Institutional Terms and Conditions

1. Definitions:
   1. IQ – IQ Academy (Pty) Ltd, registration number 2006/033114/07;
   2. IQ Regulations – the regulations of IQ, setting out the Rules, Policies and Procedures of IQ, and in respect of any Faculty or Programme;
   3. Admission Application – the request of the Student to be admitted to IQ and to enrol for a Programme, which requests shall take the form of a digital online application, verbal or written agreement and include these terms and conditions;
   4. Admission – the formal process of IQ whereby it registers a student on a Programme;
   5. Agreement – the Agreement, digital, voice recorded or written, concluded between IQ and the Student once the Student’s Admission Application has been approved by IQ and will consist of Admission Application read together with these Terms and Conditions and IQ Regulations;
   6. Assessment – the prescribed and/or compulsory forms of gathering evidence of student’s work and knowledge to measure and make judgments about the achievement or non-achievement by the student of the standards needed to complete a module/Unit Standard/Programme, and which shall take the form of either a Formative Assessment or a Summative Assessment;
   7. Formative Assessment/Portfolio of Evidence – assessment that takes place during the process of learning and teaching, in the form of assignments, projects, and/or tests taken during the course; the body of compulsory work to be completed by the Student as part of the completion of the Programme, a Module, any Unit Standard forming part of any Programme, and which is submitted either to IQ or the regulatory or quality assurance body for evaluation;
   8. Full Programme Fees – consists of application, registration, service and module fees;
   9. Parties – IQ and Student, and in certain circumstances the Sponsor, which may be a parent or guardian of the Student;
   10. Personal Information – means “personal information” as defined in POPI;
   11. POPI – The Protection of Personal Information Act 4 of 2013;
   12. Processing – means “processing” as defined in POPI;
   13. Programme – the Programme/qualification/short course/micro course or programme of study presented by IQ and to which the Student is applying to be admitted on and enrolled by IQ, and for which the Student is to academically complete for the recognition type applicable;
   14. Platforms – Any online accessible technology systems, including, but not limited to our website, online enrolments, self service application, student portals or any of our social media channels;
   15. Qualification – means the formal recognition of the achievement of the required number and range of credits and such other requirements at specific levels of the National Qualifications Framework as may be determined by the relevant bodies registered for such purpose by the South African Qualifications Authority (SAQA)
   16. Services – Any service delivered by IQ, including but not limited to in person, telephonic, online or through the use of technology, which the Student enjoys as part of their studies with IQ.
   17. Student – the person who is submitting the Admission Application to IQ for enrolment in one of the Programmes, Short Course which is presented by IQ or any of its partners;
   18. Summative Assessment – assessments for making a judgment about achievement, which are carried out towards or at the end of a Programme;
   19. Sponsor – the person that agrees to be held liable for the Programme Fees on behalf of the Student;
   20. Short course – a relatively short learning programme for which no credits are awarded, and it is not registered by the South African Qualifications Authority (SAQA). The course type is developed, and quality assured by IQ and is an avenue for students to develop key skills and knowledge in an area.
2. ADMISSIONS
   1. The Parties enter into this agreement with the understanding that the student is applying to be admitted into a Programme offered by IQ and will study towards an academic award or certification.
   2. By submitting an admission application and having it accepted by IQ, the parties establish a binding agreement for the Student to register and be admitted into the Programme of their choice. IQ reserves the right to approve or decline any Admission Application in its sole discretion, but the student has the right to request and receive reasons for a decline in accordance with the Programme’s admissions policy outlined in IQ’s regulations.
   3. IQ may provisionally admit a student based on the information provided, but the student must submit certified copies of their identification and proof of highest qualifications by a stipulated deadline or risk having their provisional admission cancelled. It is the student’s responsibility to submit these documents in a timely manner. If provisional admission is cancelled, the student will be liable for all fees outlined in the deregistration policy and clause 8.
