The Southern African Institute for Business Accountants NPC and its affiliates (collectively “SAIBA”) authorises you to use this website subject to the terms and conditions below (“the Terms and Conditions”). By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this website if you do not agree to the Terms and Conditions.
2. Use of material
Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials (“materials”) that are part of the SAIBA website are copyrights, trade marks, trade dress and/or other intellectual properties owned, controlled or licensed by SAIBA.
You may copy, reproduce, frame, hyperlink, republish, upload, post, transmit or distribute any material from this website and recognise SAIBA for providing the information.
However, you may download, where specifically permitted one copy of the materials on any single computer for your personal, non-commercial use within your home or organisation only; provided that you keep intact all copyright and other proprietary notices.
You may not use the SAIBA logo and name as part of your business or in connection with any goods or services you provide without SAIBA’s prior written consent.
You may not use this website to obtain or distribute:
- copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner of the intellectual property rights in such material;
- material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
- material which is defamatory, unlawful or contains hate speech; or
- bulk e-mail, whether solicited or unsolicited.
You are strictly forbidden from using any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained herein.
You must not interfere with or jeopardise the functionality or the operation of any part of this website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website.
You are strictly prohibited from using this website for “spoofing”, “hacking”, “flaming”, “cracking” or “spamming”.
You may not intercept any information transmitted to or from SAIBA or this website.
You must respect other users of this website at all times.
3. Information on this website is not advice and should not be relied on by you.
SAIBA has prepared the information contained on this website as a service to its readers and the Internet community.
The material contained on this website is for information only and does not constitute advice or a recommendation of any nature.
SAIBA has used reasonable effort in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website or any site or website. By using the information from the SAIBA website or any link to any other website you do so at your own risk.
You acknowledge that any assessment or reflection of the performance of SAIBA or any other third party does not mean that such performance will be repeated or should be relied upon in any way.
Any reference SAIBA makes to any specific commercial product service or process, (or provider of such product, process or service), by trade name trade mark, hyperlink or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by SAIBA.
Content on the SAIBA website may be provided by third parties and users. 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 SAIBA.
4. Change of material
Any views or statements made or expressed on this website are not necessarily the views of SAIBA, affiliates, employees, servants and/or agents.
Any of the information on this website may be changed by SAIBA without notice.
SAIBA reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these terms periodically for changes. Your continued use of the SAIBA website following the posting of changes to these Terms and Conditions will mean you accept those changes.
5. General Disclaimer
SAIBA provides the materials in the websites “AS IS” and without warranties of any kind either express or implied.
While SAIBA attempts to ensure that the contents of this website are accurate and complete, SAIBA makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
Any person who relies on this website or on the information contained in this website does so at her own risk.
SAIBA does not warrant that the functions contained in the materials will be uninterrupted or error free, that these sets will be corrected, that the SAIBA website or the server(s) that make the SAIBA website available are free of viruses or other harmful components.
SAIBA does not warrant or make any representations regarding the results of the use of the materials in the SAIBA website in terms of their correctness, liability or otherwise.
SAIBA also makes no warranty or representation, whether express or implied, that the information or files available on this website 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 a computer system, computer network or your hardware or software.
You accept all risk associated with the existence of such 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 or content of a computer system, computer network or your hardware or software.
You, not SAIBA, assume the entire cost of necessary, servicing, repair or correction.
To the fullest extent permissible pursuant to applicable law, SAIBA disclaims all warranties, express or implied, including without limitation, implied warranties or merchantability and fitness for a particular purpose.
SAIBA does not accept any responsibility for any errors or omissions on this website.
6. Application of provisions of the Constitution, Memorandum of Incorporation, Code of Conduct and Rules of Conduct of the Institute.
I understand and confirm that, by virtue of my application for membership of the Institute, and against notification that my application for membership has been successful, I shall be bound to and subject to the provisions of the Institute’s Constitution, Memorandum of Incorporation, Code of Conduct and Rules as amended from time to time and/or as determined by the board of directors from time to time with regard to my privileges, rights and obligations as member.
