Terms & Conditions

  1. Introduction and Acceptance of Terms:
    • These Terms and Conditions (“Terms”) govern your registration with, access to and use of the Executive Short Courses (ESC) website (“Website”), online campus (“Online Campus”), courses (“Courses”) and all associated products and services (collectively, the “Services”).
    • By registering as a Learner (“Learner”, “User” or “you”), either in your personal capacity or through your employer, you agree to be bound by these Terms, as well as the following documents, all of which are incorporated by reference:
      • The Privacy Policy;
      • The Terms of Use of the Website (see section 9 of these Terms);
      • The Learner Code of Conduct (see section 7 of these Terms); and
      • Any other policies published or referenced on the ESC Website.
    • If you do not agree to these Terms, you may not access the Website, the Online Campus or use any of ESC’s Services.
    • If you have any questions or require clarification, please contact us at learn@myesc.co.za.

 

  1. Amendments to Terms:
    • ESC reserves the right, in its sole discretion, to amend or replace any part of these Terms from time to time. Any such updates will supersede prior versions and will be made available on the ESC Website (found here).
    • Each time you access the Website, Online Campus or use ESC’s Services, you will be deemed to have accepted the Terms in effect at that time. If you do not agree with the updated Terms, you must refrain from using the Website, Online Campus or Services.
    • The most current version of the Terms will always be published on the Website. For your personal records, you are advised to download or save a copy of the Terms applicable at the time of your registration.
    • ESC will make reasonable efforts to notify currently registered Learners and any affiliated third parties who are actively engaged with ESC of any material changes to the Terms.

 