   4. This agreement consists solely of the Admission Application and IQ’s regulations. Once completed and submitted by the student, the Admission Application constitutes an unconditional offer from the student for acceptance or non-acceptance by IQ. This offer remains open until one of the following occurs:
      • IQ accepts the offer and communicates the decision to admit and register the student to the Programme;
      • The student withdraws their application in writing to IQ;
      • IQ determines that the student does not qualify for admission to the Programme and communicates this decision;
      • The student breaches any IQ regulations in making the Admission Application.
   5. The parties waive the right to rely on any alleged provisions not outlined in this agreement. The student acknowledges that they may not transfer, cede, or assign any of their rights or obligations under this agreement to any third party. The parties agree that no changes to this agreement are valid unless agreed upon in writing.
3. FEES AND PAYMENT
   1. The student agrees to pay all fees outlined in the fee schedule provided by IQ, which may include tuition, registration, examination, and other related fees.
   2. The student agrees to pay all fees in full before the start of the Programme or as outlined in the payment plan agreed upon with IQ or partners.
   3. The payment plan is independent from the Programme/course term and is selected at the discretion of the Student/Sponsor. IQ reserves the right to adjust fees at any time but will provide advance notice to students of any such changes.
   4. If a student defaults on payment of fees, IQ may act as outlined in clause 8, iQ debt collection policy, including but not limited to, suspending access to a Programme, withholding transcripts, denying access to examinations and classes, delaying Certification, and referring the debt to a collection agency for recovery.
   5. The Student is responsible for any additional costs, such as textbooks, course materials, and any other expenses related to the Programme, which are not explicitly included.
   6. Any fee discounts, bursary or scholarships awarded to a Student may be rescinded if the student fails to meet the conditions of the award or non-adherence to these terms and conditions.
   7. The student is responsible for any bank charges incurred in the transfer of fees to IQ.
   8. Fees paid to IQ are non-refundable, except as outlined in the Refund Policy.
   9. All registration fees are paid in advance and are non-refundable, should the Student withdraw from the Programme after the 7 (Seven) days cooling off period as specified in clause 8 below.
   10. The Programme Fees include the following:
       • The Programme registration fee, initial programme materials, including delivery of materials and access to online learning portals, Tuition fees for the duration of the Programme, where applicable, regulatory or quality assurance registration fee, as applicable to the Programme, exam fees for one exam per module or unit standard within the Programme, marking, moderation, of first assessments attempts, if assessed by IQ, monthly account management costs such as collection costs, student services, and support during office hours Monday to Friday.
   11. The Full Programme fees exclude the following:
       • Any replacement study materials and re-dispatching costs, re-assessment fees for any formative assessment due to late submission, non-achievement, or for any reason related to a student’s negligence, Exam fees for any additional or failed modules, or for any re-write or non-completion by the student, re-registration fees for a module or the full Programme, postage for any items or correspondence sent by the student to IQ or its agents, any interest and collection costs if the student’s account is handed over to a debt collection company.
   12. The full Programme fees outlined in the admission application are due and payable upon:
       • Completion of the enrolment process and entering into the Agreement, subject to the student’s limited right of withdrawal outlined in Clause 8. Provisional enrolment process: upon enrolment, subject to the student’s limited right of withdrawal.
   13. Fees may be structured and deferred over a period as agreed upon by both Parties (Payment Plan). The student/sponsor remains liable for the full Programme fees if the student fails to complete the Programme.
   14. Re-registration fees are payable in full and in advance, and students must make full payment before being able to register and continue their studies.
   15. Services included in this agreement will only be available if payments are up to date. IQ reserves the right to revoke or suspend Programme access in the event of non-payment of fees. Any Student whose fees are in arrears for more than three months may be deregistered from their Programme, unless alternative payment arrangements have been agreed upon and honoured by the Student/Sponsor.
   16. The Sponsor may not transfer or substitute their rights or obligations under this agreement to any other person.
4. RULES & REGULATIONS
   1. The Student agrees to fully comply with IQ’s regulations, including any rules, policies, and procedures that may be amended by IQ at any time in its sole discretion.
