Website & Contract Terms and Conditions of Use Relating to online.iss.co.za/elearning; ISS Online Learning.
Website Terms & Conditions
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the ISS Online Learning (“Provider”) website located at the domain name online.iss.co.za/elearning (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website elearning.issonline.co is a correspondence platform, enabling users to purchase and complete courses. The use of any course bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the course sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for courses sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
What is a cookie?
A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
Our Website utilises first and third party cookies. This enables us to: a) Improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.
Cookie Opt out
Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.
Although seldom charged, we reserve the right to charge a 10% administration fee for cancelled courses should the cancellation process incur significant administration expenses.
Cancelled orders on the e-commerce facility will be refunded. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if the course is insufficient or the quality of course ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the course or course bought by consumers through the e-commerce facility should be directed to the Innovative Shared Services (PTY) LTD, P.O. Box 716, Msunduzi, RSA, 3231, or [email protected]
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the the Provider’s bank account, the details of which will be provided after checkout.
Credit card acquiring and security
Credit card transactions will be acquired for the Provider via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
Customer details separate from card details
Customer details will be stored by the Provider separately from card details.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
The Provider takes responsibility for all aspects relating to the transaction including sale of courses sold on this website, customer service and support, dispute resolution and delivery of courses.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Pietermaritzburg High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Contract Terms & Conditions
Part A: Terms & Conditions of Agreement
1. Agreement Declaration
We understand this Learnership Agreement is legally binding. We understand that it is an offence in terms of the Skills Development Act 97 of 1998 (‘the Act’) to provide false or misleading information in this agreement. We agree to the following rights and duties.
2. Rights of Learners, Employers and Registered Training Providers
2.1 Rights of the Learner:
The learner has a right to:
2.1.1 Receive an induction to the Learnership;
2.1.2 Be educated and trained under the Learnership;
2.1.3 Access to the required resources for the achievement of the specified outcomes for the structured learning component as well as the specified practical workplace experience activities of the Learnership;
2.1.4 Be assessed and have access to the assessment results for the structured learning component as well as the specified practical workplace experience activities of the Learnership;
2.1.5 Receive a written statement of results within 21 working days of the final assessment required in this Learnership agreement;
2.1.6 If successful, be awarded a certificate of achievement for the qualification associated with the Learnership within 45 working days of the learner’s final assessment;
2.1.7 In the case of a section 18 (2) learner, receive the agreed Learnership allowance for the duration of the Learnership;
2.1.8 Raise grievances in writing with the SETA or the ETQA accredited for the qualification associated with the Learnership concerning any shortcomings in the quality of the education and training under the Learnership.
2.2 Duties of the Learner
The Learner must:
2.2.1 Carry out all occupationally related work for the employer required for the practical workplace experience activities specified in the learnership;
2.2.2 Comply with the employer’s workplace policies and procedures;
2.2.3 Be available for, and participate in, all structured learning and practical workplace experience activities required by learnership;
2.2.4 Attend all theoretical learning sessions and practical learning activities with the training provider;
2.2.5 Complete timesheets and projects and participate in any assessment activities that are required that are required for the final assessment at the end of the learnership, and
2.2.6 Undertake all learning relating to the learnership conscientiously.
2.3 Rights of the Employer
The employer has the right to require learner to:
2.3.1 Perform duties in terms of this Agreements; and
2.3.2 Comply with the rules and regulations concerning the employer’s workplace policies and procedures.
2.4. Duties of the Employer
The employer must:
2.4.1 Comply with all duties in terms of the Skills Development Act and applicable legislation including:
- Basic conditions of Employment Act 75 0f 1997;
- Labour relations Act 66 of 1998;
- Employment Equity Act 55 of 1998;
- Occupational Health and Safety Act 85 of 1993 (or Mine Health and Safety Act 27 of 1996);
- Compensation for Occupational Injuries and Disease Act 130 of 1993;
- Unemployment Insurance Act 30 0f 1996.
2.4.2 Provide the facilities and resources required for the specified practical workplace experience activities of the learnership;
2.4.3 Provide the learner with supervision, mentoring and coaching at work;
2.4.4 Provide the learner with appropriate education and training to competently perform the specified workplace experience activities required by the learnership;
2.4.5 Release the learner during normal working hours to attend off- the – job structured learning required by the learnership;
2.4.6 Conduct on – the – job assessment for the specified workplace experience activities, or cause it to be conducted;
2.4.7 Keep up to date records of workplace learning and periodically discuss progress with the learner and the training provider;
2.4.8 If the learner was not in the employment of the employer at the time of concluding this agreement-
- Enter into a contract of employment with the learner for the duration of learnership;
- Advise the learner of the terms and conditions of his or her employment, including the learner allowance, and
- Advise the learner of the employer’s workplace policies and procedures.