Without detracting from the above, I understand and confirm that, by virtue of my membership of the Institute, I shall be subject to the Institute’s disciplinary process and code, as amended from time to time, with regard to my conduct as member of the Institute.
7 Duration of membership and membership fees.
I confirm that, once the Institute approves my application for membership, I will be granted membership and (where appropriate) a designation in accordance with my category of membership and that I will immediately be entitled to all the benefits and related recognition as appropriate per my membership and/or designation type.
I confirm and understand that the Institute may suspend and/cancel my membership at any time should they find that I do not qualify for membership and/or a designation.
I confirm and understand that once my membership and/or designation is suspended or cancelled I no longer will be entitled to any benefits and or related recognition.
I confirm and understand that the Institute can take any and all action to prevent me from indicating, in whatever form, that I am associated with the Institute when in fact I am not.
I confirm that, once the Institute approves my application for membership I will immediately become liable for the full administration fee (if applicable), membership fee, and (where appropriate) the designation fee in respect of my category of membership.
I confirm and understand that the institute has two invoice cycles: July and January. If I join during the period July – December, I fall under the July invoice cycle and I am liable to pay the full membership fee. If I join during the period January – June, I fall under the January invoice cycle and I am liable to the full membership fee. All amounts are payable immediately upon SAIBA issuing an invoice.
All fees set out above, are due and payable to the Institute within 10 days from the date upon which my application for membership was approved for new applications/immediately upon SAIBA issuing an invoice for recurring invoices.
If I do not pay the full amount referred to above within the stipulated period of 10 days, my membership will automatically be suspended. Notwithstanding such suspension, I shall remain liable for payment of the full outstanding amount.
I accept that my 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 me, I shall be liable for all cost and charges on a scale as between attorney and own client, including that of counsel and any fees for tracing agents and experts and notwithstanding whether action had been commenced with or not.
I take note and accept that my liability for fees and conformance to the Institutes Constitution, Memorandum of Incorporation, Code of Conduct and Rules is in perpetuity and may only be altered and canceled is I follow either of the below procedures:
Submit a written letter of resignation to the Institute at least 30 days prior to my invoice renewal date or
I am found guilty of unprofessional conduct by the Institute.
I accept that a 10% penalty will be levied if I my membership is not paid in full within 3 months from invoice date. This will not be applicable to members with successful debit orders.
Failure to adhere to these procedures means that I will remain liable for all fees, penalties and other obligations as determined by the Institute.
8. Recurrence of membership and termination.
I understand that my membership of the Institute shall be ongoing and automatically renew on an annual basis unless terminated by me in accordance with this terms and conditions.
Membership fees are payable for the membership cycle: July for members who has joining dates between July – December; or January for members who has joining dates between January – June dependent on your joining date. This fee is due and payable on or before the end of July or January of every year with regard to your membership cycle.
Unless I give written notice to the Institute, which shall be received by the Institute no later than one month prior to the new membership cycle e.g. 30 June for the July membership cycle or 31 December for the January membership cycle, I will remain liable for the full membership fee the new membership cycle.
All fees include VAT.
9. Accuracy of information and supporting documentation
I hereby confirm and certify that all information provided by me in my application for membership of the Institute, and any supporting documentation attached thereto, is true and correct.
I confirm that I am aware that, in considering my application for membership of the Institute, the Institute shall be entitled to rely on the truth and accuracy of the information and supporting documentation provided by me at face value.
Notwithstanding the above, I undertake to submit the original of any document referred to or attached to my application for membership to the Institute, to the Institute’s nominated representative. Such request shall be at the sole discretion of the Institute or its nominated representative.
I further confirm that I am aware of the fact, and I hereby irrevocable consent to and authorize the Institute, or its nominated representative, to, at any time, conduct such background checks or verification checks as the Institute may deem necessary to verify the accuracy and/or correctness of any information and/or supporting documentation submitted by me to the Institute in my application for membership.
