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This webpage contains the full terms and conditions of service of the KZN Photo Academy as

well as our PAIA Manual.


The terms of service document is available in a printed form by request and is also available, on request, in the following alternative official language of the Republic of South Africa: Afrikaans

TERMS OF SERVICE: KZN PHOTO ACADEMY

1. This document sets out the basis upon which the professional services related to tuition in photography and related aspects are provided by the KZN Photo Academy and its staff.

2. Attendance at lectures/tuition sessions by on-campus students will be deemed to be an acceptance of these terms and constitute an agreement by the candidate/delegate to be bound by these terms.

3. The the return of coursework assignments and/or the making of requests to receive the next module of coursework/notes by distance learning candidates will be deemed to be an acceptance of these terms and constitute an agreement by the candidate to be bound by these terms.

4. SOLE REMEDY THROUGH MEDIATION

4.1. Attendance at any professional service sessions and/or the return of work assignments or request for additional course modules will furthermore be an acceptance by the delegate/student concerned that the resolution of any disputes arising between any delegate/student and the KZN Photo Academy regarding the interpretation and application of these terms and conditions, or for any dispute flowing from the provision of professional services by the KN Photo Academy, will be by means of mediation only and that the cost of such mediation will be borne equally by any parties to such mediation with the mediator to be appointed from the ranks of professional mediators as determined by the Mediation Company and/or an alternate entity  appointed at the sole discretion of the KZN Photo Academy and that the mediation will be held in Hillcrest, KwaZulu-Natal, Republic of South Africa.

5. FEES

    1. All professional service fees are due in full on booking of any tuition course via EFT or cash deposit to the account detailed on invoices.
    2. No refunds granted for non-attendance/completion once booked and paid but the following concessions may be granted in exceptional circumstances for courses run at the academy and/or for private lessons:
    3. If you cannot start on the date you booked, you may move your booking to another group and/or starting date.
    4. If you cannot finish a course in full, for whatever reason, you may, on written request move the balance of your sessions to another similar course run by the academy.
    5. If doing an online course, you may complete the modules at your own convenience but if you do not complete the course, then there can be no claim for a full or partial refund.
  1. SUPPORT

6.1. All course attendees/delegates/subscribers will be provided a helpline contact number and e-mail address for the on-going mentoring programme to ask questions regarding clarification of concepts, request assistance with settings or any other aspect of their photography or to arrange or book additional tuition sessions.

6.2. The mentoring facility is for the sole use of the person enrolled on the course only and facilities/assistance may be withdrawn from the attendee if the academy becomes aware that improper use is being made of the mentoring programme or in cases where fees are outstanding.

  1. ACCEPTANCE AND ENROLMENT FOR COURSES

7.1. Full-time certificate students are limited to 2 per course and an interview is required for acceptance of booking. In addition, a deposit of R5000 is payable towards tuition fees with a written commitment on payment of the balance of the fees prior to the course starting.

7.2. Distance learning and other candidates are accepted after completion of enrolment which involves providing relevant contact details, a unique access code to unlock tutorial materials and receipt by the KZN Photo Academy of payment of the applicable professional service fee in full.

  1. BASIS OF TUITION AND ATTENDANCE
  2. 8.1. All services provided by the KZN Photo Academy are on a best effort basis and involve one or more of the following either singly or in combination - The provision of time-based professional services, the disclosure of intellectual property or information in a printed/visual form but not the delivery of any tangible product.

    8.2. Any and all the printed materials given or provided to students/delegates are in addition and in support of the professional services and they are not an integral or guaranteed part thereof.

    8.3. The application and cognitive understanding of the professional services and concepts conveyed as a result of these services is beyond the direct control of the academy and its staff, thus the benefit obtained from the services is wholly beyond the control or influence of the KZN Photo Academy and its staff and as such, no guarantee can or will be provided as to any improvement in photographic results to be obtained, progress to be made in understanding of concepts or the ability of the delegate to benefit from the concepts taught.

    8.4. Any and all results obtained in respect of understanding will, by the very nature of education processes, vary from student/delegate to student/delegate and are dependent upon the skill and dedication of the student/delegate attending the tuition sessions/doing the course and attendance at tuition sessions (or use of the online material) is a demonstration and proof of your understanding and acceptance of this circumstance and that no claim may be made against the KZN Photo Academy and/or its staff or owners for any alleged lack of benefit derived from attendance/enrolment in any course.

    8.5. As the service of the academy is primarily that of a professional service provider and involves the transfer of intellectual property, it cannot be recovered or returned once given and received, there can, therefore, be no refund or return on service fees paid once the professional services have been provided.

    8.6. Attendance at tuition periods/courses/opening and use of online materials is an indication and acceptance of the fact that the sole remedy for any inability of a customer to obtain an improvement in their photography is limited to the provision of follow-up consultation sessions with tutors as may be needed for a reasonable period and to the same level of proficiency as the original training session in order to review the training material until it is understood.

    8.7. Any assignment material/portfolios handed in or sent to the KZN Photo Academy are filed with the student record card and are not returned in the normal course of events.

    8.8. Copyright in all support materials, notes, oral and visual teaching techniques, methodologies and other intellectual property of the KZN Photo Academy and its staff is strictly reserved and no reproduction or use may be made thereof other than agreed to by the KZN Photo Academy in writing or as provided for in any additional licence terms and conditions incorporated with such materials.

  3. PRACTICAL MENTORING
  4. 9.1. Delegates enrolled in courses where practical mentoring/support is offered such as (but not limited to) Wedding, Studio, Portrait and Certificate courses, are offered the facility to request that a tutor provide professional services of a support and consultancy nature off-campus during any assignment booked by such delegate/student.

