User Terms & Conditions 

1. Introduction 

These terms and conditions between AGILE ONLINE LEARNING (PTY) LTD (“we”, “us”, “our”) and all users of the Course (“you”, “your”, “User”) govern the provision of our courses and related educational courses (“Courses”) and by accepting these terms and conditions when registering as a User, you agree to be bound by them. These terms and conditions constitute a legally binding agreement between you and AGILE ONLINE LEARNING (PTY) LTD. 

Our platform offers a diverse range of learning experiences, including online courses, face-to-face classroom sessions, and virtual live classes, to cater to the varied needs and preferences of our users. 

1.1. Modification of Terms 

We may modify these terms and conditions periodically with or without notice to you, and such modifications shall be effective immediately upon publishing. It is your responsibility to review these terms and conditions regularly to ensure that you are fully aware of the terms to which you are bound. 

Should any of these terms and conditions be breached by you, we reserve the right to suspend, alter, or terminate your access to our Courses at our sole discretion. 

2. Our Courses 

AGILE ONLINE LEARNING (PTY) LTD provides an online learning platform offering a range of courses tailored to individuals or groups of people seeking to enhance their knowledge and skills (our “Courses”). Our platform facilitates accessible and engaging learning experiences across various subjects and disciplines, including online, face-to-face, and virtual courses.  

Our courses accredited by third-party organizations meet the standards set by these bodies, which may include industry-specific competencies, professional certifications, or academic credit. Details of accreditation for specific courses can be found on the course description pages. 

2.1. User Responsibilities and Engagement 

By registering for our Courses, you grant permission to us to collect, use, and store your data in accordance with these terms and conditions for the duration of your engagement with our platform, whether through a one-time purchase or an annual subscription. This includes using your personal information to keep you informed about future courses and offerings that may be of interest to you. You also agree to engage with the courses and materials provided in a manner consistent with these terms and conditions and any additional guidelines or rules applicable to specific courses or content. 

2.2. Technical Requirements 

To access and use our platform effectively for online and virtual courses, users must have the following minimum technical requirements: 

  • A stable internet connection with a minimum speed of 10 Mbps for smooth video streaming and interactive sessions. 
  • A modern web browser, such as Google Chrome (latest version), Mozilla Firefox (latest version), Safari (latest version), or Microsoft Edge (latest version), with JavaScript enabled. 
  • A device with at least 8 GB of RAM and a 2.5 GHz processor (or equivalent) for optimal performance with multimedia content. 
  • A screen resolution of 1280×720 or higher for clear viewing of course materials. 
  • Speakers or headphones for audio content, and a microphone and webcam for interactive sessions and assessments. 
  • Up-to-date antivirus software to protect your device and data from security threats. 

Failure to meet these requirements may result in a suboptimal experience or inability to access certain features of the platform. 

For face-to-face courses, the technical requirements may vary based on the location and setup of the classroom. Participants will be informed of any specific requirements prior to the start of the course. 

2.3. Content Review and Reporting 

We strive to keep our course content accurate and up to date. Users can report any inaccuracies or outdated content to admin@next-agile.co.za. We will review the reported content and make necessary corrections in a timely manner. 

3. Payment Terms 

3.1. Payment Options 

Users have the option to purchase individual courses on a one-time basis or opt for an annual membership that provides access to a range of courses for a fixed period. For organizations or groups enrolling multiple users, we offer the option of bulk payments. Please contact us at admin@next-agile.co.za for more information on bulk enrolment and payment options. 

 3.2. Accepted Payment Methods 

We use Payfast as our secure payment channel  We also offer the option of issuing invoices that can be paid via EFT transfers or direct deposits. 

3.3. Payment Due Dates 

For courses invoiced, payment is due by the date specified on the invoice. 

For courses purchased directly from the website, the payment will be charged immediately upon enrolment.  Should there be a need for reversal of payment, it needs to be requested by email at admin@next-agile.co.za. 

3.4. Course Pricing Adjustments 

We reserve the right to adjust the prices of our courses as needed without prior notification. These adjustments may be due to changes in market conditions, course enhancements, or other factors. We encourage users to check the current pricing information on our website or contact us directly for the most up-to-date course fees. 

4. Cancellation & Refund Policy 

Our cancellation and refund policy varies depending on the type of course you are enrolled in. Please review the specific policies for face-to-face, virtual, and online courses below: 

4.1. Face-to-Face Courses: 

Cancellations must be made at least thirty (30) days before the start date of the course to receive a full refund, minus a 5% administrative fee to cover expenses incurred by the lecturers. 

Cancellations made less than fourteen (14) days before the start date will result in 50% refund. 

No refunds will be issued for cancellations made within 7 days of the course start date. 

If you are unable to attend the course, you may request to postpone your enrolment to a future session, subject to availability. Postponement requests must be made at least thirty (30) days before the course start date. A 5% administrative fee may apply. 

4.2. Virtual Courses: 

Cancellations must be made at least fourteen (14) days before the start date of the course to receive a full refund. 

Cancellations made less than seven (7) days before the start date will result in a 50% refund. 

