Welcome to Surgo Learning Academy 

1.1. These “Terms” establish the conditions that regulate your utilization of products and services from Surgo Learning Academy, which encompass website services and course materials. Moreover, these terms encompass your enrolment in any course or program (“Course”) provided by Surgo Learning Academy, under the ownership and operation of Surgo (Pty) Ltd. 

1.2 Tax documents, rebates related to taxes, forms for claiming subsidies, and employer compensation: Please take note that Surgo Learning Academy provides courses that are both credit-bearing and non-credit-bearing. Additionally, the management of these courses is overseen by Surgo Learning Academy on behalf of Surgo (Pty) Ltd. It’s important to recognize that Surgo (Pty) Ltd might not be considered an “educational institution” for tax purposes within your jurisdiction. If your employer offers compensation for educational courses, it’s your responsibility to confirm whether this specific course satisfies their compensation criteria. Similarly, it’s up to you to determine if these courses are eligible for a tax rebate. Surgo Learning Academy will not issue or complete any tax or related forms.

Accessing Surgo Learning Academy

2.1. Acceptance: By clicking on the “I Accept the Terms and Conditions” button when signing up for a Course, you agree to be bound by these “Terms”.  

2.2. Precise Details: Every piece of information (including personal data) supplied during registration, account creation, or utilization of Surgo Learning Academy services and Courses must be truthful, precise, and comprehensive. It is also your duty to inform us promptly of any alterations to your information, such as your name or address. The handling of all personal data will adhere to the guidelines outlined in the Protection of Personal Information Act, Act 4 of 2013 (“POPI”). 

2.3. Grant of License: In accordance with these Terms and upon the payment of any relevant charges, we provide you with a restricted, individual, exclusive, non-transferable, and revocable license to utilize our services and products. This license encompasses all services linked to our Courses and the Online Academy platform used for accessing Course content. 

2.4. Course Suitability Assessment: Prior to enrolling in any Course, it is your responsibility to evaluate the pertinence and appropriateness of the Course to meet your specific needs. This assessment can be achieved by reviewing the information provided on our website and seeking clarification through inquiries if needed. 

2.5. Commencement of Course: You will only be allowed to purchase a course after completing the full registration through the Online Academy. You will only receive confirmation of your registration for a Course, and be allowed access to the Online Academy, once you (or your sponsor) have made the required  payment for the Course in full through the payment gateway on the Online Academy unless otherwise specifically stated and confirmed by an authorised representative of Surgo Learning Academy).  

2.6. Age Restrictions: Individuals under the age of 18 are ineligible for registration on any facilitated Course registration.  The self-study online courses do not have an age restriction

Course Requirements

3.1 Essential Prerequisites: To successfully enroll, access specific support, and successfully finish a Course, fluency in English is necessary. Additionally, you should possess an active and valid email account, as well as have access to a computer and the internet. 

3.2 Further Obligations: It is your responsibility to acquire and secure access, at your own expense, to the necessary software and materials essential for the successful completion of the Course. We disclaim any responsibility for outcomes arising from the utilization of said software or materials. Our association with the entities behind these software and resources, unless explicitly stated otherwise, implies endorsement nor affiliation – these are chosen based on their global application and efficacy for achieving Course objectives. We retain the right to modify the requirements for a specific Course, and we will communicate such changes through the relevant Online Academy or via email to your designated email address. 

3.3. Verification of Identity: During the Course Presentation, you may be requested to validate your identity using an official identification document that corresponds to the name provided during registration. This verification is carried out for authentication and documentation purposes. Acceptable forms of identification include a national identity card/book, passport, or birth certificate. Surgo Learning Academy employs a third-party identity verification service. In cases where your course requires identity verification, failure to submit valid identification as per standard verification procedures will lead to either limited access to specific Course components or the withholding of your Certificate or other credentials upon successful course completion. It’s important to note that the name provided on the submitted identification document will be the name displayed on any credentials issued to you upon successful course completion. 

