will forfeit your PI insurance cover for that particular year. If your debit order is unsuccessful at any time, you will immediately be liable to settle your fees/license in full.
8. If your membership has been suspended or terminated, for whatever reason, your PI insurance cover will be suspended for the duration of the suspension of your membership or terminated, as the case may be.
9. CIBA’s PI insurance reward is subject to the terms and conditions set by the insurance provider.
10. Failure to renew a PI policy on time may lead to a lapse in coverage. Any claims for losses incurred before the renewal may be denied by the insurer.
DEBIT ORDER AUTHORISATION AGREEMENT
1. In the event that you authorise CIBA to debit your account with your membership, Designation, Certification and/or licence fees via debit order:
2. This authorisation may only be withdrawn by providing CIBA 30 (thirty) days written notice to cancel the instruction;
3. You agree to indemnify CIBA against any claim of any nature arising from the Agreement, or from any other cause following this authorisation, irrespective whether such authorisation had been withdrawn or not;
4. You agree that a monthly debit order will be processed against your bank account, as detailed in the Agreement, each and every month, commencing on the commencement date as stipulated in the Agreement and will continue for so long as you are indebted to CIBA in respect of any amounts due by you in respect of an amendment, renewal, or upgrade to your Designation, Certification and/or license fees with CIBA or until a written notice of cancellation of the Agreement is made by you.
5. You agree that in the event that any debit order due in terms of the Agreement is rejected by your bank, all related bank rejection fees and the full amount due to CIBA at that date, will be due and payable immediately and your account and all member benefits provided by CIBA, will be suspended immediately;
6. You undertake to ensure that adequate funds are available in the bank account detailed in the Agreement, to cover the amounts due in terms of the Agreement;
7. You undertake to inform CIBA of any changes to your bank account details as provided in the Agreement;
8. You acknowledge that debit order applications will only be accepted up until 20 (twenty) days after the invoice date;
9. You acknowledge that your minimum debit order amount will be your amount due divided as follows:
  - 3 (three) equal instalments for BAP (SA)’s and/or specialist license holders;
  - 6 (six) equal instalments for all other membership types;
10. You agree that your debit order payment will be deducted on one of the following dates 15th, 25th and or the last day of the month;
11. You agree that by entering the OTP you received via SMS to authorise the debit order, you have bound yourself to the terms stipulated.
12. You understand and agree that your December payment will be automatically debited from your account on the 15th of the month. This action will occur unless you provide a different instruction at least 10 (ten) days prior to the deduction date.
13. It is your responsibility to ensure that there are adequate funds in your specified account on the due date to allow for the successful completion of the payment deduction.
RECURRING PAYMENT ARRANGEMENT
1. In the event that you opt to sign up for a recurring payment with one of CIBA's Merchant Service Provider (Payfast and Snapscan):
2. This arrangement may be cancelled by following the instructions as determined by the Merchant Service Provider;
3. You agree to indemnify CIBA against any claim of any nature arising from the Arrangement;
4. You agree that in the event that any recurring payment due in terms of the Arrangement is rejected by your bank, all related bank rejection fees and the full outstanding amount due to CIBA at that date, will fall due and payable immediately and your account and all member benefits provided by CIBA, will be suspended immediately;
5. You undertake to inform the Merchant Service Provider of any changes to your bank account details as provided in the Arrangement;
6. You acknowledge that recurring payment arrangements will only be accepted up until 20 (twenty) days after the invoice date;
7. You acknowledge that your minimum payment amount will be your amount due divided as follows:
  - 3 (three) equal instalments for BAP (SA)’s and/or specialist license holders;
  - 6 (six) equal instalments for all other membership types.
8. You agree that your recurring payment will be deducted on one of the following dates 1st 15th, 25th and or the last day of the month.
9. You understand and agree that your December payment will be automatically debited from your account on the 15th of the month. This action will occur unless you provide a different instruction at least 10 (ten) days prior to the deduction date.
10. It is your responsibility to ensure that there are adequate funds in your specified account on the due date to allow for the successful completion of the payment deduction.
APPLICATION OF PROVISIONS OF THE CONSTITUTION, MEMORANDUM OF INCORPORATION, CODE OF CONDUCT AND RULES OF CONDUCT OF CIBA.
1. by virtue of your membership of CIBA, you will be bound by and subject to the provisions of CIBA’s Memorandum of Incorporation, Code of Conduct and disciplinary procedures, as amended from time to time and/or as determined by CIBA from time to time, copies of which are available on CIBA’s website, www.myciba.org;
2. you have read and are familiar with the contents of the documents referred to in clause 12.1; and
3. should you fail to comply with any provisions of these Terms and Conditions, CIBA’s Memorandum of Incorporation and/or code of conduct and/or standards of engagements, you will be subjected to CIBA’s disciplinary procedures, which may result in:
  1. suspension or termination or suspension of your CIBA membership, Designation, Certification and/or licence;
  2. civil and/or criminal prosecution;
  3. reporting such conduct to all relevant authorities, including SARS;
  4. the imposition of fines, penalties or other charges by CIBA; and
  5. in the event of termination of your CIBA membership Designation, Certification and/or licence, publication of your identity and sanction on CIBA’s website.
DURATION OF MEMBERSHIP AND MEMBERSHIP FEES
1. You confirm that, once CIBA approves your application for membership, you will be granted membership and (where appropriate) a designation in accordance with your category of membership and that, subject to payment of the requisite fees within 7 (seven) days from the invoice date, you will immediately be entitled to all the benefits and related recognition as appropriate per your membership and/or designation type.
2. Fees are payable to CIBA annually in advance, with no apportionment for joining during a calendar year. CIBA has two invoice cycles: July and January. If you are registered as a member during the period May – October (“the July Cycle”), your membership, Designation, Certification and licence fees will be due and payable on or before 8 July of each year. Alternatively, if you are registered as a member during the period November – April (“the January Cycle”), your membership, Designation, Certificate and licence fees will be due and payable on or before 8 January of each year.
3. Your membership of CIBA will, unless terminated in accordance with these Terms and Conditions or CIBA’s memorandum of incorporation, be automatically renewed for further periods of 12 (twelve) months and you will be liable for payment of the full membership fee for the following year.
4. Should you opt into the Channel 2 Growth CPD option and are on the July billing cycle you must reaffirm your selection of the Channel 2 Growth option at the start of each subsequent billing period.
5. If you fail to pay the full amount of the fees referred to above on or before the stipulated date, your membership will automatically be suspended and, notwithstanding such suspension, you will remain liable to CIBA for payment of the full outstanding amount together with interest thereon at a rate of 2% per annum. Furthermore, your account may be handed over for collection and/or listing with credit agencies and that, in the event of any collection procedure being instituted against you, you will be liable for all costs and charges on attorney and own member scale, including that of counsel and any fees for tracing agents and experts and notwithstanding whether action had been commenced with or not.
6. In terms of CIBA’s memorandum of incorporation, CIBA may, amongst others, suspend and/or cancel your membership at any time on written notice to you should in the event that:
  1. you have been erroneously registered as a member of CIBA in circumstances in which you do not comply with the requirements for registration and you have failed to remedy such non-compliance within 10 (ten) Business Days of the date of such notice;
  2. you have failed to comply with any applicable continuous professional development requirements or provide a police clearance certificate or affidavit when required by CIBA to do so, despite being afforded a reasonable period of time to remedy such non-compliance; or
  3. CIBA determines that you no longer qualify for membership and/or the Designation and/or the Certifciation and/or licence concerned.
7. In the event of suspension or cancellation of your membership:
  1. CIBA will publish such suspension or cancellation on its website;
  2. you will forthwith cease all use of, and no longer be entitled to use, the CIBA name, trademarks Designations or Certifications and you will not be entitled to any benefits, rights or privileges and or recognition associated with your membership of CIBA; and
  3. CIBA will be entitled to institute any and all proceedings necessary to enforce its rights against you in terms of clause 14.6.1 above or in relation to the payment of monies owing to CIBA, the costs of which will be borne by you on an attorney and member scale.
8. All fees due to CIBA, including any applicable administration fees, membership fees, and Designation/Certification fees, are non-refundable and you will not be entitled to a full or partial refund in the event of termination or suspension of your membership;
9. Should you overpay your account, the balance will not be refunded by will be credited to your account and allocated to your next renewal invoice.
TERMINATION OF MEMBERSHIP
1. Your membership of CIBA may be terminated in one of the following ways:
  1. by CIBA in accordance with these Terms and Conditions, its Memorandum of Incorporation or applicable disciplinary policies and procedures,
  2. by CIBA in the event of a breach of these Terms and Conditions which you fail to remedy within a period of 5 (five) Business Days from the date of a written notice from CIBA requiring you to do so; or
  3. by you by way of written notice to CIBA delivered not less than 1 (one) month prior to the commencement of the July Cycle or the January Cycle, as the case may be.
2. In the event of receipt of a valid termination notice in accordance with clause 17.1.3, CIBA will terminate your registration with effect from the end of the last day of June (in the event you fall within the July Cycle) or December (in the event you fall within the January Cycle).
3. In the event of termination of your membership:
  1. you will comply with the provisions of clause 17.6 above; and
  2. all membership benefits and partner discounts (e.g. SAIT, Draftworx) will no longer apply and CIBA’s partners will be informed accordingly for relevant discounts to be removed.