No refunds will be issued for cancellations made within 7 days of the course start date. 

4.3. Online Courses: 

Due to the immediate availability of course materials upon enrolment, refunds for online courses are only available under the following conditions: 

  • If technical issues prevent you from accessing the course and we are unable to resolve these issues within two (2) days. 
  • If you cancel your enrolment within three (3) days of purchase, you may be eligible for a partial refund, depending on the extent of your course access and usage.

5. User Registration 

5.1. Accuracy of Information 

You are responsible for ensuring that all information provided to us when registering is accurate and current at all times. We may request documentary evidence or other information to verify the information provided when registering for our Courses. 

5.2. Account Security 

To ensure the security of your account and the protection of your personal information, please adhere to the following guidelines:
 

  • Only representatives who are authorized may register for our Courses on behalf of an entity User. 
  • You agree to create a strong password for your account that meets the following criteria: at least 8 characters long, includes a mix of uppercase and lowercase letters, numbers, and special characters (e.g., !, @, #, $). 
  • You agree and guarantee that the username and password that you will use to log into the Course is for your personal use only and will not be passed on to any third party. 
  • You will immediately notify us at admin@next-agile.co.za  of any unauthorized use of your account or other account-related security breaches of which you are aware. In the event of such a notification, you can reset your password using the ‘Forgot Password’ feature on our platform or contact our support team for assistance. 
  • In the case of bulk registrations or payments for multiple users, the entity responsible for the bulk purchase must ensure that individual user accounts are securely created and managed according to these security guidelines. 

5.3. Prohibited Conduct 

You are prohibited from posting any information that supports illegal activities, is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety, or inconvenience to another User or any other person or entity; post a sexually explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. 

5.4. Consequences of Violation 

In the event of any violation of these rules, we reserve the right to take appropriate action, including but not limited to removing content, suspending, or terminating your account, and/or reporting violations to law enforcement authorities. We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request. 

6. Accessibility 

We are committed to making our platform accessible to all users, including those with disabilities. While we are currently working on implementing accessibility standards such as the Web Content Accessibility Guidelines (WCAG), we acknowledge that our platform may not yet fully comply with these standards. 

We welcome feedback on how we can improve accessibility and are actively working to enhance the accessibility of our platform. If you encounter any accessibility barriers or have suggestions for improvement, please contact our support team at admin@next-agile.co.za. 

7. User Data 

7.1. Ownership and Responsibility 

You shall own all rights, title, and interest in and to all your data and shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of your data. 

7.2. Data Protection and Privacy 

If we process any personal information on your behalf when conducting any Courses, you shall be the responsible party as defined in applicable data protection legislation, including the Protection of Personal Information Act (POPIA), and: 

  • You warrant that you are entitled to transfer the relevant personal information to us so that we may lawfully use, process, and transfer the personal information in accordance with these terms and conditions on your behalf. 
  • You undertake to ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation. 
  • We shall process the personal information only in accordance with these terms and conditions and any lawful instructions reasonably given by you from time to time. 
  • Each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal information or its accidental loss, destruction, or damage. 

For more detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy. 

7.3. Security Measures 

It is your responsibility to implement the security features that are available on our platform, and any loss or damage to your data because of failure on your part to do so cannot be attributed to us. 

We cannot be held responsible for the security of any of your data that is published from our platform to third parties by you. 

7.4. Use of User Data 

We may use your data to improve educational offerings, conduct analytics, and provide personalized learning experiences. Your data will not be used for purposes unrelated to our Courses without your consent. 

7.5. Retention of User Data 

We retain your personal data for as long as necessary to provide you with our Courses, comply with our legal obligations, resolve disputes, and enforce our agreements. The specific retention period for different types of data may vary depending on the nature of the data and our legal obligations. 

7.6. Deletion of User Data 

You may request the deletion of your personal data at any time by contacting our support team at admin@next-agile.co.za . We will process your request in accordance with applicable data protection laws and our internal policies. Please note that some data may be retained for a certain period even after your account is terminated, as required by law or for legitimate business purposes. 

8. Intellectual Property 

8.1. Ownership of Intellectual Property 

All Intellectual Property Rights in our Courses, including but not limited to, processes, manuals, and other documentation connected with the Course, are and shall remain the sole property of AGILE ONLINE LEARNING (PTY) LTD.  

8.2. User License and Restrictions 

As a user, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Courses and its content for your personal, non-commercial use in accordance with these terms and conditions. This license does not include any rights to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or use any part of the Courses or its content for any commercial purposes without our express written consent. 

Unauthorized use, reproduction, modification, distribution, or exploitation of our Courses or its content is strictly prohibited and may result in the termination of your access to our Courses and legal action. 

8.3. Ownership of Course Content 

All course content provided on our platform, including but not limited to, lectures, videos, quizzes, assignments, and resources, is the property of AGILE ONLINE LEARNING (PTY) LTD or our content providers and is protected by copyright and other intellectual property laws. 

8.4. Attribution

When using or sharing the course content as permitted under these terms, you must provide proper attribution to AGILE ONLINE LEARNING (PTY) LTD and the content provider, and you must not remove or obscure any copyright notices or other proprietary rights notices. 