3.4. Academic Records: Surgo Learning Academy reserves the right to, based on written justifications related to unpaid fees to Surgo Learning Academy, misconduct, or other valid impediments, exercise the option of declining your Course registration, expelling you from the Course, suspending your participation in the Course, or withholding your credentials upon successfully completing the Course.

Course Delivery

4.1. Language Medium: English serves as the main language for both instruction and administrative purposes across all Courses. Unless otherwise specified, all coursework essential for assessment must be composed in English. This guideline extends to communications posted on the chat forums as well. 

4.2. Correspondence: Surgo Learning Academy representatives may utilize telephone, email, or text messages to communicate with you for matters pertaining to Course administration and relevant purposes. This encompasses notifications about upcoming assignments, pending payments, as well as other information associated with your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).  

4.3. Entry to the Online Campus: Once you have successfully registered for a Course, a dedicated profile will be established for you on the Online Academy. If you already possess a profile, it will be used for the new Course. In instances where your participation in a Course is suspended (due to unpaid fees or other valid reasons), access to your profile on the relevant Online Academy may also be suspended. Kindly be aware that there might be a time lapse between registration and enrollment. 

4.4. Authorized Usage: Exclusive participation in a Course is restricted to duly registered students. You are prohibited from disclosing your username or password to anyone else, allowing another individual to engage in the Course on your behalf, or assuming the identity of another person when interacting with Surgo Learning Academy or accessing your Online Academy by utilizing another student’s login credentials. In case you forget your username or password, we will undertake secure measures to facilitate your profile access restoration. 

4.5. Your Obligation in Case of Unauthorized Usage: You commit to promptly notifying us in the event of any unauthorized utilization of your profile particulars. You bear the responsibility for managing and safeguarding your profile within your Online Academy, including all associated information. While we prioritize security, it’s essential to acknowledge that, as the user, you assume any potential risks arising from unauthorized access to your information. 

4.6. Disagreements Regarding Access: In the event of a conflict concerning profile ownership within the Online Academy, we retain the right to suspend the profile and restrict access to it until a satisfactory resolution to the dispute is achieved. Additionally, if we ascertain that a valid claim to the profile has been made by a party, we may choose to transfer the profile to that party. 

4.7 Prohibited use: you are prohibited from doing the following:  

• Distributing copies of Course content (or any part thereof) on a network server, web server, or alternative website, with the intention of enabling its utilization or examination by others. 
• Utilizing, showcasing, or otherwise presenting the Course content (or any segment thereof), along with other materials, to external parties in an electronic or printed form that facilitates downloading or distribution to any third party through a mobile device, or sharing through peer-to-peer or analogous file-sharing setups, or facilitating such actions. 
• distribution of the Course content by any other means.  
• Granting sub-licenses, reselling, leasing, lending, transferring, distributing, or otherwise conveying or disseminating the Course content or the rights bestowed upon you within the scope of these Terms.  
• Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Online Academy. 
• Eliminating any copyright, trademark, or proprietary rights notice from any location where it is exhibited within or integrated into the Course content. 

4.8. Platform Compatibility: The Online Academy might not be entirely compatible with all mobile devices, such as smartphones and tablets. To ensure effective access and participation in your Online Academy experience, you may need to utilize a desktop or laptop computer. You will bear the responsibility for covering the expenses associated with internet access and any necessary upgrades to your computer or mobile device. 

4.9 Third-Party Websites: Specific Courses may necessitate the utilization of external websites. Surgo Learning Academy does not provide technical assistance for any external websites. Should you have inquiries regarding external websites, kindly reach out directly to the support services of the respective websites. Surgo Learning Academy shall not be held accountable for any expenses, claims, or harm that may arise due to your utilization or mishandling of, or inability to access, any external website.  

