ESKILZ COLLEGE - Job-Ready Training

1. Introduction

1.1 This website, www.eskilzcollege.co.za (“website”) is owned and operated by Eskilz College (Pty) Ltd, (Registration Number: [Insert Registration Number]) (“Eskilz College”), a private education institution registered in the Republic of South Africa.

1.2 Eskilz College further owns and operates the following websites/domains/portals:

1.2.1 https://lms.eskilzcollege.co.za/ or similar portal; and (hereinafter, referred to as the “IT platforms”).

1.3 These terms and conditions apply when you visit the website and IT platforms for the first time and throughout your use of the website and IT platforms.

1.4 Please read these terms and conditions, together with Eskilz College’s Privacy Policy, carefully as it governs Eskilz College’s relationship with you in relation to your use of the website and IT platforms and will constitute an ongoing binding agreement between Eskilz College and yourself.

2. Acceptance of these terms and conditions

By using the website and/or IT platforms, you expressly agree to the terms and conditions. If you do not agree to all of the terms and conditions, please do not continue to use the website and/or the IT platforms.

3. Amended or updated terms and conditions

3.1 Eskilz College reserves the right to amend these terms and conditions at any time, in any way and from time to time. Eskilz College will publish the amended terms and conditions on the website, with such amendments coming into effect immediately.

3.2 It is your responsibility to review the amended terms and conditions, and to ensure that you agree with any amendments to these terms and conditions. If you do not agree with any amendments, please do not continue to use the website and/or the IT platforms. Eskilz College may periodically update or change these terms and conditions without notice.

4. Duration and cancellation

4.1 These terms and conditions shall constitute an ongoing binding agreement between Eskilz College and yourself.

4.2 Eskilz College may, in its sole discretion, terminate or suspend your access to and use of the website and IT platforms without notice for any reason whatsoever, including, but not limited to, violation of these terms and conditions or academic misconduct.

5. Registration

5.1 In order to register and create an account with Eskilz College for access to and the use of Eskilz College’s IT platforms (such as student portals or Learning Management Systems), you may be required, as an individual or sponsor, to:

5.1.1 possess a valid South African identity document or a valid South African passport;

5.1.2 possess a valid foreign passport or a foreign identity document and valid study/work permit;

5.1.3 possess a valid bank account with a registered financial institution (for tuition fee purposes);

5.1.4 possess a valid proof of address;

5.1.5 provide valid academic history or qualifications where applicable for enrollment;

5.1.6 provide Eskilz College with a valid email address;

5.1.7 create a username and password which will enable you to access your portal account; and

5.1.8 provide Eskilz College with your personal information and any other information which Eskilz College may deem necessary for educational administration.

5.2 It is specifically recorded that Eskilz College reserves the right to refuse and/or reject, for any reason whatsoever, your application for registration and the use of the website and IT platforms.

6. Use of Eskilz College’s logo, content and image

You are prohibited from using the content of the website and IT platforms, Eskilz College’s logo or any other images that appear on the website and IT platforms, without the prior written consent of Eskilz College. A failure to comply with this shall constitute an unlawful infringement of the intellectual property rights of Eskilz College and its licensors.

7. Advertising

From time to time, external hyperlinks and advertising may appear on the website and IT platforms. These hyperlinks do not constitute any relationship between Eskilz College and any linked third party or any endorsement by Eskilz College of such third party. Eskilz College does not necessarily endorse such third parties or their products and/or services. Your reliance on any information via the external hyperlinks, advertising or otherwise contained in such material is entirely at your own risk.

8. Accuracy of website content

8.1 Eskilz College does not warrant that the content or information displayed on the website and/or IT platforms is always accurate, complete and/or current.

8.2 Eskilz College reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and IT platforms. No information contained on the website and IT platforms shall be construed as professional advice and same is offered for informational and educational purposes only.

9. Prohibited conduct

You hereby agree not to:

9.1 use the website and/or IT platforms for an unlawful, illegal, academic dishonesty (e.g., plagiarism), or fraudulent purpose;

9.2 violate any applicable laws;

9.3 interfere with or disrupt the website and IT platforms’ functionality or security;

9.4 attempt to gain unauthorised access to any part of the website, IT platforms, or other students’ accounts;

9.5 use any automated systems or software to extract data from the website and/or IT platforms.

10. Intellectual property

Eskilz College owns all rights, title and interest, including without limitation, all related intellectual property rights in and to the website, IT platforms, course materials, and/or other material on the website and IT platforms. You are only permitted to view, print or electronically store a copy of any information on the website and IT platforms, including these terms and conditions, solely for your personal, lawful, non-commercial educational use and a failure to do so shall constitute an unlawful infringement of the intellectual property rights of Eskilz College or its licensors.

11. Data protection

For more information on how your personal information will be processed, please refer to Eskilz College’s Privacy Policy and PAIA manual.

12. Indemnities

You hereby indemnify Eskilz College against any loss due to or arising out of your use of the website and IT platforms.

13. Limitation of liability

13.1 Your use of the website and IT platforms are entirely at your own risk. Eskilz College accepts no liability, to the extent permitted by law, for any damages, however arising, whether direct, indirect, incidental, special or consequential loss from the access to or use of the website and IT platforms.