2.4.9 Pay the learner the agreed learner allowance for the duration of the learnership;
2.4.10 Apply the same disciplinary, grievance and dispute resolution procedures to the learner as to any other employee;
2.4.11 Submit the signed learnership agreement to the SETA for registration.
2.4.12 Submit records as required by ETQA body.
2.5 Rights of the Training Provider
The training provider has the right to access the learner’s portfolio of evidence and workplace learning related assessment.
2.6 Duties of the Training Provider
The Training Providers must:
2.6.1 Provide the structured learning specified in the Learnership;
2.6.2 Provide the learner support as required by the learnership
2.6.3 Record, monitor and retain details of the education and training provided to the learner in terms of the learnership and periodically discuss progress with the learner and employer;
2.6.4 Conduct on the job assessment against the outcomes of the qualification associated with the learnership is conducted at the end of the learnership; and
2.6.5 Issue a written statement of result in respect of the learner’s final assessment for the qualification associated with the learnership within 21 working days of the assessment, to the learner, the SETA and the ETQA accredited for the qualification
3 Suspension of this Agreement
3.1 A SETA may approve the suspension of this agreement if-
3.1.1 the employer and the learner have agreed in writing to suspend the agreement; or
3.1.2 The employer or learner has requested, on good cause, to suspend the agreement and the other parties to the agreement have had an opportunity to make presentations as to why the learnership should not be suspended.
3.2 An application to suspend a learnership agreement must be submitted to the SETA in writing with-
3.2.1 A written agreement signed by the employer and the learners setting out the reasons for the suspension; and
3.2.2 Where appropriate the reasons for the suspension and proof that the other parties to the learnership agreements have had the opportunity to make presentations as to why the agreement should be suspended.
3.3 All parties to a suspended learnership agreement must take appropriate steps re-activate the learnership programme on expiry of the suspension
4 Termination of this Agreement
This learnership agreement terminates:
4.1 On the termination date stipulated in Part A of this agreement, or
4.2 On an earlier date if:
4.2.1 The learner has successfully completed the final assessment and fulfilled all requirements associated with the specified workplace experience activities of the learnership;
4.2.2 The learner is fairly dismissed by the employer for reason related to the learner’s conduct or capacity as an employee.
4.2.3 The SETA approves the termination of the agreement in terms of the Learnership Regulations, 2007.
5.1 If there is a dispute concerning any of the following matters, the matter may be referred to the SETA and if no satisfactory solution is given it may be taken to the Commission for Conciliation, Mediation and Arbitration (CCMA):
5.1.1 The interpretation or application of any provision of this agreement, the learner’s contract of employment or a sectoral determination made in terms of section 18(3) of the Act;
5.1.2 Chapter 4 of the Act;
5.1.3 The termination of this agreement or in the case of section 18.(1) the learner’s contract of employment
5.2 If there is a dispute regarding the quality of education and training provided by the training provider or regarding the quality of learner’s learning performance, it may be referred to the ETQA accredited for the learnership Qualification for resolution in accordance with the applicable policies and procedures of the ETQA.
6 Learner’s declaration
Before continuing with any Lesson Quiz the learner will have to agree and accept that they have taken the responsibility of accessing all the relevant course material, become familiar with the information and feel prepared in continuing with the assessments.
7 Declaration of Authenticity
On completing all the assessments the learner is required to complete a “Declaration of Authenticity of Evidence”. This form will confirm that all the learners’ activities are their own original authentic work and if there is not enough substantial evidence to prove this then the necessary steps will be adhered to.
Part B: Details Of The Learnership And The Parties To This Agreement
Please take note of the following:
- If the learner is not already in the employ of the employer, the learner and employer must conclude a contract of employment.
- If the learner is a minor then the learner’s parents or guardian must be a party to this Agreement and must complete section 3. The parent or guardian ceases to be a party to this Agreement once the learner ceases to be a minor.
- If a group of employers are party to this Agreement, one of the employers must perform the function of a lead employer. The lead employer must complete section 4. Details of the other employers must be attached on a separate sheet.
- If the employer and the accredited training provider are the same entity, the employer must complete sections 4 and 5.
- If a group of training providers are party to this Agreement, one of the providers must perform the function of lead training provider. The lead training provider must be accredited for the qualification and must complete section 5. Details of the other training providers must be attached on a separate sheet.
- A copy of the learning programme outline and implementation plan must be attached.
- If the employer has concluded an agreement with an ESDA in terms of which the ESDA is to perform some or all of the employer’s obligations or exercise some or all of the employer’s rights in terms of the learnership agreement, section 6 must be completed.
If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:
Innovative Shared Services (PTY) LTD
183a Howick Road
P.O. Box 716
Email address: [email protected]
Tel: 0861 111 185