8.5. Course Content and Trademarks 

In addition to our platform’s intellectual property, all course content, including lectures, videos, quizzes, assignments, and resources, is protected by copyright and is the property of AGILE ONLINE LEARNING (PTY) LTD or our content providers. Users are granted a limited license to access and use the course content for personal, non-commercial, educational purposes only. 

Our trademarks, logos, and Course marks displayed on the platform are registered and unregistered trademarks of AGILE ONLINE LEARNING (PTY) LTD and are protected by copyright and trademark laws. You may not use these trademarks without our prior written consent. 

9. Warranties and Limitations of Liability 

9.1. Disclaimers 

To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our Courses. While we strive to provide high-quality educational content, we do not guarantee specific outcomes, such as employment or career advancement, upon completion of our courses. 

9.2. Limitations of Liability 

We do not warrant that our Courses will meet your requirements, and it is provided “as is” without any representations or warranties, express or implied. It is your responsibility to ensure that our Courses meets your requirements and is compatible with your hardware and software prior to use. 

We do not warrant that the results of the use of the Course will be correct, accurate, or reliable, or that any defects in our Courses will be corrected. We cannot be held responsible for the accuracy of the data sourced through our Courses. 

10. Indemnification 

10.1. User Obligations 

You agree to indemnify, defend, and hold harmless AGILE ONLINE LEARNING (PTY) LTD, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, any unlawful or improper use of our Courses, or any negligent or wrongful conduct by you or any other person accessing our Courses using your account. 

11. Support 

11.1. Availability and Contact Information 

Support regarding the use of our platform is provided to our customers only and can be accessed by sending an email to admin@next-agile.co.za. 

12. Updates and Maintenance 

To ensure the best experience for our users, we regularly update and maintain our platform. These updates may include new features, improvements to existing functionalities, bug fixes, and security enhancements. 

We aim to minimize any inconvenience caused by updates and maintenance: 

  • Scheduled maintenance and updates are typically performed during off-peak hours to minimize disruption. 
  • We provide advance notice of any significant updates or maintenance that may affect your access to the platform through our website, email notifications, or other communication channels. 
  • In the event of unplanned maintenance or emergency updates, we will communicate the details and expected duration as soon as possible. 

12.1. Notifications of updates 

In addition to maintenance and downtime, we will also inform users of any significant updates to the platform that may enhance functionality or introduce new features. Users will be notified of such updates through our website, email notifications, or other communication channels. 

13. Dispute Resolution 

13.1. Negotiations 

In the event of any dispute, controversy, or claim arising out of or relating to these terms and conditions, or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the dispute amicably through negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to mediation. The mediation shall be conducted in Cape Town, South Africa. 

13.2. Mediation 

If the dispute is not resolved through mediation within sixty (60) days of the commencement of mediation, the dispute shall be finally settled by arbitration. The arbitration shall be conducted in Cape Town, South Africa. The arbitration shall be conducted by one arbitrator appointed in accordance with the said rules. The language of the arbitration shall be English. 

13.3. Arbitration 

The decision of the arbitrator shall be final and binding on the parties, and the parties agree to be bound by the arbitrator’s decision and to act accordingly. The costs of the arbitration, including the fees of the arbitrator, shall be borne by the parties as determined by the arbitrator. 

The parties agree that the mediation and arbitration process shall be confidential. 

14. Governing Law and Jurisdiction 

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. 

15. Termination 

15.1. Termination by AGILE ONLINE LEARNING (PTY) LTD 

We reserve the right to terminate your access to our Courses or deactivate your account at any time, without notice, for any reason, including but not limited to, breach of these terms and conditions, non-payment of fees, or any illegal or unauthorized use of our Courses. 

15.2. Termination by User 

You may terminate your account and discontinue your use of our Courses at any time by contacting our support team at admin@next-agile.co.za. Please note that upon termination, you will lose access to all courses and content on the platform. Any fees paid for the current subscription period are non-refundable, and no pro-rated refunds will be issued for unused portions of your subscription. 

15.3. Consequences of Termination 

Upon termination, all rights and licenses granted to you under these terms and conditions will cease, and you must immediately cease all use of our Courses. Any outstanding payments will become due, and no refunds will be issued for any remaining portion of your subscription term. 

15.4. Data Retention Upon Termination 

Upon termination of your account, we will retain your personal data for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. After this period, your personal data will be securely deleted or anonymized. If you wish to request the deletion of your personal data before this time, please contact our support team at admin@nsa.edu.za.

16. Contact Information

For any inquiries or support related to our platform, please contact us at admin@next-agile.co.za . 

17. Amendments to Reflect Specific Legal Requirements 

We reserve the right to amend these terms and conditions to ensure compliance with changes in South African legal or regulatory requirements, including but not limited to the Protection of Personal Information Act (POPIA).  

Any such amendments will be effective immediately upon publishing and will be communicated to users through our website or other appropriate channels. It is your responsibility to review these terms and conditions regularly to ensure compliance with any new legal or regulatory requirements.