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Section 01

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Section 05

Terms and Conditions
DRONE SAFETY AND LEGAL (PTY) LTD (“DSL”) TRAINING SERVICE LEVEL TERMS AND CONDITIONS (“TERMS AND CONDITIONS”)

THESE TERMS AND CONDITIONS ARE EFFECTIVE AS OF 1 SEPTEMBER 2020

“EFFECTIVE DATE”.

READ THE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING USE OF DSL’S TRAINING SERVICES. A STUDENT’S ACCEPTANCE OF THE TERMS AND CONDITIONS INDICATES THAT A STUDENT HAS BOTH READ AND ACCEPTED THE TERMS AND CONDITIONS. A STUDENT CANNOT MAKE USE OF THE TRAINING IF THEY DO NOT ACCEPT THE TERMS AND CONDITIONS. ALL SECTIONS OF THE TERMS AND

CONDITIONS ARE APPLICABLE TO THE STUDENT.
1. INTRODUCTION
  
  DSL offers RPL and other related training Courses to Students looking to obtain a drone license. The Student appoints DSL to render the Training as recorded herein below.
  
  DSL and the Student have reached agreement on the manner in which the Training will be regulated, which are recorded in these Terms and Conditions, to which the Student, by clicking the “I Agree” or similar button or check box presented with these Terms andconditions, agrees to be bound by same.
  
  By entering into these Terms and Conditions, the Student acknowledges that he/she has read through, understands, and as such, agrees to be bound by:
  
  DSL’s website Terms of Service located here: http://www.dronesafetylegal.com/;
  
  DSL’s website Privacy Policy as made available from time to time.
2. INTERPRETING THE TERMS AND CONDITIONS
  
  These Terms and Conditions contain a number of words and phrases which have specific meanings denoted by such words being capitalised.
  
  In these Terms and Conditions, headings are for convenience only and are not intended to be used to interpret the Terms and Conditions.
  
  If the Terms and Conditions refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms and Conditions will also be applicable to, and binding on, that party’s liquidator or trustee, as the case may be.
  
  Unless these Terms and Conditions indicate to the contrary, any references to any gender includes the other gender, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
  
  The contra proferentem rule, or rule of construction that these Terms and Conditions shall be interpreted against the Party responsible for the drafting or preparation of these Terms and Conditions, shall not apply.
  
  Where in these Terms and Conditions, provision is made for the Parties (or either of them) to agree on or grant approval in respect of any matter, such agreement or approval shall only be valid and binding on the Parties thereto if reduced to writing and signed by the duly authorised representative of such Parties.
  
  The use of the word "including" followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.
  
  Where these Terms and Conditions specify any number of days, the number of days excludes the first day and includes the last day, unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
  
  Any reference to "business hours" shall be construed as being between Monday to Friday from 08h00 to 17h00 the normal working hours. Any reference to time shall be based upon South African Standard Time.
  
  All annexures, addenda and amendments to these Terms and Conditions, form an integral part of the Terms and Conditions and, therefore, DSL’s contract with the Student.
  
  The words and phrases in the definitions sections, below, bear the meanings assigned to them and related expressions bear corresponding meanings.
3. INTERPRETATION
  
  In these Terms and Conditions
  
  clause headings are for the convenience and are not to be used in its interpretation;
  
  unless the context indicates a contrary intention, an expression which denotes:
  
  any gender includes the other gender;
  
  a natural person includes a juristic person and vice versa;
  
  the singular includes the plural and vice versa;
  
  the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
  
  “Commencement Date” means the date upon which the Student hereby accepts these Terms and Conditions;
  
  “Confidential Information” means any information received by one Party from the other Party and is marked as confidential or a similar notice (if disclosed in writing or a tangible form), identified as confidential (if disclosed verbally) or should reasonably be treated as confidential under the context in which such disclosure was made.
  
  Confidential Information shall not include information that the Party receiving the information can demonstrate:
  
  is lawfully in the public domain at the time of disclosure thereof;
  
  subsequently becomes lawfully part of the public domain by publication or otherwise;
  
  is or becomes available to the Party receiving such information from a source other than the Party revealing the information, which source was lawfully entitled without any restriction on disclosure to disclose such information to a third party.
  
  The Party receiving the Confidential Information will:
  
  safeguard Confidential Information with the same degree of care as it exercises with its own Confidential Information, but no less than reasonable care;
  
  not disclose any Confidential Information to third parties; and
  
  will use the other Party’s Confidential Information solely in the exercise of the rights and obligations under these Terms and Conditions and for no other purpose.
  