4.10. Video Content and Live Sessions: The majority of Course modules include instructional videos and, where relevant, live sessions. These videos and live sessions serve as essential tutorials and lectures for the subjects addressed within the respective modules and are mandatory, unless indicated otherwise. However, if you are utilizing a slower internet connection, accessing and viewing these videos or live sessions might pose challenges

Course Assessments

5.1 Re-assessment/Repetition Policy: Surgo (Pty) Ltd will strive to meet the fair and equitable assessment practices as described and defined by the QCTO the Services SETA and the AQP. Where there was not sufficient evidence to declare learners as being competent on their first submission, the Assessor will request that they submit additional evidence. Learners are granted two free opportunities for re-assessment or repeating assessment where evidence is lacking, or the learner is declared not yet competent.  Services SETA criteria for re-assessments will be applied.  

5.2 Moderation Policy: A Moderation Strategy will be applied in order to ensure that the assessment process has been complied with and that the process was conducted in a fair and transparent manner. The policy reflects a fair, valid and reliable moderation. The moderation function will be outsourced.  

5.2.1. The scope of the moderation can include the moderation of the design of the assessment instruments, the moderation of the QMS policies and procedures, and the moderation of assessment itself. It is important that the Moderator determines the required scope of moderation prior to beginning the moderation.   

5.2.2. Moderators will be expected to adhere to the Services SETA Code of Conduct for Moderators and related functions will be evaluated against this code.   

5.2.3. This Moderation Policy is based on the aspects to be found in the Services SETAs Assessment and Moderation Policy Document.  

5.3. Right to appeal: Surgo (Pty) Ltd acknowledges an individual’s right to appeal against decisions and promotes practices and procedures that acknowledge these rights. Appeals and disputes will be managed as per the Services SETA Assessment and Moderation Policy Document.  

5.3.1. Surgo (Pty) Ltd undertakes to deal with appeals and disputes in a timely manner.  

5.3.2. A learner may appeal an assessment judgement under the following circumstances:  

5.3.3. Assessments that are perceived to have been unfair, invalid or unreliable.  

5.3.4. The assessment outcome if the Assessor’s judgement is considered to be biased,  

5.3.5. Inadequate expertise or experience of the Assessor if this is considered to have influenced the assessment.  

5.3.6. Unethical practices.  

5.4 Certification Policy: Surgo (Pty) Ltd will implement fair and equitable certification procedures and will adhere to all requirements set by the QCTO and the Services SETA when issuing certificates of competence.    

5.4.1 Surgo (Pty) Ltd will implement procedures for the issuing of duplicate certificates to ensure the authenticity of certificates and develop a strategy to prevent the issue of fraudulent certificates.    

5.4.2. Certificates of competence will be issued by the Quality Council for Trades and Occupations (QCTO) once the learner has successfully completed the Final Summative Assessment (FSA) for a full Qualification when applicable.   

5.4.3. Surgo (Pty) Ltd will issue certificates to learners who have completed skills programmes or Unit Standard blocks towards a Qualification. 

5.5. Learner Misconduct and Irregularity Policy: While Surgo Learning Academy will do its utmost to meet stringent quality standards, there will possibly be instances where learners display behavioral irregularities. Surgo (Pty) Ltd defines some of the possibilities that could occur during the training cycle below and lists steps that will be taken to resolve these instances.   

5.6. Dishonesty, plagiarism, and cheating: Report incidents relating to offence to the provider without hesitation. Where the learner’s training is being sponsored, the sponsor will also be informed. The employer will be responsible for making decisions on how to proceed with the learner. All instances of plagiarism will be investigated. Disciplinary procedures will take place where required. 

5.7. Outcome Evaluation: Your preliminary outcome or status of completion could undergo a moderation procedure. In the case of outstanding fees or dues, your outcome will be retained until all fees are cleared. If you find your academic status unsatisfactory, you retain the right to initiate an appeal.

