1.1 The parties to this Agreement are the applicant on the Student Registration Form and International Culinary Studio Ltd.
1.2 The parties agree as set out below.
2.1 In this Agreement, unless clearly inconsistent with our otherwise indicated by the context:
2.1.1 “the/this Agreement” means the agreement set out in this document and the Student Registration Form;
2.1.2 “International Culinary Studio” means International Culinary Studio Ltd with registration number 9429041932049, limited liability company registered in accordance with the laws of New Zealand;
2.1.3 “the effective date” means the date of submission of the Student Registration Form by the applicant;
2.1.4 “the signature date” means the date of signature of this Agreement;
2.1.5 “fees” means the fees charged and received by International Culinary Studio from the applicant, in terms of registration and courses;
2.1.6 “the students” means the person to whom International Culinary Studio has granted admission to any of its courses;
2.1.7 “the course” means the programme offered and conducted by International Culinary Studio in respect of which particular programme the student has registered and enrolled;
2.1.8 any reference to the singular includes the plural and vice versa;
2.1.9 any reference to natural persons includes legal persons and vice versa;
2.1.10 any reference to gender includes the other genders.
2.2 The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
2.3 Words and expressions defined in any sub-clause shall, for the purposes of the clause of which the sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.
2.4 This Agreement shall be governed by and construed and interpreted in accordance with the laws of New Zealand.
3.1 International Culinary Studio confirms the student’s registration into the course upon:
3.1.1 Completion and submission by the applicant of the Student Registration Form and requested documentation;
3.1.2 Payment of the fees; and
3.1.3 Confirmation by International Culinary Studio of successful registration.
4. ADMISSION TO INTERNATIONAL CULINARY STUDIO COURSES
4.1 International Culinary Studio reserves the right to determine whether an applicant qualifies to register for a course or not, and its decision shall be final.
4.2 International Culinary Studio shall be entitled to check and verify the information submitted by a prospective student on the Student Registration Form and make any enquiries it deems necessary, and the student by his/her signature hereto, authorizes such investigations, as International Culinary Studio deems necessary.
4.3 Once registered, an applicant shall be bound by all the terms and conditions herein contained.
5. OBLIGATIONS OF INTERNATIONAL CULINARY STUDIO
5.1 International Culinary Studio undertakes to use its reasonable endeavors to train, assess and moderate the student and to assist the student, where practicable, in completing the course.
5.2 Subject to the provisions of this agreement, International Culinary Studio shall be entitled to perform its duties hereunder in such manner as it may think fit.
5.3 International Culinary Studio shall undertake to keep all student records and personal information private and confidential.
6. STUDENT’S OBLIGATIONS
6.1 The student shall, at his/her own cost and expense, attend the examinations presented by the relevant accreditation body at their examination centre, should the student opt to undertake the final examination for that accredited qualification.
6.2 The student shall be responsible for all additional training costs such as ingredients, materials and equipment required in practical assessments and tasks.
6.3 The student is liable for the payment of all fees.
6.4 The student shall be liable for all costs linked to his/her Mentor Chef.
6.5 The student shall at all times abide by the Regulations and Code of Conduct of International Culinary Studio. Without limiting the generality of the aforegoing, the student shall adhere to International Culinary Studio’s policies and guidelines in respect of lodging any grievances or complaints, in respect of any course offered by International Culinary Studio or with International Culinary Studio itself.
6.6 The student shall ensure that all information contained in the attached registration form is complete and accurate in every respect.
6.7 The student shall ensure that all courses are completed within the time periods therefore allotted.
7.1 All training and formative assessment between International Culinary Studio and the student will take place online.
7.2 International Culinary Studio shall make available such number of instructors as may be determined by International Culinary Studio to mark assignments and assist students.
7.3 All summative practical assessments will take place between the student and the student’s chosen Mentor Chef (a qualified industry chef), using International Culinary Studio’s summative assessment criteria and documents and will be verified by a qualified International Culinary Studio Chef Instructor.