  The Party so receiving the Confidential Information may disclose same only pursuant to a requirement or request by operation of law, regulation or court order, but then only to the extent so disclosed and then only in the specific instance and under the specific circumstances in which it is obliged to be disclosed.
  
  “Course” means any specific training programme offered by DSL to the Student for the purposes of obtaining a drone or other related remotely piloted aircraft system accreditations
  
  “Course” means any specific training programme offered by DSL to the Student for the purposes of obtaining a drone or other related remotely piloted aircraft system accreditations
  
  “DSL” means Drone Safety and Legal, a private company, duly registered in accordance with the company laws of the Republic of South Africa, with Registration Number: 2013/200608/07, and carrying on business at 220 Cedar Road, Broadacres, Johannesburg, Gauteng, 2021, South Africa, hello@dronesafetylegal.com;
  
  “Fees” means the total amount as payable by the Student to DSL in respect of the Training rendered, in accordance with the pricing detailed on DSL’s website at www.dronesafetylegal.com and/or the pricing obtained by the Student when requesting a quotation to the following email address hello@dronesafetylegal.com. The Student shall make payment in accordance with the Payment Terms;
  
  “Intellectual Property” means the expression and/or representation of an intellectual and/or creative process and includes, but is not limited to, any text, images, data, multimedia, ideas, source code, concepts, know how, data processing techniques, copyrights, trademarks, logos, patents, designs, inventions;
  
  “Interruption Event” means theft, strike, lock-out, load shedding, blackout, fire, explosion, flood, riot, war, accident, act of nature, epidemic, pandemic embargo, legislation, civil commotion, unrest or disturbances, cessation of labour, server downtime, government interference or control, or any other cause or contingency beyond the reasonable control of the Party concerned;
  
  “Interrupted Party” means a Party prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Terms and Conditions by reason of an Interruption Event;
  
  “Losses” means all losses (including, but not limited to, those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
  
  “Parties” means DSL and the Student (“Party” shall have a corresponding meaning);
  
  “Payment Terms” means the manner in which the Fees shall be paid to DSL by the Student as specified www.dronesafetylegal.com;
  
  “RPL” means Remote Pilot’s License;
  
  “SAACA” means South African Civil Aviation Authority;
  
  “Student” shall mean the individual who has accepted these Terms and Conditions and who intends on utilising the Services offered by DSL for the purpose of obtaining his / her drone licence;
  
  “Terms and Conditions” means this Service Level Terms and Conditions together with any annexures attached hereto, which annexures shall be read as if specifically incorporated herewith;
  
  “Termination Date” means the date on which these Terms and Conditions will terminate, which shall be the latter of the date that the final payment is made or on the date that the Services are completed, whichever comes last; and
  
  “Training” means the training services comprising the RPL and/or other Courses provided by DSL to the Student;
  
  “Website” shall mean www.dronesafetylegal.com the website as owned by DSL.
4. DURATION
  
  These Terms and Conditions shall commence on the Commencement Date and terminate on the Termination Date.
5. THE TRAINING
  
  The Training as rendered by DSL to the Student shall be those recorded in the appropriate application form as submitted by the Student to DSL; and
  
  DSL shall not be required to render Training until such time as the Student has accepted these Terms and Conditions and payment of Fees has been made in full, unless as otherwise specifically agreed by DSL. In the event of the Student failing to make any payment of any Fees, DSL shall be entitled to refuse to provide the Student with any Training.
6. INTELLECTUAL PROPERTY
  
  All rights, titles and/or interest attached to or related to Intellectual Property as belonging to DSL, which shall comprise, among others, the Training, shall remain vested in DSL.
  
  All rights, titles and/or interest attached to or related to Intellectual Property as belonging to the Student shall remain vested in the Student.
7. SERVICE LEVELS
  
  DSL hereby undertakes to ensure that the standard of the Training it shall render to the Student in terms of these Terms and Conditions shall be in accordance with what is reasonably expected of a service provider of its nature and experience, and further that such Training shall be performed in a timeous manner.
8. FEES
  
  The Student shall, as consideration for the Training to be rendered by DSL in terms of these Terms and Conditions, effect payment to DSL of its Fees as detailed on DSL’s website at www.dronesafetylegal.com and/or the pricing obtained by the Student when requesting a quotation to the following email address hello@dronesafetylegal.com.
  
