TERMS OF SERVICE – INALA SOFTWARE PTY LTD 

EFFECTIVE DATE: [12/07/2023] 

LEARNERS AND FACILITATORS MUST READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES INDICATES THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS. ALL SECTIONS OF THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOU. 

DEFINITIONS 

GENERAL 

1.1 “Agreement” refers to a service level agreement, including all attachments, appendices, and/or schedules, entered into between Inala and the Company, which enables the Company to provide the Services to the Learners and Facilitators through the Platform. 1.2 “Training Provider” refers to the entity that has entered into and executed the Agreement with Inala Software (Pty) Ltd. 

1.3 “Learners” refers to individuals engaged in educational or training activities provided by and for the purposes of these Terms and Conditions refers to Learners of the Training Provider. 1.4 “Facilitators” refers to individuals engaged in educational or training services activities provided by and for the purposes of these Terms and Conditions refers to Facilitators of the Training Provider. 

1.5 “Personal Information” refers to the information provided by the Learners and Facilitators to the Training Provider, which may include, but is not limited to: full name, contact information, educational background, and other relevant data necessary for the provision of the Services. 1.6 “Platform” refers to the interface owned, hosted, and managed by Inala, including the services offered thereon, which encompass educational and training-related services provided by Inala to the Training Provider for the benefit of the Learners and Facilitators. 1.7 “Services” refers to the services provided by the Training Provider to the Learners and Facilitators through their utilization of the Platform. 

1.8 “Inala” refers to [Inala Software (Pty) Ltd], a company duly registered and incorporated in accordance with the laws of [the Republic of South Africa], with registration number: [2023 / 615693 / 07]. 

1.9 “Terms and Conditions” refers to these terms and conditions entered into between the Training Provider and the Learners/Facilitators to access the Services. 

1.10 Any use of the above terminology or other words in the singular, plural, capitalisation, and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 

INTRODUCTION 

1.1 The Services offered on the Platform are operated by Inala, a company duly registered and incorporated in accordance with the laws of the Republic of South Africa, with registration number: [2023 / 615693 / 07].

2.2 These Terms and Conditions are entered into by and between the Learners and/or Facilitators and the Training Provider. Any reference to the Training Provider shall include their employees, consultants, officers, directors, representatives, facilitators, learners, shareholders, affiliates, subsidiaries, holding companies, and related entities. 

2.3 These Terms and Conditions, including any document incorporated by reference herein, apply to any Learner or Facilitator who uses any one or more of the Services, accesses, refers to, views, and/or downloads any information or material made available on the Platform for educational or training purposes. 

2.4 These Terms and Conditions set out the terms and conditions that apply to the Services provided by the Training Provider to the Learners and Facilitators through the utilization of the Platform. 

2.5 The Training Provider will notify the Learners and Facilitators in writing of any changes to these Terms and Conditions or if new Services are added to the Platform. By continuing to use the Services after the Terms and Conditions have changed, the Learners and Facilitators signify their acceptance of these changes. 

2.6 If the Learners and Facilitators do not agree with these Terms, they will not be able to use the Services. 

SERVICES 

GENERAL 

3.1 Inala will provide the Training Provider with notice of any variations or waivers concerning any fees or charges for the use of the Services, as well as the terms and conditions of any such variation or waiver. 

LEARNER/FACILITATOR REGISTRATION 

4.1 Learners and Facilitators are eligible to use the Services once they have completed the registration process, as required by the Training Provider. 

4.2 During the registration process, the Learners and Facilitators will be required to provide Personal Information to the Training Provider and/or the Platform, which will be shared with and used by Inala for the effective provision of the Services through the Platform. 4.3 By registering for the Services, Learners and Facilitators consent to the collection and processing of their Personal Information by Inala and the Training Provider for the purpose of providing the Services. 

4.4 The Learners and Facilitators agree to provide any additional Personal Information or data reasonably requested by Inala from time to time to ensure the continued effective provision of the Services. 

Further details about the personal data that Inala obtains from the Learners and Facilitators and how it is used for the provision of the Services are set out in Inala’s Privacy Policy.

INTELLECTUAL PROPERTY 

5.1 All content on the Platform is protected by copyright, trademarks, and other intellectual property rights owned by Inala or its licensors. 

5.2 The Learners and Facilitators acknowledge and agree that they may not copy, reproduce, modify, distribute, display, perform, or create derivative works from any content or materials obtained through the Services, unless expressly permitted by the Training Provider or by law. 

LIMITATION OF LIABILITY 

6.1 Inala shall not be liable for any direct, indirect, incidental, consequential, or special damages whatsoever arising out of or in any way whatsoever in connection with the use of the Services, including but not limited to any liability for errors, inaccuracies, or omissions in any content or materials provided on the Platform. 

6.2 The Learners and Facilitators acknowledge and agree that Inala is not responsible for the conduct, whether online or offline, of any Learners or Facilitators utilising the Services. 

GENERAL PROVISIONS 

7.1 These Terms and Conditions constitute the entire agreement between the Learners and/or Facilitators and the Training Provider regarding the use of the Services, superseding any prior agreements or understandings. 

7.2 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 South Africa. 

7.3 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be severed from the Terms and Conditions, and the remaining provisions shall survive and remain in full force and effect. 

7.4 The failure of the Training Provider to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision whatsoever. 

7.5 These Terms and Conditions may be assigned by the Training Provider to any affiliated entity or successor in interest without the Learners’ or Facilitators’ consent. 

By using the Services, the Learners and Facilitators acknowledge that they have read, understood, and agreed to be bound by these Terms and Conditions.