7.4 Study material supplied to students may not be passed on or access given to anyone other than the registered student.
7.5 International Culinary Studio does not accept responsibility for a student’s eligibility or entry for public examination.
8. COOLING-OFF PERIOD
8.1 The student has the right to return goods or services purchased from International Culinary Studio within five (5) days. This right does not extend to the following goods and/or services:
8.1.1 For financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
8.1.2 By way of an auction;
8.1.3 For the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer;
8.1.4 For services which has begun with the student’s consent before the end of the five day period;
8.1.5 Where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by International Culinary Studio;
8.1.6 Where the goods:
188.8.131.52 Are made to the consumer’s specifications;
184.108.40.206 Or clearly personalized;
220.127.116.11 By reason of their nature cannot be returned;
18.104.22.168 Or are liable to deteriorate or expire rapidly;
8.1.7 Where audio or video recordings or computer software were unsealed by the consumer;
8.1.8 For the sale of newspapers, periodicals and magazines;
8.1.9 For the provision of gaming and lottery services; or
8.1.10 For the provision of accommodation, transport, catering or leisure services and where International Culinary Studio undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
9.1 In consideration for the obligations undertaken by International Culinary Studio detailed above, the student is responsible for the full payment of fees to International Culinary Studio as set out in the Student Registration Form.
9.2 Any failure of the student to complete his/her training and assessment will not result in any reduction or refund of fees, except as otherwise herein set out.
9.3 There will be no refund of fees for any reason except as otherwise set out in this Agreement, specifically, but without limiting the generality hereof, no student is entitled to a refund of fees as a result of the student not completing a course, failing a course, or as a result of having been suspended or excluded form a course on the grounds of misconduct by International Culinary Studio.
9.4 Fees charged by International Culinary Studio includes course material and license fees for the student platform and access to an online recipe textbook.
9.5 Fees charged by International Culinary Studio exclude exam fees.
10.1 It is not permitted to copy of distribute the material without the consent, in writing from International Culinary Studio.
11.1 The student is entitled to terminate their enrolment with International Culinary Studio, with or without cause, at any given time; however, such a termination shall be effective upon twenty (20)-business days written notice to International Culinary Studio.
11.2 The student is entitled to terminate their enrolment in any course at International Culinary Studio, with or without cause, at any given time; however, such a termination shall be effective upon twenty (20) business days written notice to International Culinary Studio.
11.3 International Culinary Studio reserves the right to charge the student a reasonable cancellation penalty, on termination in terms of clauses 11.1 or 11.2 above.
11.4 International Culinary Studio may, in its sole and absolute discretion, upon termination by the student, in terms of clauses 11.1 and 11.2 above, refund any fees (excluding registration fees which is non-refundable), to the student on a pro rata basis.
12. DEFERRAL OF ADMISSION
12.1 Requests to defer an offer of admission will be reviewed by International Culinary Studio on a case-by-case basis and may be granted for reasons including, but not limited to illness, military service, and travel or some other extraordinary opportunity. Supporting documentation must be provided with the application for deferment.
12.2 An admission deferment may be granted for a maximum period of one (1) year.
12.3 Requests for deferral must be made in writing to International Culinary Studio and may only be made by students once International Culinary Studio confirms the student’s registration, in accordance of the terms in clause 3.1.
12.4 Failure to meet any of these terms may result in the revocation of admission. In such a case, an applicant will need to reapply for admission to International Culinary Studio.
13. EXCLUSION OF DAMAGES AND THE LIMITATION OF LIABILITY
13.1 Under no circumstances will International Culinary Studio be liable to the student for any direct, consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on a claim against the student by any third party, arising out of the breach or failure of any expressed or implied warranty, breach of contract, misrepresentation, negligence, strict liability in delict or otherwise resulting from the student’s use of information and/or training acquired while on the course or resulting from any advice given by the student to any third party based on instruction received by the student during the course.