  All amounts due to DSL shall be made in accordance with the Payment Terms as detailed on DSL’s website at www.dronesafetylegal.com.
  
  In the event of these Terms and Conditions being renewed, DSL reserves the right to increase its costs.
  
  The Student agrees that it shall pay all of DSL’s expenses in recovering any amounts the Student owes DSL, including legal costs on the attorney and client scale, collection charges and tracing fees, and VAT thereon (if applicable).
9. CANCELLATION FEES
  
  Should the Student cancel any of its Training with DSL more than 10 (ten) days prior to the date the Training is due to commence, the Student will be liable for 30% of the Fees due and owing to DSL.
  
  Should the Student cancel any of its Training with DSL within 10 (ten) days prior to the date the Training is due to commence, the Student will be liable for 50% of the Fees due and owing to DSL.
  
  Should the Student cancel any of its Training with DSL within 5 (five) days prior to the date the Training is due to commence and / or should the Student fail to arrive for the Training, the Student will be liable for the full Fees due and owing to the DSL.
10. TRAINING DATE CHANGE FEES
  
  Should the Student elect to change the time slot of the Training, the Student will not incur any additional Fees if written notification is received by DSL within 5 (five) working days prior to the date the Training are due to commence, if all Fees have been paid in full; and
  
  Should, after attending to a Training date change in terms of clause 10.1, the Student fails to attend another Course within a 6 (six) month period, the Student shall forfeit the Fees already paid.
11. TERMS SPECIFIC TO RPL
  
  To the extent that a Student signs up for an RPL Course, the following terms and conditions will be applicable:
  
  SACAA regulations require that a Student wishing to obtain their RPL must pass a Class 3 Aviation Medical, and thus, a Student wishing to obtain an RPL is required to pass same;
  
  At the end of the RPL practical Course every Student will be required to write a skills test in order to demonstrate their practical training to a DRE. Only 1 (one) attempt at this test is covered by the Course Fees. Any further attempt(s) to write a skills test, as a result of a Student’s failure in the first round, will need to be paid for separately and is subject to a qualified DRE availability;
  
  The skills test must be completed within 90 (ninety) days of passing the final theoretical RPL examination;
  
  No RPL license will be issued to a Student by DSL until payment of all Fees have been attended to in full;
12. TERMS SPECIFIC TO RADIO LICENSE
  
  To the extent that the Student signs up for the radio license Course, shall be required to write a radio license examination at SACAA. Only one attempt at this examination is included in the Course Fees with DSL. Any further attempt(s) at this examination as a result of a Student’s failure in the first round, will need to be paid for separately.
13. GENERAL TERMS
  
  Practical Course training is weather dependent; and
  
  DSL will endeavor to provide as much of its Training during the normal working week as is reasonably possible. However, due to circumstances, including but not limited to the weather, it may be necessary to complete certain of its Training over the weekend.
14. TERMINATION
  
  Either Party to these Terms and Conditions may terminate the Terms and Conditions in accordance with clause 18.1.1 below.
  
  In addition, either Party may immediately terminate these Terms and Conditions by giving written notice to the other Party if the other Party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other Party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other Party, or in the case of the Student, if the Student materially breaches its obligations to make payment pursuant to these Terms and Conditions.
  
  If upon termination there exist any materials furnished, or Training performed by DSL for which the Student has not paid in full, then and until such time as the Student has paid DSL in full, the Student agrees not to use any such materials, in whole or in part, or the product of such Training.
  
  Upon termination of these Terms and Conditions, provided that there is no outstanding indebtedness then owing by the Student to DSL, DSL shall transfer, assign and/or make available to the Student, all property and materials in DSL’s possession or under its control belonging to the Student. In the circumstances outlined herein, the Student agrees to pay for all costs associated with the transfer of materials.
  
  Notwithstanding any of the aforegoing, either Party shall be entitled to terminate these Terms and Conditions, for any reason or no reason, by serving written notice on the other Party in accordance with the notice period specified in the application form, to the extent applicable.
15. CONFIDENTIALITY
  
  Neither Party shall, without the prior written consent of the other Party (which consent may, for the avoidance of doubt, be withheld in the unfettered discretion of the Party called upon to disclose the Confidential Information) disclose such Confidential Information to any person, and/or make use of such Confidential Information for any purposes other than in connection with the rendering of the Training.
  