    9.2. As the Academy and its staff do not arrange or book assignments or work contracts for delegates/students, the offer of support at a delegate/student's assignment does not constitute an offer or guarantee of any such support assignment being available and/or arranged and the responsibility for booking such assignments is solely that of the delegate/student.

    9.3. The offer of professional services at an off-campus assignment is an added-value component of the services of the KZN Photo Academy and is not an integral part of the tuition programme of any course/workshop offering of the KZN Photo Academy and it does not form any part of the costing basis of any course/programme/workshop.

    9.4. Where the support services are requested beyond a radius of 30km from Hillcrest, KwaZulu-Natal, the cost and responsibility for arrangements for transport and accommodation (if an overnight stay is unavoidable) for the tutor allocated is that of the delegate/student requesting same and will not be borne by the KZN Photo Academy and where such arrangements and costs have not been covered, the KZN Photo Academy will not guarantee the provision of a tutor at the assignment/booking requested.

  5. HEADINGS FOR CONVENIENCE
  6. The formatting and layout of these terms has been undertaken for purposes of making the document easier to read and thus the headings and other aspects are for convenience only and are not to be interpreted otherwise.

  7. CONTRACTING PARTIES AND ADDRESS

11.1 The contracting party receiving professional services from the KZN Photo Academy will be deemed to be the student/delegate attending the professional service sessions and/or the person to whom distance learning materials are sent and encoded and/or the legal guardian of same and no arrangements, negotiations and/or requests for amendments to services, booked sessions or follow ups will be negotiated or discussed other than with such party and all such requests, discussions and/or amendments or variations will only be entertained if in writing.

11.2. The contracting party on behalf of the KZN Photo Academy is The KZN Academy Trust, (for the purposes of the CPA a sole trader) trading in the style of KZN Photo Academy, Suite 19, Private Bag X7005, Hillcrest, 3650 and having its office address for receipt of documents at 5B, Hillgate Centre, 36-38 Old Main Road, Hillcrest, 3650, Durban, Natal, South Africa and its website address as www.kznphotoacademy.co.za


NOTICE IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT (PAIA) AND THE ELECTRONIC

COMMUNICATIONS AND TRANSACTIONS ACT

1. The KZN Photo Academy has in its records various forms of data and information.

2. In the normal course of its operations it requests and receives various items of personally identifiable information about students/delegates that have or do attend lectures/classes at its facilities and/or who are requesting professional services from it in order to deliver/provide such requested professional services.

3. The information so collected is retained on secure servers seperate from its web server systems and such information is only used to communicate with, and to provide requested services to, students/delegates who have provided such information for use in connection with the provision of tuition services.

4. The information retained is regarded as privileged and confidential and will not be made available to or accessible to third parties under any circumstances whatsoever save where a lawfully obtained High Court order, made by a competently appointed member of the Judiciary of the Republic of South Africa in terms of law, is served upon the KZN Photo Academy and, in such cases, the subject of the information will be informed by the KZN Photo Academy of any such order for their information having been served save where the terms of the order specifically prohibit the KZN Photo Academy from so informing the subject of the information being requested.

5. Any person who feels that they require disclosure of information about themselves that may be held by the KZN Photo Academy in order to secure any right guaranteed to them in terms of the Republic of South Africa Constitution Act of 1996, may make a written request to the KZN Photo Academy for such disclosure in terms of the following PAIA Manual:

PROMOTION OF ACCESS TO INFORMATION ACT

MANUAL OF A PRIVATE BODY

This manual has been prepared and made available in accordance with section 51 of the Promotion of Access to Information Act (Act 2 of 2000) ("the Act")

The KZN Photo Academy (The Academy) is a private entity that conducts business as a training institution in regard to digital photography and related skills.

Contact Details

M D Young, the PAIA contact person of the Academy, has been appointed the head of The Academy in relation to matters associated with the Act, and requests for access to information in terms of the Act must be made to him via or at:

Postal address: Suite 19, Private Bag X7005, Hillcrest, 3650.
Physical address: 5B Hillgate Centre, 36-38 Old Main Road, Hillcrest, 3650.
Fax: +27 86 545 0107
email:  i  n  f  o  < a t > k  z  n  p  h  o  t  o  a  c  a  d  e  m  y  < d o t >  c  o  < d o t >  z  a
website: www.kznphotoacademy.co.za

The guide

The South African Human Rights Commission is required, in terms of the Act, to publish a guide explaining the Act and its use. Should you have any queries regarding the guide, please direct them to:

The South African Human Rights Commission
The Research and Documentation Unit
Postal address: Private Bag X2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
email: p a  i a @ s a h r c. c o. z a
website: www.sahrc.org.za

Notice in terms of section 52(2)

No such notice has been published

Records that are available in terms of other legislation

The following records are available in terms of legislation other than the Act:

Information held

The Academy holds information relating to the following subjects:

Information that will not be made available includes:

Procedure to request information

In order to request information from The Academy which you believe you require inorder to enforce your rights as epr the provisions of the PAIA legislation, please use the prescribed form which can be found at either of the following websites: www.sahrc.org.za or www.doj.gov.za. Please ensure that your request:

Once the form is completed, please submit it to us via registered mail, together with the prescribed fee. (These fees are set out at www.doj.gov.za).

The Academy will notify you of its decision once it has been made. Please note that there are instances in which The Academy may refuse to grant you access to the record, in terms of the Act.

If The Academy does grant your request, you will be charged an additional fee for the access (at R2.00 per printed page provided to you).

Other information required by regulation

No regulations have been made in this regard.

Availability of this manual

This manual is available on our website www.kznphotoacademy.co.za, at our offices and from the South African Human Rights Commission. If you require a copy of the manual, it will be provided at the prescribed fee.

We will update this manual from time to time, as and when it becomes necessary to do so.