Draft for review. This document is not yet in force. Its final wording is subject to legal review.
ProCourse Learner Terms, version1.0.0-draft.1, not yet in force
Please read these terms carefully. Clauses marked ⚠ limit our liability, place risks or obligations on you, or allow us to end your access. We draw them to your attention as the Consumer Protection Act requires.
1. Who we are
1.1 ProCourse is operated by ProCourse (Pty) Ltd, a private company registered in South Africa, registration number [●]. Directors: [●]. Registered and physical address (including for legal service of documents): [●]. Telephone: [●]. Email: [●]. Website: [procourse.co.za].
1.2 We do not belong to any self-regulatory or accreditation body or subscribe to any code of conduct, other than as stated in our Refund Policy for dispute resolution. [● update if CGSO registration applies].
1.3 ProCourse (Pty) Ltd is not registered for VAT. Our prices include no VAT.
2. What ProCourse is
2.1 ProCourse is an online learning marketplace. Independent instructors and training organisations ("Instructors") create courses. We sell access to those courses to you in our own name. Your purchase contract is with ProCourse (Pty) Ltd, not with the Instructor.
2.2 Instructors are independent. They are not our employees or agents. We review courses before publishing them, but each course's teaching content, opinions and methods are the Instructor's own.
2.3 Courses on ProCourse are not accredited qualifications unless the course page clearly says otherwise and names the accrediting body. Completing a course means you finished its lessons. It is not a certificate, qualification, credit or professional designation.
3. Who can use ProCourse
3.1 You must be 18 or older to create an account or buy a course. By creating an account you confirm that you are 18 or older. ⚠ If we reasonably believe an account holder is under 18, we will close the account and refund any unused purchases.
3.2 You must give accurate information and keep your password secret. You are responsible for activity on your account unless it results from our failure to keep it secure.
3.3 One account per person. Accounts are personal and may not be shared, sold or transferred.
4. Course access
4.1 When your payment is confirmed, you receive a personal, non-exclusive, non-transferable licence to view the course for your own learning. The licence lasts as long as the course remains available on ProCourse, and for at least 12 months from purchase.
4.2 If we remove a course within 12 months of your purchase for reasons other than your breach of these terms, we will give you 30 days' notice where possible and a pro-rata refund for the unused part of the 12 months. Alternatively, with your agreement, we will give you access to a comparable course.
4.3 Instructors may update a course to keep it accurate. Updates must not materially reduce what was described when you bought it. If they do, you may claim under the Refund Policy.
4.4 Free courses may be withdrawn at any time.
4.5 We aim to keep ProCourse available at all times but do not guarantee uninterrupted access. Planned maintenance will be announced where practical.
5. What you may not do
You may not: download, copy, record, screen-capture, share, resell or publish course material except where a lesson expressly allows a download for your personal use. You may not bypass access controls, use bots or scrapers, or upload unlawful or infringing material. You may not harass anyone, or use ProCourse to break any law. ⚠ We may suspend or end your access if you materially breach this clause. Where the breach is not serious and can be fixed, we will first warn you and give you a reasonable chance to fix it.
6. Buying a course
6.1 Prices are shown in South African rand and are the full amount you pay. There are no delivery charges or extra fees.
6.2 Before you pay, the checkout page lets you review your order, correct mistakes and cancel the order. Payment is made through our secure payment service provider. We do not see or store your full card details.
6.3 Your contract is concluded when we confirm your payment. Browser confirmation pages alone are not proof of payment. We grant access only once our payment provider confirms payment.
6.4 Start-now consent. At checkout you may choose to get immediate access. If you start the course (open a paid lesson) within 7 days of purchase, the statutory 7-day cooling-off right in section 44 of the Electronic Communications and Transactions Act no longer applies, because the service began with your consent. You still keep our 7-day refund right in the Refund Policy.
6.5 You receive an emailed receipt. You can view your order history in your account for as long as your account exists, and we keep transaction records as described in our Privacy Notice.
7. Refunds are governed by the ProCourse Refund Policy, which forms part of these terms. Nothing in these terms limits your rights under the Consumer Protection Act or the Electronic Communications and Transactions Act.
8. Reporting content
If you think a course or any material on ProCourse is unlawful, infringes someone's rights, or is harmful or misleading, use the "Report" link or email [●]. Our Reporting and Takedown Policy explains what happens next.
9. Intellectual property
Courses belong to their Instructors or licensors. The ProCourse name, site and software belong to us. These terms give you only the licence in clause 4.
10. Liability ⚠
10.1 We will deliver courses with reasonable care and skill and as described.
10.2 Course content is educational. It is not professional, medical, legal, financial or tax advice for your circumstances. Do not rely on it as such. Get advice from a qualified professional.
10.3 To the extent the law allows, we are not liable for indirect or consequential loss, such as loss of income or opportunity. Our total liability to you for any claim about a course is limited to the amount you paid for that course.
10.4 Nothing in these terms limits liability for our gross negligence, fraud or wilful misconduct, for death or bodily injury caused by our negligence, or anything else the law does not allow us to limit.
11. Privacy
Our Privacy Notice explains how we handle your personal information.
12. Changes to these terms
We may update these terms. Each version is numbered and dated. Each purchase is governed by the version you accepted when you bought. For continuing use of your account, we will tell you about material changes at least 14 days in advance and ask you to accept them. If you do not accept, you may close your account, and you keep access to courses already bought.
13. Closing your account
You may close your account at any time from your settings or by emailing us. Closing your account ends access to your courses. Before closing, we will tell you about any refund you may still be entitled to. We keep some records after closure as the Privacy Notice explains.
14. Complaints and disputes
14.1 Contact us first at [●]. We acknowledge complaints within 2 business days and aim to resolve them within 10 business days.
14.2 If you are not satisfied, you may approach the Consumer Goods and Services Ombud, the National Consumer Commission or your provincial consumer protection authority. For privacy matters, you may approach the Information Regulator.
14.3 These terms are governed by South African law. You may bring proceedings in any South African court with jurisdiction, including the Magistrates' Court.
15. Notices
We send notices to your account email. You send notices to [●]. Legal process must be served at the physical address in clause 1.