   2. It is the student’s responsibility to familiarize themselves with IQ’s regulations.
   3. The Student may request updated copies of these regulations as they become effective.

   4. All Academy Regulations are available on request.

5. DELIVERY OF PROGRAMME MATERIALS
   1. Study material will be delivered and made available on the online student portals. If physical learning materials are applicable it will be delivered within 21 working days of receipt of any stipulated registration documentation, as well as the deposit or the first instalment, or payment of the Full Programme Fees from the Student or Sponsor.
   2. It is important to take note that no printed study materials will be provided on Programmes offered ONLINE or selected as online by the student. All course works and books for Higher Certificates and Short Courses are available online through the portals.
   3. In the event that the Student elects to purchase textbooks/learning materials through one of IQ’s partners, it is the Student responsibility to ensure they follow the prescribed process to ensure timeous delivery.
   4. The IQ Diploma has a recommended booklist, that specifies textbooks which the student has to purchase and are not part of the course fees. The booklist will be provided to the student upon registration.
6. PROGRAMME CHANGES
   1. The Student may request a change in their Programme by providing written notice to IQ and paying the Programme change fee within the specified time limit.
   2. The change will only be deemed made if the Programme change fee is paid before the deadline and IQ has received the written notice.
   3. The Student may change their Programme subject to the following conditions:
      • Programme materials have not been sent for delivery and no academic submissions have been made at no fee.
      • If Programme materials were delivered, the Student will be liable for the payment of a Programme change fee per change, the cost of which is available upon request.
      • If the Student has completed an assessment and/or a summative, they will have to be deregistered from their current Programme and normal deregistration fees will apply. The student will also have to submit a new admission application for the new Programme.
7. PROGRAMME DURATION AND EXTENSION
   1. It is the Student’s responsibility to ensure they are fully aware of the prescribed time limit for completion of the Programme, as specified in the study materials, and must adhere to them strictly.
   2. If the Student foresees a failure to complete the Programme within the specified duration, they must submit a written application to the Registrations Office, outlining the reason for non-completion and requesting an extension of time.
   3. Extension applications must be received 30 days before the prescribed time limit expired. No extensions will be granted after the expiration date, and IQ may, at its sole discretion, allow an extension of time up to a maximum of 6 (six) months.
   4. Fees and other administrative matters are disclosed in the Programme rules in the study materials and are available upon request.
   5. The Student is aware that the assessment, moderation, release of marks and/or certification for formative and summative assessments are in some Programmes, in whole or in part, the responsibility of the applicable regulatory, partner, or quality assurance body and will be subject to and dependent on those bodies’ rules, regulations, and policies. Any queries, objections, or results enquiries relating to such assessments should be taken up directly with the applicable body and not with IQ.
   6. IQ may from time to time appoint authorized agents to act on its behalf to fulfil certain administrative functions, but it will not delegate any of its academic obligations to the student or any other educational obligation that is required by law to be fulfilled by IQ specifically.
8. WITHDRAWAL, ACADEMIC EXCLUSION & TEMPORARY SUSPENSION
   1. A Student may withdraw from this agreement on the conditions outlined in this clause after acceptance of the Admission Application by IQ.
   2. All withdrawal requests must be made in writing and submitted to IQ on or before the prescribed dates.
   3. The student may withdraw within 7 days (cooling-off period) after admission at no fee.
   4. If cancelled within the cooling-off period, the student must return all physical study materials received within 30 days, and any downloaded copies of learning materials must be deleted.
   5. If the student withdraws/deregisters after the 7-day cooling-off period, a withdrawal/deregistration fee will be applicable, calculated by considering the registration fee, full cost of the study material, and service fees.
   6. The Student or Sponsor will be liable for any outstanding balance at the date of withdrawal.
   7. A Student’s registration may temporarily be suspended for non-payment of fees, non-adherence with IQ regulations, disciplinary actions, or failure to complete the Programme within specified time limits.
   8. During this temporary suspension, the student may be suspended from the online portal, refused entry into exams, have results withheld, and be denied access to tutorials, support, and other activities pending the resolution of the suspension matter.
   9. A Student may be academically excluded for non-payment of fees, non-adherence with IQ regulations, disciplinary actions, failure to complete any Assessment, or failure to complete the Programme within specified time limits.