PART C: TRAINING AND EDUCATION

EVENTS, SUBSCRIPTIONS, WEBINARS, COURSES OR LICENSE (“TRAINING MATERIAL”)

You undertake to complete the minimum CPD requirements imposed by CIBA from time to time and agree to the following:
1. Bookings and confirmation
  1. All members are required to make a booking online for any required Training Material hosted;
  2. Once a booking has been made, an invoice will be automatically generated and sent to the member;
  3. A booking will be deemed to be finalised once payment has been received;
  4. If a member has booked the Training Material but does not receive a confirmation of the booking, it is the responsibility of the member to contact his/her Personal Portfolio Consultant (“PPC”) on their direct contact number or send an email to their PPC on their email address and follow-up on the booking;
  5. Venues, times, topics, presenters, programme offerings, and online schedules are subject to change without notice and are determined solely at the discretion of CIBA
2. Payment methods
  1. Payment for the Training Material can be made by credit/debit card using the payment facility on the CIBA Academy website.
  2. The price of the Training Material will be the price displayed on the CIBA Academy website. The price is inclusive of Value-Added Tax (“VAT”).
  3. You will receive notification that your payment was successful. If, for whatever reason, the credit/debit card payment failed, you will also be notified and will be instructed on how to proceed.
3. Cancellations and refunds
  1. The member shall not be entitled to receive a refund for the Training Material fee, except in circumstances where:
    1. there was an overbooking by CIBA; or
    2. the Training Material was cancelled by CIBA.
    3. the cancellation of a booking is due to reasons of serious illness, hospitalisation or death and was submitted in writing to academy@myciba.org from the email address the member registered with on the CIBA Academy website.
  2. Any refunds due will be made within 30 (thirty)working days after written receipt of the cancellation of the Training Material.
  3. Banking details of the account into which the refund must be paid must be sent via email to academy@myciba.org from the email address the member registered with on the CIBA Academy website.
  4. To ensure continued access to the Training Material, you must make, and we must receive, payment of your fees in advance.
  5. If payment of your fees is not received, access to the Training Material will be suspended. You will not have an option to book for an event/s.
  6. If your access to the Training Material is suspended, access will not be reactivated until received full payment of your fees have been received and legal action may be taken against you to recover all outstanding fees.
  7. If you opted for the monthly subscription plan and you fall in arrears or stop paying for whatever reason, the full amount due to CIBA for the 12 month period outstanding at that time will fall due.
  8. The fees payable in respect of access to the Training Material may be amended from time to time. You will be notified of such an amendment electronically via email as soon as practicable prior to implementing it, so that if you wish to terminate the subscription you may do so.
  9. Without derogating from CIBA’s right to terminate your subscription, CIBA will be entitled, with or without notice, to suspend your subscription for any reason and for such period as CIBA in its sole discretion determines to be appropriate if you engage in any activities which, in CIBA’s sole discretion, would constitute a breach of these Terms and Conditions, contravention of any law and/or a violation and/or infringement of any rights of a third party.
  10. Should you breach any provision of these Terms and Conditions and fail to remedy such breach within 5 (five) Business Days from the date of written notice from CIBA calling upon you to do so, CIBA will have the right to cancel your subscription.
  11. The termination of your subscription, for whatever reason, will not affect the rights of CIBA which accrued before the termination of your subscription or specifically or by their nature survive such termination.
4. CPD Subscription options
  1. Your CPD subscription grants you a limited, non-exclusive and non-transferable right to use the CPD content and services available on the CIBA Academy for the duration of your subscription and in accordance with these terms and conditions.
  2. The minimum commitment to the CIBA Academy is for a period of 12 (twelve) months from the date on which you subscribe, irrespective of whether you use the CIBA Academy during this period or not.
  3. Your subscription will commence on the date on which you sign up and will, unless terminated earlier, continue for the period of 12 (twelve) months and thereafter will be automatically renew for a period of 12 (twelve) months:
    1. at the price charged by CIBA at that time; and
    2. in accordance to the terms and conditions contained herein, as may be amended by CIBA from time to time.
5. CPD subscription plans:

PART D: GENERAL

COOLING-OFF PERIOD
1. All payments by means of an electronic transaction shall be subject to section 44 (cooling-off period) of the Electronic Communications and Transactions Act No 25 of 2002, as amended. As such, members shall be entitled to cancel this agreement without reason or penalty within 7 (seven) days after the date of an event booking.
2. If the cooling-off period under clause 19.1 does not apply, and a person is a consumer protected by the Consumer Protection Act No 68 of 2008 and the person makes a booking as a result of direct marketing, then that person shall be entitled (under section 16 (consumer's right to cooling-off period after direct marketing) of the Consumer Protection Act) to cancel this agreement within 5 (five) business days after the date of the booking by writing and submitting a detailed explanation, with full contact details to academy@myciba.org.
LIMITATION OF LIABILITY
1. In no event will CIBA be liable for any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.
2. You agree that you hereby indemnify CIBA against damage to tangible property, whether personal or real, and death or injury to persons to the extent caused by the negligence of the other party.
3. You understand and accept that CIBA consistently develops its training courses in line with evolving best practices. CIBA reserves the right to make changes to the published and/or advertised Training Material content without prior notice to the you.
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