Pricing, payment and delivery

6.1. Tuition Fees: Upon enrolling in a Course, you acknowledge your commitment to remit the relevant Course tuition and any additional charges arising from your Course engagement. The specific Course fees can vary depending on your location and other considerations. We maintain the authority to adjust Course fees at our sole discretion, with any alterations, revisions, or updates becoming effective immediately upon being published on the Surgo Learning Academy and/or Surgo (Pty) Ltd website. 

6.2. Financial Institution Costs: In the event that any bank charges, wire fees, or supplementary expenses are imposed on or incorporated into a payment you initiate to us from any location, you are responsible for settling the entirety of these bank charges, fees, and supplementary costs. 

6.3. Settlement of VAT and Other Taxes: Any Value Added Tax (VAT) or other relevant taxes due in addition to the Course fees will be outlined in your invoice or informational materials. These amounts will be your exclusive obligation, unless otherwise specified.  

6.4. Payment reference: When making payment to us, you must ensure that your payment is correctly made-out and your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.  

6.5. Promotional Codes: If you possess a promotional code and wish to apply it during your Course registration, you must specify this on the Surgo Learning Academy platform during the relevant Course registration process (where indicated). Furthermore, your utilization of the promotional code signifies your consent to adhere to the associated terms and conditions. Should you register without utilizing the promo code, the promo code will become redundant, and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. Promo codes are non-transferable and non-refundable.  

6.6. Consequences of non-payment: Should you or your sponsor neglect to fulfill the minimum stipulated payment for a Course within the designated payment deadline (as agreed upon during registration and indicated in the invoice), we retain the right, at our sole discretion, to either withdraw you from the Course or suspend your involvement in it. In the event of suspension, your access to the Online Academy will be restricted until the outstanding payment is settled and received by us. The party responsible for the payment of the invoice will be given a period of time within which to rectify non-payment and if payment is not made within the given additional period of time, then we may cancel your registration and remove you from the course and you will not be entitled to any refund.  

6.7. Unsettled Course Fees: Failure to settle your Course fees as per the agreed payment terms will result in the withholding of your Course’s final result. Moreover, we will abstain from providing any letters or Certificates verifying the successful completion of the Course.  

6.8. Disagreement Resolution: In the event of a dispute concerning the payment of any Course fee (or a portion thereof), or regarding your utilization of the Online Academy or website, we hold the right to, at our exclusive discretion, temporarily suspend your Course participation for the duration of the dispute. 

6.9. Booking cancellations: Any cancellation of confirmed bookings to be made in writing to sales@surgolearningacademy.co.za at least 7 work days before the course is due to start.  

6.9.1. Where cancellations are made within 7 work days, the Administrator will try to reschedule the course for the participant or a different participant may slot in if possible. If this is not possible, 50% of the course fee will be refunded.  

6.9.2. The learner/sponsor will be responsible for the full course fee if the withdrawal or cancellation of a course is received on the day the training has commenced.  

6.9.3. Full course fees will be charged for non-attendance (“no-show”) participants.  

6.10 Refunds: Valid refunds will be paid to the account that made the initial payment 7 work days after the cancellation request is received via email (sales@surgolearningacademy.co.za) An administration fee will be deductible from all refunds to cover the transfer costs. 

6.11. Connection issues: Surgo (Pty) Ltd will try and support learners to be best of our ability should connection issues occur during a virtually facilitated session. Surgo (Pty) Ltd will not be liable for such occurrences and these types of issues will be not considered for a refund.   

6.11.1. If the connection issues are substantial, causing the learner not to be able to continue, Surgo (Pty) Ltd will endeavor to rebook the learner for the same course on an alternate date. This accommodation will only be made for one instance per learner per course. 

6.12. Insufficient demand: We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion, in this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.

Credentials

7.1. Certificates of Proficiency: The issuance of accredited certificates will be carried out by the Quality Council for Trades and Occupations (QCTO) upon the learner’s successful completion of the Final Summative Assessment (FSA) for a complete Qualification, where applicable.  