   10. Any academic exclusion is final subject to any appeal by a Student. Any such appeal must be made within 5 working days of notification of exclusion and must be made in writing and set out clearly any relevant circumstances which led to such exclusion.
9. COMMUNICATIONS AND STUDENT DETAILS
   1. It is the Student’s responsibility to familiarize themselves with the specific communication channels for their Programme or course. IQ will not be held responsible if the student sends information to the incorrect address. The contact details for IQ are provided in the Programme materials.
   2. The Student must notify IQ in writing of any changes to their personal details before any changes take effect, such as change in their physical address, postal address, email address, cellular phone number, or any other contact details, as well as any change in their employer.
   3. The Student agrees that IQ or its authorized agents may communicate by email, telephone, WhatsApp, or SMS. These methods will be regarded as a valid method of sending any administrative communication in relation to this Agreement.
   4. IQ or its agents will dispatch all supplementary study material, notices, certificates and any other documents that IQ is obliged to provide the student (“the Programme correspondence”) to the addresses of the student nominated by the student in this application.
   5. By accepting the marketing opt-in, the Student agrees to receive communication from IQ and its partners about news, special offers, and other products. The student may opt out of marketing communication by following the optout process or emailing us.
10. COPYRIGHT, INTELLECTUAL PROPERTY AND IQ PROPERTY
    1. Copyright subsists in the study material and all supplementary materials. Any unauthorized reproduction, copying, and/or distribution of the study material are acts of copyright infringement and make the student liable for civil law copyright infringement and may in certain circumstances make the student liable for criminal prosecution. The student also understands that the study material is solely for their own use and may not be passed on.
    2. All rights, title, and interest in and to IQ Platforms and Services, including websites, portals, existing or future applications, APIs, databases, and the content provided by IQ’s employees or partners through their services, are and will remain the exclusive property of IQ or its partners. These Platforms and Services are protected by copyright, trademark, and other laws of South Africa and foreign countries.
    3. Nothing grants any person any rights to use the IQ name or any of their trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions provided regarding IQ or their services is entirely voluntary and IQ will be free to use such feedback, comments, or suggestions as they see fit and without any obligation to the Student.
    4. While using any of IQ’s platforms or Services, the Student may not:
       • access, tamper with, or use non-student areas of the platform (including content storage), IQ’s computer systems, or any private systems owned and/or operated by IQ
       • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of IQ’s systems
       • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content within IQ’s platform or services
       • access or search or attempt to access or search IQ’s platform by any means (automated or otherwise) other than through IQ’s currently available search functionalities that are provided via their website, mobile apps, or API (and only pursuant to those API terms and conditions)
       • Scrape, spider, or utilize other automated means of any kind to access the Services, including but not limited to accessing API endpoints for which Customers have not been provided authorization.
    5. The Student shall not use the study material or any part thereof for any commercial purpose.
    6. IQ reserves the right to terminate this Agreement, if the Student is found to be in breach of any of the provisions of this clause.
    7. The Student agrees to indemnify and hold harmless IQ, its directors, officers, employees, agents, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Student’s use of the study material or any part thereof or any breach of this Agreement.
11. DISCLAIMER
    1. The Institution offers both Short Course Programmes and Qualifications. By the Student making application and through the process of IQ accepting the Application, the Student declares that he/she is fully aware of the accreditation status of the programme/short course that he/she has registered for.
    2. By the Student making application and through the process of IQ accepting the Application, the Student declares that he/she is aware that the language of tuition at IQ is English.
    3. By the Student making application and through the process of IQ accepting the Application, the Student declares that he/she is aware of the mode of delivery of the Programme.
    4. IQ will not be liable for any loss or damage of any nature suffered by the student or any third party as a result of the student’s use of IQ’s platforms or services, whether direct or indirect, including without limitation, any loss of income or revenue, loss of business, loss of profits, loss of goodwill, loss of data, or any other indirect or consequential loss.
    5. The Student agrees to indemnify IQ, its employees, agents, contractors, licensors, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the student’s use of IQ’s platforms or services, the student’s violation of these terms or any other policies or guidelines of IQ, or the student’s violation of any rights of any other person or entity.