I hereby irrevocably consent to and authorize and hold harmless, without limitation, any entity and/or organization, 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 the Institute or its nominated representative to verify the accuracy and correctness of any information and/or documentation provided to the Institute by me in my application for membership.
I confirm that I am aware of the fact that, should any of the information and/or supporting documentation provided by me prove to be inaccurate and/or false and/or misleading, I may be subject to disciplinary sanction including, but not necessarily limited to:
- Immediate termination or suspension of membership of the Institute;
- Civil and/or criminal prosecution;
- Reporting to relevant authorities and/or alternative Institute’s; and
- Publication of details on the Institutes’ website.
I further accept that I may be held liable for a handling fee of up to R4 000-00 (Four Thousand Rand) with regard to any false and/or inaccurate and/or misleading and/or incomplete application together with all costs incurred by the Institute in verifying the correctness of any information and/or supporting document submitted by me in my application for membership. Said handling fee and costs shall be due and payable on demand.
I confirm and accept that, in the event of non-payment by me, that I may be listed with a credit agency.
I hereby nominate the physical, postal, fax and e-mail particulars provided by me in my application for membership as my domicilium,any of which may be used by the Institute for purposes of any communication, document or legal action arising.
I confirm that I will update my contact details with the Institute including email, postal, physical, telephone and cellphone details within 20 calendar days of any changes.
10. Debit Order Payment
This authorization may only be withdrawn with 30 (thirty) days written notice to SAIBA at its physical address
I and/or the Member, individually and collectively hold harmless SAIBA against any claim of any nature arising from the electronic debit or transfer or from any other cause following this authorization and irrespective whether such authorization had been withdrawn or not;
In the event of the relevant account not having sufficient cleared funds to meet any debit, I am aware that an unpaid fee will be debited against the Member’s account by its bank and an additional unpaid fee of will be charged by SAIBA relating to the return of the debit. I accept the responsibility to ensure sufficient cleared and available funds to the minimum of the limit above (or as amended from time to time).
Any reference to the entities above includes a reference to any successor in title or in appointment;
This authorization is not an amendment to any specific arrangement regarding payment of accounts and serves merely as an arrangement as the method of payment, in part or in full and any account with SAIBA will only to be credited once actual payment is received by SAIBA , and
Should any dispute arise about SAIBA’s right to collect any amount in terms hereof, the Member shall have the onus to instruct his bank to refuse or return any debit as unpaid
An SMS will be sent to the cellphone number as specified in this authorization containing your One Time Pin (OTP). I have to insert this OTP on this website as proof that I accept the terms and conditions.
I authorize SAIBA to use my OTP as my electronic signature authorizing SAIBA to deduct relevant amounts via debit order.
I acknowledge that debit order applications will only be accepted up until 20 days after invoice date.
I agree that debit order payments will be deducted on the following dates if I fall under the July invoice run: 31 July, 31 August, 30 September, 31 October, 30 November, 31 December; and if I fall under the January invoice run: 31 January, 28 February, 31 March, 30 April, 31 May, 30 June.
If I fail to pay the required monthly amount or the debit order is unsuccessful, my debit order agreement with SAIBA will be cancelled and I will become immediately liable for the full membership fee outstanding at that date.
I must use the OTP I received VIA SMS to authorize the debit order. I take note that by entering this OTP I agree and bind myself to the Terms of Debit order as stated above.
11. CPD subscriptions
By accepting this terms of reference, you are agreeing to subscribe to this service for at least 12 months. You will be invoiced on a monthly basis. This agreement is similar to a “lease agreement” as you are liable for the full 12 months contract fee invoiced monthly. The total amount that will be paid by you is displayed on your invoice.
You will be charged immediately for the first month when making the purchase and then on the first day of each subsequent month for the next 11 months. Is is your responsibility to make payments before the 7th of every month.
If you fall in arrears or stop paying for whatever reasons you agree to pay the full outstanding amount immediately.
This contract is for a 12 month period and can only be cancelled once your first 12 month period has lapsed. Your subscription will be automatically renewed annually unless cancelled by you.