7.2. Certificate of completion: The issuance of unaccredited certificates will be carried out by Surgo Learning Academy upon the learner’s successful completion of any and all associated assessments, course participation and attendance. 

7.3. Certificates: Certificates will be issued in English, unless indicated otherwise.  

7.4. Duplicates and Digital Certificates: Only one copy of a certificate may be issued to you upon your successful completion of a Course, and no duplicate Certificates will be issued to you or your sponsor.  

7.5. Certificate Errors: If you receive your Certificate with an error, you are required to notify us as soon as possible, and return the erroneous Certificate to us before an amended version will be issued to you. We cannot be held liable for errors resulting from incorrect personal student information provided to us by you or your sponsor. Any Certificate change requests after a 3-month period from when you received your Certificate will be charged for.  

7.5.1. Withheld certificates: If you are eligible for the award of a Certificate, your Certificate may be withheld by Surgo Learning Academy or Surgo (Pty) Ltd in the following circumstances:  

7.5.2. In cases where you are being examined for academic dishonesty or misconduct, and this issue remains unresolved during the certification process, the issuance of a Certificate may be put on hold until the matter has been resolved by Surgo Learning Academy. 

7.5.3. If you owe outstanding fees to Surgo Learning Academy or Surgo (Pty) Ltd, your Certificate may be withheld until such time as your fees have been settled in full.  

7.5.4. If you fail to successfully verify your identity when identity verification is a requirement for the Course, your Certificate will be withheld until such time as you have successfully verified your identity.

Limitation of Liability and Indemnity

8.1. Exclusion of Responsibility for Course Outcomes: We shall not be held liable, under any circumstances, for any expenses, claims, damages, or detriment that you may incur or experience due to enrolling in and/or participating in any Course (or other services provided by us) that does not match your needs, is unsuitable, or fails to meet the requirements of your specific industry or professional body. We do not guarantee your suitability for a particular Course based on its difficulty level. Furthermore, we cannot be held responsible, under any circumstances, for any expenses, claims, damages, or losses incurred by you if, after the completion of a course, you are unable to secure employment, a promotion within your chosen field of study, or achieve any other outcome that you might have expected the Course to aid you in attaining. 

8.2. Limitation of liability: Excluding instances of deliberate misconduct on our part, and to the fullest extent permissible by law, you hereby acknowledge that we shall not be held responsible for any expenses, claims, damages—comprising, but not limited to, indirect, incidental, special, punitive, exemplary, or consequential losses (such as loss of profits, business, reputation, revenue, or anticipated savings)—or any other forms of damages, penalties, legal actions, judgments, suits, costs, disbursements, fines, or any financial liabilities, incurred by you or any third party in connection with or arising from these Terms, your engagement in a Course, or the discontinuation of a Course, for any reason, regardless of whether such damages were foreseen or foreseeable by any party. In no circumstance shall Surgo Learning Academy’s cumulative liability to you for all claims exceed the total sum of fees received by Surgo Learning Academy from you in the six months prior to any cause of action. 

8.3. Acknowledgement: You recognize and consent that the disclaimers and restrictions on liability outlined in these Terms represent a reasonable and equitable distribution of risk between you and Surgo Learning Academy. Furthermore, you acknowledge that these limitations constitute a fundamental foundation for our capacity to provide services to you in an economically viable manner. 

8.4. Time constraint: You consent that, within the extent allowable by relevant legislation, any legal claim arising from these Terms or concerning Surgo Learning Academy’s services or Courses must be initiated within a period of one (1) year from the moment the cause of action arises. Failure to do so will result in the permanent prohibition of such a cause of action. 