    6. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflicts of law.
    7. In summary, the agreement states that the student is responsible for familiarizing themselves with the rules and regulations of the institution, and that they are liable for any fees and expenses associated with the Programme. The student is also expected to comply with copyright laws and not reproduce or distribute the study material provided. The Institution is not liable for any damages or loss suffered by the student as a result of their use of the institution’s platforms or services. The student is also responsible for any claims or damages that may arise from their use of the platforms or services and must indemnify the institution. The agreement is governed by the laws of South Africa.
    8. IQ make no guarantees as to the availability of any specific Platform or Services or as to any minimum amount of content in any Programme it may offer. At any point in the future, we reserve the right to offer or cease to offer additional features or Services, or to otherwise modify or terminate a Service or Platform at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any of our platforms other than information required by our regulators.
    9. The Student understands that the Services and learning content provided by the institution are on an “as is” and “as available” basis, and that the institution does not make any representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or learning content. The student also accepts that they will not have any recourse against the institution in case of any issues with the Services or learning content.
    10. IQ reserves the right to cease making certain features of the Platforms and Services available at any time and for any reason and will not be held liable for any damages due to such interruptions or lack of availability of such features.
    11. IQ is not responsible for any delay or failure in the performance of the Services caused by events beyond its reasonable control, such as acts of war, natural disasters, power outages, or government restrictions.
12. LIMITATION OF LIABILITY AND INDEMNIFICATION
    1. By using our Services, you acknowledge and accept that there may be risks involved. This includes the possibility of injury if you access wellness content in our Do Life programme. If you suffer any loss or damage while using our Platform or Services, you will not be able to seek damages against IQ. The IQ group and our group companies, suppliers, partners, and agents will not be liable for any indirect, incidental, punitive, or consequential damages to the extent allowed by law. This includes, but is not limited to, loss of data, revenue, profits, business opportunities, or personal injury or death. Our liability, and the liability of the group companies, suppliers, partners, and agents, is limited to a maximum of the amount you have paid us in the past for any Programme. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages.
    2. If your actions result in legal claims against IQ, we reserve the right to exercise legal recourse against you. You agree to indemnify, defend (if requested), and hold harmless IQ, our group companies, and their officers, directors, suppliers, partners, and agents from any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from your content, use of our services, violation of these terms and condition, or violation of any rights of a third party. Your indemnification obligation will continue even after the termination of these terms and your use of our services.
13. AT OWN RISK
    1. By using IQ’s Platforms and Services, you acknowledge that there are risks associated with accessing course materials, interacting with other Students and staff, creating and publishing of any content. You use these platforms at your own risk.
    2. During a student’s studies they may be exposed to content that is offensive, indecent, or objectionable. IQ is not responsible for protecting you from such content and is not liable for your access or enrolment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health and wellness. You assume full responsibility for the choices you make before, during, and after accessing such content.
    3. When interacting with other students or IQ staff/contractors, it is important to be careful about the personal information that you share. IQ does not control what students do with the information they obtain from other users on the platform, and you should not share your email or other personal information for your safety.
    4. IQ takes reasonable care in its recruitment and contracting of staff, but is not responsible or liable for any interactions between staff and students outside of the scope of employment and delivering services. Any conduct that takes place outside of IQ’s scope is not the responsibility of IQ. If you believe conduct is questionable you are obliged to report this to IQ immediately for investigation.
    5. Our Programmes and Services may contain links to other websites that IQ does not own or control. IQ is not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should read their terms and conditions and privacy policies.
14. PROMOTIONS
    1. IQ or our partners may offer specials and promotions to students as a way to incentivize and reward participation in our Programmes. The terms and conditions, as well as any expiration date, will be specified with any promotional special.
    2. It is important to note that these promotions, as well as any promotional value linked to them, may expire if not used within the specified period. Additionally, gift and promotional codes offered by IQ cannot be exchanged for cash. For promotions offered by our partners, their policies will apply.
    3. IQ reserves the right to modify or cancel any promotion, special or codes at any time and for any reason. Any unused portion of the promotion at the time of cancellation will be forfeited.