13.2 The student hereby indemnifies International Culinary Studio against any claim by any third party against the student arising from any cause whatsoever or howsoever caused by implementation of any aspect of the course and the student undertakes to take all reasonable steps to limit their liability in this regard.
14.1 The student fully understands and accepts that all practical course activities shall be undertaken at the student’s own risk and on behalf of themselves, their spouses, their executors and the student, to indemnify, hold harmless and absolve International Culinary Studio, its associated companies and organisations and their employees and representatives acting in such capacity, against and from any claims whatsoever, which may arise in connection with any loss and/or damage to the person and/or property of the student in the course of such activities.
15. NOTICES AND DOMICILIA
15.1 The parties choose as their domicilium citandi etexecutandi their respective addresses set out in the registration form for all purposes arising in connection with this Agreement, at which addresses all the processes and notices arising out of or in connection with this Agreement, if breach or termination may validly be served upon or delivered to the parties.
15.2 Any notice given in terms of this Agreement shall be in writing, and shall:
15.2.1 If delivered by hand, be deemed to have been duly received by the addressee on the date of delivery;
15.2.2 If delivered by a recognized international courier service, be deemed to have been received by the addressee on the first business day following the date of such delivery by the courier service concerned;
15.2.3 If delivered by registered mail, be deemed to have been duly received five (5) days after postage thereof;
15.2.4 In delivered by electronic mail, be deemed to have been duly received upon delivery of a written receipt from the recipient’s server.
15.3 Notwithstanding anything to the contrary contained in this Agreement, a written notice of communication actually received by one of the parties from another including by way of facsimile transmission, shall be adequate written notice or communication to such parties.
16.1 Should any party (“the defaulting party”) commit a breach of any of the provisions of this Agreement, then the other party (“the aggrieved party”) shall be obliged to give the defaulting party seven (7) days written notice, to remedy the breach. If the defaulting party fails to comply with such notice, the aggrieved party shall be entitled to claim immediate payment and/or specific performance by the defaulting party of all the defaulting party’s obligations whether or not the due date for payment and/or performance shall have arrived, in either event without prejudice to the aggrieved party’s rights to claim damages. The aforegoing is without prejudice to such other rights as the aggrieved party may have in law.
16.2 Where International Culinary Studio breaches the Agreement, their liability to the student is limited to the fees paid by the student to International Culinary Studio, and the parties agree that the student shall not be entitled, under any circumstances whatsoever or howsoever arising, to recover amounts expended by the student in respect of the student’s travelling, accommodation and subsistence costs.
17.1.1 Each party warrants to the other party that it has the power, authority and legal capacity to sign and perform this Agreement.
17.1.2 International Culinary Studio does not warrant that an extension shall be given to any student who does not complete the course within the period therefore allotted.
17.1.3 The student warrants that use of International Culinary Studio’s online suite and all related content thereon will be entirely at their own risk and the website and all of its contents are provided on as “as is” basis and International Culinary Studio makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website and International Culinary Studio does not warrant that the website’s functions will be uninterrupted or error free or that the site or its server is free from viruses or other harmful components.
17.1.4 The student warrants that International Culinary Studio, its agents or suppliers, shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you, related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where International Culinary Studio is expressly advised thereof and the student will indemnify International Culinary Studio, its owners, directors, employees, officials and agents and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of the website.
17.2 Payment and Interest:
17.2.1 All payments in terms of or arising out of this Agreement shall be made free of bank exchange, commission and all other deductions to the party entitled thereto.
17.3 Whole Agreement:
17.3.1 This Agreement constitutes the whole Agreement between the parties as to the subject matter hereof and no agreement, representations or warranties between the parties other than those set out herein are binding on the parties.
No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorized representatives.
No latitude, extension of time or other indulgence which may be given or allowed by any party to any other party in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement 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 of that party’s rights in terms of or arising form this Agreement or stoop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
18. APPLICABLE LAW
This agreement shall be read and constructed according to the laws of New Zealand, and the parties submit to the jurisdiction of that State or the relevant overarching jurisdiction within the countries of the parties involved.