| 1. | Description of Services |
| 1.1. | ProBeta Training (Pty) Ltd (hereinafter “ProBeta”) provides you with access to a web-based Continuing Professional Development (hereinafter “CPD”) Reporting service with the ability to: |
| 1.1.1. | create a unique, individual, natural person CPD Reporting Profile using your identity number; |
| 1.1.2. | add annual Year Reports for recording CPD activity pertaining to the Planning, Action and Reflective phases, respectively; and |
| 1.1.3. | generate a report of your recorded CPD activity to date. |
| 1.2. | Hereinafter, this service and its capabilities are collectively referred to as "the Services". |
| 1.3 | The Services may be updated, enhanced, have new features added or existing features removed without notice. ProBeta will, however, endeavour to inform you, the user, of any changes to features and / or the Services as envisaged. |
| 2. | Disclaimer |
| 2.1. | ProBeta, does not guarantee the availability of the Services offered on this website or the accuracy of the information on this website. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the Services and/or the information contained on this website, and the Services are thus used at your own risk. In particular, we make no warrantee that the Services will meet your requirements, be uninterrupted, timely, and secure or error free. |
| 3. | Indemnification |
| 3.1. | You, the user, accordingly indemnify and hold us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Services offered on this website, or the use of the information available on this website. |
| 4. | Use of Services |
| 4.1. | You may only use the Services for lawful purposes, and you agree that you shall not: |
| 4.1.1. | Other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website. |
| 4.1.2. | Intend to gain financially from use, rental or distribution of the intellectual property embodied in the website and / or the Services. |
| 5. | Privacy |
| 5.1. | Your name and details, which are supplied to us when registering for the Services, will not automatically be made available to anyone externally. We nevertheless reserve the right to make information available to the regulators or authorities if required by court order or law. |
| 5.2. | We will not sell or rent any personally identifiable information about you to any third party. |
| 5.3. | Monitoring or recording of your registration details may take place for business purposes to the extent permitted by law, such as for example to suggest training offerings provided by ProBeta that may aid you in addressing your self-identified development needs. |
| 5.4. | You must notify ProBeta immediately should any of your personal details change by updating your details on your CPD Reporting Profile. |
| 6. | Password |
| 6.1. | You shall keep your password secure and ensure that no other person shall use the Services utilising your password. You shall acknowledge further that you are responsible for ensuring that no unauthorised access to the Services is obtained using your password, and that you will be liable for all such activities pursuant to authorised or unauthorised use. |
| 7. | Termination and Variation |
| 7.1. | We reserve the right to terminate the Services to you, or to the public in general, however this must be done with notice or reason. |
| 7.2. | We reserve the right to revise these terms and conditions at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. |
| 7.3. | The obligation therefore is on you to review these terms and conditions on a regular basis. |
| 7.4. | These terms and conditions will be governed in accordance with the laws of South Africa. |
| 7.5. | These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions. |
| 7.6. | ProBeta’s failure to exercise any rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing. |
| 7.8. | These terms and conditions constitute an agreement between yourself and ProBeta. |
| 8. | Registration for the Services |
| 8.1. | Registration of a CPD Reporting Profile (hereinafter “Profile”) is required before you can make use of the Services. Registration requires the creation of a ProBeta debtor account which can be applied for, for an entire firm or organisation and / or on an individual basis. The creation of a ProBeta debtor account leads to the allocation of a debtor account number which is to be used when registering for a Profile. Therefore, several users may make use of a single debtor account number for registration of an individual Profile, to use the Services. |
| 8.2. | Registration for the Services is to be done by you on an individual basis. It is imperative to note that recorded CPD activity is unique to an individual, hence Profiles are to be created per individual using your unique Identity Number or Passport Number. |
| 8.3. | To emphasise the imperative nature of individual registration, the professional bodies, e.g. IRBA or SAICA, may require of you to submit your individual CPD Report detailing CPD activity, hence it is impermissible and impracticable to use one CPD Report for a group of individuals or an entire firm or organisation. |
| 9. | Fees, Subscription, Payment and Termination |
| 9.1. | Subscription fees are charged per selected period, per individual user Profile. Should you wish to register multiple Profiles under a single ProBeta debtor account, the monthly fee will still be charged per person, and will be charged to the corresponding ProBeta debtor account for settlement. |
| 9.2. | Invoicing takes place per selected period, in advance, on the 1st of every subscribed-for per selected period. For new registrations, invoicing will take place shortly after registration, likely within hours / days, and then, thereafter normal period invoicing will apply per the first sentence of clause 9.2. |
| 9.3. | Period subscription fees are payable at the beginning of each subscribed-for per selected period. For new registrations, the selected period subscription fee for the first subscribed-for selected period becomes payable upon receipt of invoice, and then, thereafter normal period subscription fees are payable at the beginning of each subscribed-for period. |