    4. IQ also reserves the right to deny or revoke any promotions or special offer that it believes have been obtained or used through fraudulent or unauthorized means.
15. COMPLAINTS AND DISPUTES
    1. We strive to provide a high level of service, care, and professionalism that can be reasonably expected from IQ. If you believe we have failed to meet this standard, please contact us first to allow us the opportunity to resolve the complaint through consultation.
    2. Students may submit any disputes or complaints in writing to Registration Office at studentadmin@iqa.ac.za
    3. Any disputes arising from this Agreement will be handled through IQ’s quality management process.
    4. If the parties are unable to resolve any disputes through consultation, they agree to resolve any claims related to these terms through final and binding arbitration, regardless of the type of claim or legal issue. If one party brings a claim in court that should be arbitrated and the other party refuses to participate, the other party can request the court to compel arbitration. Either party can also ask the court to halt court proceedings while an arbitration is ongoing.
    5. The Parties agree to submit the Dispute for mediation by a mediator mutually selected by the Parties. If the Parties are unable to agree upon a mediator within 5 (five) Business Days from the date on which a Party demanded mediation in writing, then the mediator shall be appointed by the chairman for the time being of the Arbitration Foundation of Southern Africa (hereinafter referred to as “AFSA”). Such mediation shall be held in camera, in English, in East London, and in accordance with the rules determined by the mediator and the timeframes agreed to by the Parties and the mediator.
    6. If the Parties fail to resolve the Dispute by way of mediation as referred to in clause (15.5 & 15.5) above, the Dispute shall be submitted to a court of competent jurisdiction.
16. GENERAL
    1. No failure by either Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself, or be used as an estoppel against any party in respect of its rights under this Agreement.
    2. These terms and conditions along with IQ Regulations forms the entire agreement between the parties and no amendment will be valid unless reduced to writing and signed by both parties.
    3. From time to time, we may update these terms to clarify our practices or to reflect new or different practices (such as when we add new features), and IQ reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
    4. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised term and condition shall supersede all previous terms.
    5. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.
    6. Any notices to be given to IQ in terms of this Agreement shall be in writing and delivered by hand during ordinary business hours, or dispatched by email during normal business hours or sent by pre-paid registered mail to the addresses specified below, which addresses IQ choose as their domicilia citandi et executandi for the delivery or service of all notices, communications or legal processes arising out of this Agreement.
    7. IQ domicilia citandi et executandi: 57A Western Avenue, Vincent Park, East London, info@iqa.ac.za
    8. The Student elects their domicilia citandi et executandi as the address and details completed by or provided by you in the application process.
    9. Every notice shall be deemed to have been properly given, in the absence of proof to the contrary; if delivered by hand, on the business day following the day of delivery; if sent to a party at its telefax number, on the business day following the day of transmission; and if sent by pre-paid registered mail, it shall be deemed to have been received 5 (five) days after it is mailed. The parties shall be entitled to change the addresses referred to in this clause from time to time by providing written notice of such change to the other party.

PERSONAL INFORMATION

1. This section must be read with IQ’s privacy policy and any other related policy.
2. In terms of POPI, IQ has a legal duty to Process the Student’s Personal Information in a lawful, legitimate and responsible manner. In order to do so, IQ requires the Student’s express and informed consent to Process his/her/its Personal Information. The reason for IQ collecting and processing the Student’s Personal Information is to enable it and/or its appointed agents or service providers to:
   • perform appropriate checks and verifications of the Student’s qualifications, credit history and solvency status;
   • conclude the Agreement with the Student in respect of the Programme, fulfil its obligations and exercise its rights in terms thereof, including but limited to, the functions of administering, provisioning, teaching and learning, billing and reconciliation, maintenance, collections and support required in terms of the Agreement and/or the applicable Programme;
   • conduct product and service development and improvements; enable and facilitate fraud detection and prevention; monitor sales and revenue; perform market, customer and customer use analyses and to report thereon;
   • comply with the applicable tax and financial legislation applicable in the Republic of South Africa; retain certain records and to report to regulatory authorities in accordance with applicable laws in the Republic of South Africa;
   • notify the Student of IQ’s existing and new product and/or services offered, subject to the Student’s right at any time to opt out of such communication;
3. All Personal Information which the Student provides to IQ will be held and/ or stored in a secure manner for the purpose of enabling IQ to deliver the Programme to the Student in accordance with the terms of this Agreement.