  The Party receiving the Confidential Information may disclose same to its officers, employees, and subcontractors but only to the extent required for the purposes of the rendering of the Training pursuant to the provisions hereof.
  
  The Party receiving the Confidential Information shall inform any officer, employee or subcontractor to whom it discloses such Confidential Information, that such information is confidential and shall instruct them to keep it confidential and not to disclose it to any third party (other than those persons to whom it has already been disclosed in accordance with the terms of these Terms and Conditions), on the basis that the party disclosing the Confidential Information is responsible for any disclosure, in breach of this clause 15, by the person to whom it is disclosed.
  
  Notwithstanding the provisions of this clause 15 either Party may make reference to these Terms and Conditions, the Parties’ identities and a general description of the Training rendered pursuant to and in terms of these Terms and Conditions, unless such information is explicitly and specifically identified as Confidential Information on written notice by either Party to the other.
16. PROHIBITION ON INTERFERENCE AND SOLICITATION
  
  Neither Party shall knowingly, for the duration of these Terms and Conditions and for a period of 1 (one) year after these Terms and Conditions terminates for any reason, furnish any information or advice to anyone else which results in any staff member or any representative and/or agent of the other Party who was involved in the implementation or execution of these Terms and Conditions to terminate his or her employment with that Party and/or any other contractual relationship and/or becoming employed by, or directly or indirectly interested in any manner in, any concern which carries on business, directly or indirectly, in competition with any part, aspect or facet of the business conducted by the other Party.
17. LIABILITY
  
  Disclaimers and limitation of liability:
  
  To the fullest extent permissible by law, DSL disclaims all warranties, any representations of fitness for purpose of any kind, whether express or implied in respect of the Training and the Student attends the Training at their own risk.
  
  The Student agrees that DSL is unable to, and is not required to, guarantee a particular result, or set of commercial results.
  
  The Student agrees that neither DSL nor DSL’s associates shall be liable for any Losses however arising and whatever the cause including, but not limited to, Losses arising as a result of the Student’s negligence, and/or failure to furnish DSL with adequate information it requires in order to render the Training.
  
  The Student hereby indemnifies DSL and DSL’s associates from any Losses, which may arise as a result of the Student’s unlawful conduct, wilful misconduct, negligence, and/or gross negligence.
  
  The Student irrevocably waives any claims it may have against DSL arising out of, or related to (and agrees not to institute any proceedings in respect of), the Training or these Terms and Conditions more than 1 (one) year after the cause of action relating to such claim or legal action arose.
18. BREACH
  
  Subject to any other provision of these Terms and Conditions providing for the remedy of any breach of any provision hereof, should either Party (“the Offending Party”) commit a breach of any provision of these Terms and Conditions and fail to remedy such breach within 10 (ten) days of receiving written notice from the other Party (“the Aggrieved Party”) requiring the Offending Party to do so, then the Aggrieved Party shall be entitled, without prejudice to its other rights in law to -
  
  terminate these Terms and Conditions, provided the breach in question is a breach going to the root of these Terms and Conditions; or
  
  claim specific performance of all of the Offending Party’s obligations whether or not due for performance,
  
  in either event, without prejudice to the Aggrieved Party’s right to claim damages.
19. DISPUTES
  
  In the event of any dispute or difference arising between the Parties relating to or arising out of these Terms and Conditions, including the implementation, execution, interpretation, rectification, termination or cancellation of these Terms and Conditions, the chief executive officers of the Parties or any of their designated officials shall upon request by any Party meet to attempt to settle such dispute or difference, and failing settlement within a period of 7 (seven) business days from such a request, shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
  
  If agreement is not reached as to the appointment of such mediator within 10 (ten) days after any Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment, then any Party may give written notice to the other Party referring the dispute to arbitration in Johannesburg in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
  
  The Parties irrevocably agree that the decision in any arbitration proceedings:
  
  will be binding on all of them;
  
  will forthwith be carried into effect;
  
  may be made an order of any court of competent jurisdiction.
  
  Nothing herein contained shall be deemed to prevent or prohibit either Party from applying to the appropriate court for urgent relief.
  
  The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of these Terms and Conditions.
20. GOVERNING LAW AND JURISDICTION
  
  These Terms and Conditions shall be governed in all respects by and shall be interpreted in accordance with the laws of the Republic of South Africa and the Parties hereby consent and submit to the jurisdiction of the, appropriate South Africa court in Johannesburg.
21. INTERRUPTION EVENT
  
  An Interrupted Party shall be relieved of its obligations in terms of these Terms and Conditions during the period that the Interruption Event and its consequences continue, only to the extent so prevented, and shall not be liable for any Losses which the other Party may suffer as a result.
  