SAIBA reserves the right to cancel the contract at any time without prior notice.
If the subscriber has opted for the ‘Bill Me’ method of payment, he/she will receive an invoice for the annual amount, the full annual amount will then be payable immediately
SAIBA has the sole desecration in determining the content of your CPD Subscription which will be communicated on the website.
SAIBA promotes the CPD Subscription and accepts registrations within the SAIBA online event platform. All products i.e. events and articles as specified under point 5 are managed and administrated by the suppliers.
All event communication related to bookkings, cancellations, substitutions, obtaining a DVD or online webinar should be address directly with the suppliers.
SAIBA accepts no responsibility or liability for the content and quality of the products listed under point 5. These products does not originate from SAIBA and we have no control over their composition or accuracy.
You have purchased a CPD Subscription as offered by SAIBA.
You are required to register for each event that forms part of the CPD Subscription. If you do not register for each event you will not be able to attend the event and will still be liable to pay the monthly subscription amount.
Recordings of all events included with your CPD subscription will be available online as long as you have an active CPD subscription.
A link or information on how to access the technical articles will be provided to you by the suppliers.
Once you have registered for the event the suppliers will contact you via email and inform you of the venue or online webinar link.
If you registered but do not attend you will be fined a penalty of R500 per event. You will still be liable for the monthly subscription payments.
It is the responsibility of the subscriber to register for each seminar at least a week in advance so that we can alert the venue to our expected delegate numbers and to accommodate any dietary requirements. If the subscriber does not register and attend, a DVD recording of the event and CPD assessment will automatically be sent.
A penalty of R500 will be levied on subscribers turning up without having registered and for registering and not attending without prior cancellation. At least 48 (forty-eight) hours’ notice must be given.
We cannot guarantee that every seminar will be hosted at all venues and if the subscriber is unable to attend an event or it is not available in his/her area, he/she has the option of attending a live webinar. If the date of the webinar is not convenient, then a DVD recording of the event and CPD assessment will be sent.
If an event in the subscriber’s area for which he/she has registered is cancelled, then the recording will automatically be available online of the event, unless the subscriber wishes to attend the event in another area, in which case he/she must notify us in writing by emailing email@example.com at least 3 (three) days prior to the event taking place.
CPD Subscribers are also subject to the Terms and Conditions for events as determined by the suppliers.
12. CPD Subscription and all other events
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, individuals shall be entitled to cancel this agreement without reason or penalty within 7 (seven) days after the date of the booking.
If the cooling-off period under clause 18.1 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 five (5) business days after the date of the booking by writing and submitting a detailed explanation, with full contact details to firstname.lastname@example.org.
Individuals wishing to cancel a booking must send a written cancellation notice. Name and contact details appear under the Contact Details. Telephonic cancellations will not be accepted.
A cancellation fee of R500 shall be levied on all cancellations received between 10 (ten) and 4 (four) working days prior to the date of an Event. R950 is payable if a cancellation is received within 3 (three) working days prior to the event.
Delegates who have booked for an event but fail to cancel, or transfer (in accordance with 20. below) or substitute (in accordance with 21. below) a booking shall remain liable for the booking.
No cancellation fee shall be levied on cancellation of a booking for reasons of death or hospitalisation.
On cancellation of a booking, the Delegate will be provided with an event DVD or online link to recorded webinar.
Individuals are entitled to substitute bookings that have been confirmed. Only written substitution requests will be considered. Telephonic requests for substitution will not be accepted. Request shall be made to the suppliers or organisers.
A request for substituting an individual for another must be submitted to the suppliers or organisers in writing 24 (twenty four) hours before the date of the Event. No late substitution requests will be considered. Requests for substitution must be sent to the person whose name and contact details appear in the Contact Details section below.
Non-members who substitute a member will be liable for the difference between the member Event fee and non-member Event fee.