4. The Student’s Personal Information will be stored electronically in a database. For the purpose of improving the overall quality of the Programme and support thereof, the aforementioned database will be accessible to IQ and it’s appointed agents and/or service providers:
   • Such appointed agents and/or service providers will be obliged to handle the Student’s Personal Information in accordance with the same standards and security measures as those required and adopted by IQ.
   • IQ may be required to transfer the Student’s Personal Information to an agent and/or service provider, who operates in a foreign country, in order to deliver the Programme to the Student. In such instance, the Student hereby consents to the transfer of his/her Personal Information subject to 13.4.3 below.
5. Where the Student’s Personal Information is required to be transferred to a foreign agent and/or service provider, IQ will ensure that such information is protected by law and in terms of a binding agreement that ensures adequate levels of protection are afforded to the Student’s Personal Information.
6. Where appropriate or required by law, certain Personal Information may be retained in hard copy. Storage will be secured and audited regularly to ensure the safety and security of the information stored therein.
7. Once the Student’s Personal Information is no longer required, it will be safely and securely archived for the minimum period permissible by law. Thereafter, all the Student’s Personal Information will be permanently de-identified, deleted or destroyed.
8. In terms of section 11(3) of POPI, the Student has the right to object, within the prescribed manner, to the Processing of his/her/its Personal Information by IQ. Section 11(1)(d) to (f) provides for reasonable grounds upon which such an objection may be raised unless legislation otherwise provides for such Processing. Upon receipt of a written objection, IQ shall be prevented from Processing such Personal Information until such time as the objection raised has been resolved and/or withdrawn by the Student.
9. In terms of the Electronic Communications Act, 2005 (No.36 of 2005),a customer has the right to lodge a complaint against IQ with the Information Regulator as to the manner in which his/her Personal Information has been Processed. The Student is directed to IQ’s Privacy Policy and PAIA manual located on its website.
10. The provisions of POPI require that the Personal Information and related details supplied by the Student to IQ be complete, accurate and up-to-date. It is the responsibility of the Student to advise IQ of any changes to his/her/its Personal Information, as and when such change arises.
11. Provided that a request complies with the procedural requirements stipulated in section 51 of the Promotion of Access to Information Act 2 of 2000, the Student has the right to request that IQ provide him/her/it with the following information:
    • the details of any Personal Information held by IQ on the Student’s behalf; and
    • the details of how IQ has Processed the Student’s Personal Information.
12. Personal Information will be Processed in accordance with IQ’s privacy policies (located on its website www.iqacademy.ac.za), which will conform with the requirements imposed upon it by POPI, as amendment from time to time. The Student freely and voluntarily provides IQ and its agents and/or service providers with consent to Process its Personal Information, in accordance with the provisions of this Agreement. Privacy Policy and of POPI. The student acknowledges that it understands the purposes for which such Personal Information is required and the manner in which it will be Processed, and consents to the Processing thereof. It is the student’s responsibility to communicate with IQ of any changes to their personal information which affect their data held. IQ will on a regular basis request updates and it is the responsibility of the student and the Sponsor to update their respective information when requested.

PAYMENT PLANS: DEBIT ORDER TERMS AND CONDITIONS

1. In the event that you chose to take up a scheduled payment plan you agree to the following terms and conditions:
2. I/We hereby authorise IQ Academy (Pty) Ltd (“IQ”), its successors in title, or any payment/collecting agent appointed by IQ, to withdraw funds from my/our Designated Bank Account, in respect of all amounts which are now or may from time to time in the future be due and payable by Me/Us to IQ arising from My/Our future obligations in terms of all agreements already entered into or still to be entered into by Me/Us with IQ.