13.2 Eskilz College shall not be liable for any damages arising out of the use of (or inability to use) the website and IT platforms, including without limitation, damages resulting from any (i) failure and/or delay in the transmission of electronic correspondence and/or communication; and/or (ii) unauthorised access and/or manipulation of such correspondence by third parties and/or computer program/s.

14. Restrictions of use of website

14.1 No person, business or website may frame this website or any of the pages on this website or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicant any portion of the website.

14.2 Eskilz College prohibits deep linking to any other pages in a manner that would incorrectly suggest endorsement or support of Eskilz College or suggest that you are the owner of any intellectual property belonging to Eskilz College.

14.3 No person, business or website may use any technology (including spiders or crawlers) to search and gain any information from this website.

15. Notices

Any notice in terms of these terms and conditions shall be in writing and served by personal delivery or by email. Eskilz College chooses [Insert Eskilz Physical Address] and [info@eskilzcollege.co.za / Insert Email Address] as its physical address and email address respectively for receipt of legal service.

16. Governing law and jurisdiction

These terms and conditions are governed by and construed under the laws of the Republic of South Africa, and you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, South Africa.

17. General

17.1 These terms and conditions constitute the entire agreement between yourself and Eskilz College.

17.2 No failure or delay by Eskilz College in exercising any right under these terms and conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the rights.

1. Definitions

1.1. “applicable law” means the common law and statutory law applicable in the Republic of South Africa including any present or future constitution, decree, judgment, legislation (including the Protection of Personal Information Act, 4 of 2013, the Higher Education Act, 101 of 1997, the Skills Development Act, 97 of 1998, and the South African Qualifications Authority Act, 58 of 1995), measure requirement, order, ordinance, regulation, statute, directive, rule, guideline, practice, concession or request issued by any relevant authority, government body, agency, or department (including DHET, QCTO, SAQA, and relevant SETAs) or any regulatory, self-regulatory or other authority or agency which is applicable to this policy;

1.2. “company” or “college” or “we” or “us” or “our” means Eskilz College (Pty) Ltd (or any associated entity operating Eskilz College), a private education and training provider duly incorporated in accordance with the laws of the Republic of South Africa;

1.3. “data subject” means the natural or juristic person to whom the personal information relates, including students, prospective students, parents/guardians, employees, educators, assessors, moderators, suppliers, sponsors, and corporate clients;

1.4. “information officer” means the college’s designated Information Officer or any Deputy Information Officer appointed in terms of the POPI Act;

1.5. “information regulator” means the Information Regulator established in terms of section 39 of the POPI Act;

1.6. “personal information” means information as set out in section 1 of the POPI Act;

1.7. “policy” means this privacy policy, as amended from time to time;

1.8. “POPI Act” means the Protection of Personal Information Act, 4 of 2013;

1.9. “process” or “processing” means any operation or activity, whether automated or not, concerning personal information, as defined in section 1 of the POPI Act.

2. Purpose

2.1. Eskilz College takes its data protection, student confidentiality, and information security responsibilities very seriously. We are committed to the effective, lawful, and transparent management of all personal information provided to us or collected by us during the course of our educational and business operations.

2.2. The purpose of this policy is to set out the generally accepted principles that apply to the collection, processing, retention, destruction, and sharing of personal information by the college.

3. Personal Information Collected

3.1. The college may collect information from:

Directly from you: Personal details, contact details, academic/educational information (results, transcripts, portfolios), financial information, and survey responses.
Interaction: Data from our website, online portals, and Learning Management Systems (LMS).
Third Parties: Secondary schools, previous tertiary institutions, employers, bursary sponsors, credit bureaus, and statutory educational bodies.

3.2. Special Personal Information: We generally do not process special personal information unless required by law (e.g., SETA/DHET reporting) or with explicit consent.

4. Policy Principles

The college is underpinned by these 8 principles: Accountability, Processing Limitation, Purpose Specification, Further Processing Limitation, Information Quality, Transparency, Security Safeguards, and Data Subject Rights (including the right to access, correct, delete, or object to processing).

5. The College’s Approach (Data Lifecycle)

Our approach manages data across its lifecycle:

Collection: Limited to what is required for educational/regulatory purposes.
Processing: Solely for academic administration, learning management, and statutory compliance.
Sharing: Governed by written agreements; shared with third-party service providers (IT, cloud) or statutory bodies (QCTO, SAQA) only when necessary.
Retention: Retained only as long as necessary or required by legal obligation (e.g., permanent academic records).
Destruction: Securely destroyed or de-identified after retention periods.

6. Direct Marketing

The college does not engage in unsolicited electronic direct marketing. Marketing communication requires prior consent or existing student/client relationship. All communications include a simple opt-out mechanism.

7. Cross-Border Transfer

Data may be stored on cloud infrastructure outside South Africa, compliant with Section 72 of the POPI Act, ensuring adequate protection standards.

8. Security Safeguards

We implement reasonable technical, physical, and organisational measures to secure data. Suspected breaches are reported to the Information Regulator and affected subjects as per Section 22 of the POPI Act.

9. Training

All staff, educators, and assessors are required to understand and comply with this policy. Mandatory annual refresher training is implemented.

10. Contact Us

For questions or rights enforcement, contact the Information Officer:

Email: popia@eskilzcollege.co.za
Address: [Insert Eskilz College Campus/Head Office Address]
Information Regulator: POPIAComplaints@inforegulator.co.za

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