| 9.4. | Defining a default on payment of a selected period subscription fee: An invoice is issued on the 1st of a subscribed-for the period, which requires settlement before the 1st of the next calendar period – if payment is not received by the 1st of that next calendar period, it will constitute a default. |
| 9.5. | Default on period subscription fees will result in an automatic deregistration of your and any Profile related to the defaulting ProBeta debtor account. ProBeta debtor account holders will be notified of the impending deregistration. It is at ProBeta’s sole discretion to waive the right to uphold automatic deregistration, when a default occurs as envisaged. |
| 9.6. | Should your firm or organisation, that is linked to a single ProBeta debtor account, default on period subscription fees, and if you, as an individual user, wish to continue using your individual Profile, you may notify ProBeta of your intention to continue using the Services. You can, therefore, request to create your own ProBeta debtor account and continue your subscription. |
| 9.7. | Users are expressly prohibited from using one Profile to generate CPD Reports for multiple individuals. |
| 9.8. | Upon termination of your subscription either by you, your firm or organisation, through default on payment, or by ProBeta, a CPD Report of your recorded CPD activity up to date of termination will be made available to you. After this, all access to the website and / or the Services will be denied, and your registered Profile will be permanently deleted. Consequently, your registered CPD Profile and Year Reports detailing all recorded CPD activity will be permanently removed and remain unrecoverable. Should you wish to make use of the Services again, a new registration is required with payment of applicable monthly subscription fees, and a new CPD Profile and Year Reports will need to be created from scratch. |
| 9.9. | Any outstanding fees are to be settled immediately after termination of the Services. |
| 10. | Accuracy of Information |
| 10.1. | You, individually, are responsible for ensuring that all recorded information documented as your CPD activity is both accurate and complete. |
| 10.2. | You are to ensure that you not only document accurately but carry out any literal CPD activity as you have documented to undertake, and see to it that your reported CPD activity is documented thoroughly and completely through each phase as applicable, including Planning, Action and Reflective phases, respectively. |
| 10.3. | ProBeta in its capacity as a provider of third-party services, acts solely to make available, a web based CPD Reporting Service. ProBeta takes no responsibility for the accuracy and completeness of information that is provided by you, the individual user, in relation to your CPD Reporting Profile as well as your documented or purported but undocumented CPD activity. |
| 10.4. | It is therefore imperative that you familiarise yourself with the CPD reporting requirements related to the professional body that you are registered with, to ensure that you comply with all their requirements. ProBeta takes no responsibility for ensuring that you comply with each professional bodies’ CPD reporting requirements, this remains the user’s responsibility. |
| 10.5. | Any penalties or punitive action instituted by regulators, professional bodies or any other party, for e.g. SAICA or IRBA, against you, the user, for any reasons, including wilful or negligent non-compliance of a professional body’s CPD reporting requirements, remains the sole responsibility of you, the user, both for the liability thereof and the rectification of any non-compliance. |
| 10.6. | Any reference to supporting documentation or any information recorded by you, that is extracted from an external or separate supporting document(s), as part of documenting your CPD activity, is to be safely and securely retained by you, for later use, as and when required by regulators, professional bodies or authorities. No supporting documentation is to be attached to your CPD Report via the CPD Reporting website but is to instead be safely stored away by the user. No specific period of prescription for supporting documentation is advised by ProBeta, therefore store supporting documentation away for later use at your own discretion or in consequence of the requirements of your registered professional body. ProBeta will not be held responsible for any documented CPD activity that cannot be substantiated by supporting documentation, as storage thereof is your, the user’s, sole responsibility. |
| 10.7. | If any documented information in the form of registered Profile details, created CPD Annual Plans and their content or any other personally furnished information, is deleted, lost or unsaved by you, the user, either intentionally or through negligence (e.g. not regularly saving your input during completion), ProBeta takes no responsibility for deleted, lost or unsaved information. Consequently, ProBeta will not be able to recover deleted, lost or unsaved information. |
| 11. | Trial Period |
| 11.1. | The trial period runs from 10 February 2020 to 29 February 2020. |
| 11.2. | All CPD profiles registered during the trial period will not be billed for the month of February 2020. |
| 11.3. | Trial period access will allow you to roam freely, create your own personal profile, document a dummy development plan, tackle a self-assessment quiz, explore the options for taking action, and round off your plan by completing a mock reflection. |
| 11.4. | NOTE: If you no longer wish to continue making use of the CPD Reporting platform and the Services after the trial period ending on 29 February 2020, you are required to manually deregister by selecting to “Unsubscribe” via the CPD Reporting platform. |
| 11.5. | PLEASE NOTE: If your Profile is not deregistered by you manually unsubscribing through the CPD Reporting platform – refer Demonstration Video or How to Guide for how to unsubscribe – you will be treated as continuing as a monthly subscriber to the Services, and in consequence, be automatically billed on a month-to-month basis starting 1 March 2020, up until the point you manually unsubscribe. |