8.5. Indemnification: In accordance with applicable laws, you commit to indemnify and shield us from any claims by third parties that are associated with or arise from these Terms due to your enrollment in and/or engagement with a Course. This indemnification encompasses claims stemming from your utilization of Surgo Learning Academy in a manner inconsistent with these Terms or the unauthorized or prohibited access to your profile by a third party. Additionally, this indemnification extends to all liabilities or losses that may be incurred by us as a result of such claims, including legal expenses at the maximum allowable rate and any supplementary legal and collection expenditures.

Interruption of Surgo Learning Academy or Surgo (Pty) Ltd website

9.1. Service Disruption: You recognize and consent that occasionally, the Surgo (Pty) Ltd website and/or the Surgo Learning Academy platform might become unavailable or non-functional due to one or more of the following reasons: 

9.1.1. Equipment malfunctions or faults 

9.1.2. Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time 

9.1.3. Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, government regulations, computer virus, attacks on the network and network congestion or other failures.  

9.2. Non-Violation: The occurrence of such interruptions in the availability of the Surgo Learning Academy platform or the Surgo (Pty) Ltd website shall not be construed as a violation of this Agreement in any circumstances whatsoever. In no event shall we, under any circumstances, be held accountable to you for any expenses, claims, or damages incurred or suffered due to any interruptions, non-functionality, or inaccessibility of the Surgo (Pty) Ltd website or the Surgo Learning Academy platform. 

9.3. Safety Measures: We will employ commercially sensible methods to safeguard our system, your profile on the Surgo Learning Academy platform, and associated information. Nevertheless, we cannot ensure that unauthorized third parties will be incapable of bypassing our security protocols. It is your responsibility to promptly inform us of any breach or unauthorized utilization of your account.

Intellectual Property

10.1. Retention of Entitlement: Unless explicitly indicated otherwise, the copyright pertaining to HTML, text, graphics, audio clips, video clips, source and/or object code, and all other creations (including trademarks and names) featured on the Website and/or Surgo Learning Academy, or otherwise disseminated to students by Surgo Learning Academy, either belongs to us or is licensed to us. In this regard, we affirm and preserve all of our rights. Engaging with or accessing our services and Courses will not, under any circumstances, lead to the transfer or issuance of any intellectual property rights held by us or any other entity.

Warranties and disclaimers

11.1. Statements of Disclaimer: Subject to the extent allowed by relevant laws, all services, Courses, and their content are presented “as is,” devoid of any express or implied representations or warranties. Specifically, we do not make any affirmations or warranties concerning the caliber of the Course content or its suitability for the purpose for which you procured it.

Termination of participation in a course 

12.1 Alteration and Cessation of Services: We consistently endeavor to enhance and modify our services and Courses. This may involve incorporating or eliminating functionalities, features, or prerequisites, as well as temporarily halting or permanently discontinuing our services. In the event of significant alterations, we shall provide enrolled students with reasonable advance notice. Additionally, you hold the option to cease your use of our services and Courses at any juncture. 

12.2 Infringement: Should you violate these Terms and not rectify the breach within five (5) days subsequent to receipt of a written notice, we reserve the right to discontinue your engagement in the registered Course. In such cases, no refund of any portion of the Course fee shall be granted. Moreover, in the event of a substantial breach of these Terms, as adjudged by us solely, we retain the authority to promptly suspend your access to the Surgo Learning Academy platform pending an inquiry into the pertinent behavior.

Complaints and dispute resolution

13.1. Comprehensive Feedback Protocol: Surgo Learning Academy values input from students, whether it conveys positivity or negativity. In instances where this input constitutes a grievance regarding our Courses, products, service provisions, or conduct, our dedication lies in promptly and suitably addressing the matter. 

13.2. Examination and Inquiry: Following the submission of a complaint, we will initiate an investigation to comprehensively address the issue at hand. During this phase, you might be asked to furnish pertinent supporting documents or evidence. Our goal is to resolve complaints within five (5) business days, although this timeline might vary based on the complexity and gravity of the matter. Throughout the process, we will uphold transparent lines of communication, offering feedback and updates on the status of the investigation. Should a complaint remain unresolved at its initial stage, either party reserves the right to request a more in-depth review. 