  The Interrupted Party shall notify the other Party of an Interruption Event in writing as soon as it becomes reasonably aware of the Interruption Event as such.
  
  Should it be possible, DSL shall operate its Training through an online portal (depending on the nature of the Training) or postpone the Training to a more suitable date; alternatively
  
  The Student can elect to be transferred to another Course, if and when this is possible; or
  
  The Student can cancel his / her enrolment with DSL and request a refund of Fees paid, where applicable.
  
  In the event that an Interruption Event exceeds –
  
  20 (twenty) consecutive days, and in the event that alternative services and/or facilities cannot be provided by the Interrupted Party or its nominee, the Parties agree to meet and negotiate the suspension, termination or restructuring of these Terms and Conditions; or
  
  3 (three) consecutive months, and in the event that alternative services and/or facilities cannot be provided by the Interrupted Party or its nominee, either Party may terminate these Terms and Conditions and shall only remain liable for performance under these Terms and Conditions which fell due immediately prior to the Interruption Event.
22. DOMICILIUM AND NOTICES
  
  The Parties choose domicilium citandi et executandi ("domicilium") for all purposes arising from or pursuant to these Terms and Conditions:
  
  In respect of the Student, the address and contact details as submitted by the student in the appropriate application; and
  
  In respect of DSL, as per clause 3.2.5 above.
  
  Any Party hereto shall be entitled to change its domicilium from time to time, provided that any new domicilium selected by it shall be an address other than a box number, and shall be in the Republic of South Africa, and any such change shall only be effective upon receipt of notice in writing by the other Party of such change.
  
  All notices, demands, communications or payments intended for any Party shall be made or given at such Party's domicilium for the time being.
  
  A notice sent by one Party to another Party shall be deemed to be received:
  
  on the same day, if delivered by hand;
  
  one day after transmission if sent by email;
  
  on the third day after despatch, if sent by prepaid courier.
  
  If any notice is sent by email, the provisions of the Electronic Communications and Transactions Act 25 of 2002 governing receipt of data messages, shall apply.
  
  Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
23. MISCELLANEOUS
  
  Each Party hereto acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of these Terms and Conditions and that it has either taken such independent legal advice or dispensed with the necessity of doing so. Further, each Party hereto acknowledges that all of the provisions of these Terms and Conditions and the restrictions herein contained are fair and reasonable in all the circumstances and are part of the overall intention of the Parties in connection with these Terms and Conditions.
  
  The Student shall not be permitted to cede, assign, or otherwise transfer any or all of its rights, interests or obligations under and/or in terms of these Terms and Conditions without the prior written consent of DSL. DSL may cede, assign, or otherwise transfer any or all of its rights, interests, or obligations under and/or in terms of these Terms and Conditions without the written consent of the Student.
  
  These Terms and Conditions constitute the whole agreement between the Parties as to the subject matter hereof and no representations or warranties between the Parties, other than those set out herein, are binding on the Parties.
  
  No addition to, variation or consensual cancellation or novation of these Terms and Conditions and no waiver of any right arising from these Terms and Conditions, or its breach or termination, shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorized representatives.
  
  For the avoidance of doubt, data messages as defined in the Electronic Communications and Transactions Act No. 25 of 2002 shall not constitute “writing” for purposes of this clause, whether such data message includes an electronic signature or not.
  
  No latitude, extension of time or other indulgence, which may be given or allowed by a Party to another in respect of the performance of any obligation hereunder or enforcement of any right arising from these Terms and Conditions and no single or partial exercise of any right by any Party shall, under any circumstances, be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from these Terms and Conditions or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
  
  Each undertaking, covenant and agreement in each clause and sub-clause of these Terms and Conditions is separate and severable, and in the event that any undertaking, covenant, agreement or other provision contained herein shall be determined to be void or unenforceable or illegal in whole or in part for any reason whatsoever, such invalidity, unenforceability or illegality shall not affect the remaining undertakings, covenants, agreements and provisions hereof which shall remain of full force and effect and binding on all Parties hereto.
  
  These Terms and Conditions may be executed by the Parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same Terms and Conditions.
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Online Application

Section 01

Personal Details

Section 02

Aviation History

Section 03

Type of Training Required

Section 04

Payment Details

Section 05

Terms and Conditions