3. I/We hereby authorise my/our bank to accept all debits levied by IQ in terms of this authorization and to debit the Designated Bank Account and to regard such debits as if given and signed by Me/Us personally and any such withdrawals shall have the same effect as if I/we personally made them.
4. I/We hereby authorise IQ to give notice to my named bank of these agreement(s), on My/Our behalf, which notice is to be regarded as if having been given by Me/Us personally. I/We undertake to pay any costs, including bank charges, which may result from this debit order authorisation.
5. This debit order authorisation will remain in force despite any transfer of the debit account to any other branch. Payment in terms hereof will only cease after I/We have given 30 days’ notice in writing sent to IQ and My/Our bank by prepaid registered post, provided that My/Our indebtedness to IQ in terms of the Loan Schedule referred to in clause 2 has been repaid in full.
6. I/We understand that I/We will not be entitled to any refund of amounts which IQ has withdrawn while this debit order authorisation is in force or there exists an outstanding balance owed by Myself/Us to IQ. I/We hereby consent that I/We shall not be entitled to repayment of any amount withdrawn by IQ while this authorization was valid. I/We hereby consent that the onus to prove that any amount withdrawn in terms hereof, was not due to IQ, shall rest on Me/Us.
7. I/We hereby acknowledge that I/We shall not hold IQ liable for any loss, damages or liability that may arise because of any default or late payment by me/us in terms of this debit order authorisation. I/We hereby hold IQ harmless against all costs, charges, expenses, losses and damages which IQ may suffer because of My/Our bank acting in accordance with this debit order authorization and against any claim by any party arising from the performance or non-performance in terms of this debit order authorisation.
8. I/We hereby indemnify IQ against any interest, costs or losses and/or other damages that IQ may suffer/incur arising from refusal by Me/Us or our above-named bank to accept a debit levied in terms of this debit order authorization. I/We also indemnify IQ against any losses and/or damages which it may suffer because of the execution of this debit order authorisation.
9. I/We shall be responsible for ensuring that the Designated Bank Account nominated for deduction in terms of debit order authorization shall not be closed or inaccessible for any reason.
10. The individual payment instructions so authorised to be issued must be issued monthly/bi-weekly/weekly on the date when the obligations in terms of the Repayment Schedule is due. I/We consent that if the debit order amount initially stated must be reduced/increased from time to time (for reasons which shall include the recovery of any arrears amounts), IQ may amend the amount debited against the Designated Bank Account accordingly. IQ shall furthermore have the right to withdraw from time to time larger/smaller amounts than those authorized in terms hereof against the Designated Bank Account to cover such amounts which are due and payable to it. When a deduction is requested from the debit account and there are insufficient funds available, I/We hereby agree that IQ may collect the due amount and partial amounts from the debit account on any other date that IQ may deem necessary, alternatively, IQ shall be entitled to continue requesting such deduction each and every day after the date on which the deduction was originally requested, until the full instalment has been collected, in partial deductions or otherwise.
11. I/We, hereby authorise that the date of deduction may be different to the initial date specified.
12. I/We hereby agree that unless advised to the contrary by me/us, IQ may adjust any deduction date for payment purposes during periods with special circumstances such as during the month of December, to coincide with my actual salary payment date which IQ will be entitled to assume to be the last business day that precedes the 5th day of such month. If My/Our designated pay date falls on a Saturday, Sunday, Monday or a Public holiday, IQ will be entitled to adjust my pay date to the last business day preceding the Saturday, Sunday, Monday or Public holiday.
13. I/We understand that the withdrawals hereby authorised will be processed by computer through any electronic means and I also understand that details of each withdrawal, accompanied by a short description (which will be forwarded to me), will be printed on my bank statement or on an accompanying voucher. I/We agree to pay any bank charges relating to this debit order instruction. Receipt of this instruction by IQ shall be regarded as receipt thereof by My/Our bank.
14. I/We acknowledge that this authority may be ceded or assigned to a third party if the right, title and interest in and to the basis of my indebtedness recorded in this agreement is also ceded or assigned to such third party. Should the Student default on any instalments this agreement may fall under the National Credit Act and interest may be charged.