Requests for the transfer of a booking to a different Event venue or Event date or different Event (‘Transfer’) shall be made in writing to organisers. Requests for Transfers must be made to the person whose name and contact details appear in the Contact Details section below. Telephonic transfers will not be accepted.
No charges will be levied for a Transfer unless a request for a Transfer is received 15 (fifteen) working days after the first booking, in which case an administration fee of 25% of the Event fee shall be charged.
Transfer requests received within 3 (three) working days prior to the Event date shall be subject to a charge amounting to 50% (fifty percent) of the Event fee. Thereafter no transfer requests will be accepted.
Limitation of Liability
To the extent allowed by law, SAIBA and/or the suppliers shall not be liable to any person whatsoever in respect of any loss or damage caused by or arising from any fact or circumstance beyond the reasonable control of SAIBA and/or the suppliers, or which is consequential or incidental or damage of whatever nature and howsoever arising from or in connection with any booking.
To the extent allowed by law, SAIBA and/or the suppliers liability shall in any event and under all circumstances be limited to the refund of the Event fee or its equivalent.
13. Exclusion of liability and Indemnity
SAIBA, its affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the website or any linked websites, even if SAIBA has been advised of the possibility of such loss, expense, claim or damages.
You hereby indemnify SAIBA, its affiliates, subsidiaries, employees, servants and agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from your use of this website.
14. Intellectual Property Rights
The contents of this website, including (without limitation) any software, icons, text, links, graphics, images, illustrations, designs, photographs, video clips, sound clips, button icons, advertisements, lay out, arrangements, graphical user interface, look and feel, control features, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of SAIBA and/or other licensed to SAIBA.
Any unauthorised modification, copying, reproducing, republishing, framing, uploading to third parties, transmitting, distributing or using the contents, information or materials on this website, except as expressly provided in these Terms and Conditions or applicable intellectual property laws, is strictly prohibited.
15. Links to and from this website
To the extent that the SAIBA website contains links to outside services and resources, SAIBA does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
SAIBA, its affiliates, subsidiaries, employees, servants and/or agents does not endorse and are not responsible or liable for the contents, maintenance of, or activities conducted on, any website to which this website provides a link.
Despite the fact that this website may refer to or provide links to other websites, your use of such other websites is entirely at your own risk and SAIBA is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained in such other websites.
You are not permitted to “deep link” to this website or to “frame” any part of this website, without the written permission of SAIBA.
16. Member Account
If you register as a SAIBA user, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify SAIBA of any unauthorised use of your username and password or any other breach of security.
17. E-mail and public communication
“Forum” means letters, e-mails or other types of communications to the editors, Webmaster(s) or employees of SAIBA, and messages posted in connection with the SAIBA discussion forum. You shall not upload to, distribute through, or otherwise publish through a Forum on this website or any other SAIBA website any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a non-commercial manner. You shall not, without our express 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 guests of the SAIBA website to join or become members of any commercial online or offline service or other organisation is expressly prohibited.
Therefore, subject to the terms of the law, 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 SAIBA website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:
- comply with the law;
- protect and defend the legitimate business interests, rights or property of SAIBA, it’s users, advertisers, customers, sponsors, advertisers or affiliates;
- in an emergency to protect the personal safety of our guests or the public.
Users shall remain solely responsible for the content of their communications SAIBA has the right but not the obligation to monitor and edit or remove any Forum communications and content.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us 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.
SAIBA shall terminate the Terms and Conditions immediately without notice if, within SAIBA’s sole discretion, you fail to comply with any term or provision of the Terms and Conditions.
Upon termination, you must destroy all materials obtained from the SAIBA website and all copies thereof, whether made under these Terms and Conditions or otherwise.
SAIBA may take such further action as SAIBA may determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and SAIBA shall not be liable for any damages of any nature suffered by any customer, user or any third party resulting in whole or in part from SAIBA’s exercise of its rights under these Terms and Conditions.
20. Governing Law & Jurisdiction
These Terms and Conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.
If any one or more of the provisions of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these Terms and Conditions will not be affected thereby and shall continue in full force and affect.