13.3. Resolution of Conflicts: In the event that a jointly agreeable resolution, path forward, or settlement cannot be achieved through the complaints process, or any other dispute arises between us, you hereby consent that such matters will be addressed on an individual basis, abstaining from any class action approach. Furthermore, in accordance with relevant legislation, any such disputes shall be exclusively adjudicated by a competent court situated in Cape Town, South Africa. 

13.3.1. Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.

General

14.1. Entire agreement: These Terms, together with the applicable policies, shall constitute the entire agreement between you and Surgo Learning Academy concerning your registration for and participation in a Course.  

14.2. Revision of Terms: We reserve the right to revise these Terms (including policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the website and the Surgo Learning Academy platform, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a Course at the time when such changes come into effect.  

14.3. Contradiction: In the event that any element within these Terms contradicts information presented on our website, in information packs, or within other Course materials, these Terms shall take precedence unless explicitly specified otherwise. 

14.4. Separability: Should any portion of these Terms be determined as partially or entirely unenforceable, this shall not impede the applicability or enforceability of the remaining provisions of these Terms. 

14.5. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Surgo Learning Academy without restriction.  

14.6. No indulgence or Waiver: The decision by Surgo Learning Academy to refrain from enforcing any aspect of these Terms does not signify its relinquishment of the right to do so in the future. Any waiver of a specific term shall not be construed as an ongoing or extended waiver of that term.

Data Protection

15.1. By registering and making use of the Surgo Learning Academy’s site and services you understand and agree that all information provided, whether personal or otherwise, may be used and processed by the “owner” of this website, and such use may include providing statistical information to third party institutions.  

15.2. Further, by continuing to register you specifically agree that the Company will use such information provided by you, irrespective of the nature of such information.  

15.3. Surgo (Pty) Ltd shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).  

15.4. The PAIA and POPI Acts are available online at www.gov.za/dpcuments/acts.  

15.5. As per the POPI Act personal information refers to information that identifies or relates specifically to you as a person or data subject, for example, your name, age, gender, identity number and your email address.   

15.6. We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.   

15.7. It is confirmed that by submitting information to Surgo, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with these terms and conditions.   

15.8. Why we collect personal information:  

15.8.1. We collect personal information in order to liase with you telephonically, via our website, or eail so that we may:  

15.8.2. Respond to any query or comment received from you 

15.8.3. Inform you of new offers  

15.8.4. Enable us to process, validate and verify information and requests for the supply of goods and/or services  

15.8.5. For the purposes for which you specifically provided the information 

15.8.6. Generally, to improve your experience with our service 

15.8.7. Provide a recruitment and language assessment platform for South Africans 

15.8.8. Store your information in our recruitment database to be contracted for any future work opportunities.  

15.9. Processing of information: We will share your personal information:  

15.9.1. In order to comply with applicable law or with legal process served on our company 

15.9.2. In order to protect and defend the rights or property of our company  

15.10. Security Measures: We will –  

15.10.1. Treat your personal information as strictly confidential  

15.10.2. Take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access 

15.10.3. Promptly notify you if we become aware of any unauthorized use, disclosure, or processing of your personal information 

15.10.4. We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.  

15.10.5. Although we take the aforementioned precautions in protecting your personal information, we shall however not be liable for any loss or damage, howsoever arising, suffered as a result of the disclosure of such information if outside our reasonable control.  

15.11. Your rights: You have the right at any time to:  

15.11.1. Rectify the Personal Information collected by us 

15.11.2. Object to the processing of Personal Information (subject ot legislation) 

15.11.3. Request the return or destruction of Personal Information (subject to legislation) 

15.11.4. Lodge a complaint with the company 

 Date of last amendment: 17 August 2023