  1. Definitions:
    • “Academic Integrity” refers to the ethical standards and principles requiring Learners to complete all academic activities honestly and independently, without engaging in plagiarism, cheating, misrepresentation or other forms of academic dishonesty.
    • “Academic Misconduct” refers to any dishonest or unethical behaviour by a Learner in the completion of academic work, including but not limited to plagiarism, cheating, falsifying information or submitting work that is not their own. Further details and expectations are set out in the Learner Code of Conduct. See section 7 of these Terms.
    • “Arbitration” refers to the process of resolving disputes through a private, legally binding procedure conducted by an independent arbitrator in accordance with the Arbitration Act 42 of 1965, or any successor legislation.
    • “Artificial Intelligence” or “AI” refers to any system or technology capable of performing tasks that typically require human intelligence, including but not limited to, data analysis, problem-solving, decision-making, speech recognition, image recognition, and natural language processing.
    • “As is” means provided without warranties or guarantees of any kind, with all faults, and at the user’s own risk.
    • “Assignment” refers to the process by which a party to these Terms transfers or delegates their rights or obligations, either in whole or in part, to another party, subject to the provisions of these Terms.
    • “Business Day” refers to any weekday excluding Saturdays, Sundays, public holidays and the period from 15 (fifteen) December to 5 (five) January (inclusive).
    • “Breach” or “Material Breach of Terms” refers to a failure to perform an obligation under these Terms, whether by act or omission, without lawful excuse or justification. See section 13 of these Terms.
    • “Calendar Days” refers to all days in a month, including weekends and public holidays, as counted according to the standard calendar.
    • “Cancellation” refers to the withdrawal by a Learner from a Course prior to its start date, in which case a refund may be issued in accordance with these Terms.
    • “Code of Conduct” refers to the set of rules, standards and behavioural expectations applicable to all Learners as outlined in section 7 of these Terms, including requirements relating to respect, lawful conduct, academic integrity and the appropriate use of ESC’s Courses, Services, Website and Online Campus.
    • “Company Representative” refers to an authorised individual acting on behalf of a Learner’s employer or sponsoring organisation for administrative matters related to a Course.
    • “Commercial Use” refers to any use of content, materials, products or services for commercial, business or profit-generating purposes, including but not limited to resale, distribution, public display, reproduction for profit, or any use in connection with a commercial enterprise, whether for direct or indirect financial gain.
    • “Confidentiality” refers to the set of rules, standards and behavioural expectations applicable to all Learners as outlined in these Terms, including requirements relating to respect, lawful conduct, academic integrity and the appropriate use of ESC’s Courses, Services, Website and Online Campus.
    • “Contracting” refers to the process whereby a party enters into a formal and legally binding agreement with ESC for a specific purpose or duration. See section 19 of these Terms.
    • “Course” refers to a structured, online learning programme developed by ESC, designed to deliver specific educational outcomes within a defined timeframe.
    • “Course Material” refers to all content, resources and materials, whether digital or downloadable, created and provided by ESC to support learning and engagement within a Course.
    • “Course Run” refers to a specific offering or instance of a Course, with set start and end dates, during which enrolled Learners progress through the content.
    • “Data Subject Requests” refers to Moonstone’s PAIA Manual (found here). See section 16 of these Terms.
    • “ Data Protection” refers to the legal requirements and practices governing the collection, use, processing, storage and sharing of Personal Information, including but not limited to compliance with the Protection of Personal Information Act, No. 4 of 2013 (POPIA) and other applicable data privacy laws.
    • “Deferral” refers to the process of a Learner postponing the start of their Course after being registered and accepted on that Course. See section 11 of these Terms.
    • “Educational Institution” means any public or private entity providing formal education or training, whether accredited or non-accredited.
    • “Employer” refers to a company, organisation or other entity that employs or contracts the Learner and that may act as a payer, sponsor or administrative contact for the Learner’s participation in a Course, whether under an agreement with ESC or otherwise.
    • “Enrolment” refers to the process by which a Learner completes registration for a Course, accepts these Terms and secures access to ESC’s Courses, Online Campus and related Services, subject to successful payment and any additional requirements set by ESC.
    • “ESC” refers to Executive Short Courses (Pty) Ltd, registration number 2005/020855/07, duly registered in the Republic of South Africa with its registered address at 25 Quantum Street, Technopark, Stellenbosch.
    • “Extenuating Circumstances” means unforeseen and exceptional events or conditions beyond the reasonable control of the Learner that materially impact their ability to participate in or complete the Course. See section 11 of these Terms.
    • “Flexible Study Options” refers to ESC’s range of adaptable learning pathways that allow Learners to engage with Course content in a manner and timeframe suited to their personal schedules and commitments.
    • “Force Majeure” means any unforeseeable event beyond a party’s reasonable control that prevents or delays performance of its obligations, including natural disasters, acts of government, civil unrest, major utility failures, or any similar event that could not reasonably have been prevented or mitigated.
    • “Generative AI” Any Artificial Intelligence tool or system that generates content, including text, images, audio, code or similar outputs, in response to user inputs.
    • “Information”, “Data” and/or “Content” refers to any material, data, text, images, audio, video, documents or other content, whether personal, academic, technical or administrative in nature, submitted to, processed by, displayed on or generated through ESC’s Website, Online Campus, Courses or Services. This includes user-submitted content, Course Materials, communications, assessments and any other information exchanged or stored in connection with the Learner’s use of ESC’s offerings.
    • “Intellectual Property” refers to all copyrights, trademarks, patents, designs, trade secrets, domain names and related rights, whether registered or unregistered. See section 8 of these Terms.
    • “Intellectual Property Rights” refers to all rights in and to intellectual property owned or controlled by ESC, including technology, source code, trade secrets, trademarks, logos, designs, patents and copyrights.
    • “Learner” refers to the person registered for a Course and “User” and “you” have a corresponding meaning.
    • “Learner Code of Conduct” refers to the code of conduct applicable to all Learners, as set out in section 7 of these Terms.
    • “Moonstone” refers to Moonstone Information Refinery (Pty) Ltd who is ESC’s parent company and forms part of the Moonstone Group of Companies. See section 21 of these Terms.
    • “Notice” or “Notification” refers to any formal communication given under these Terms to inform a party of specific events, obligations or changes.
    • “Online Campus” refers to ESC’s digital learning environment (found here), accessible via the internet, through which Learners access Course Materials, participate in activities, interact with instructors and peers and manage their learning experience.
    • “Online Partners” and “Partnerships” refers to third-party individuals or organisations, including subject matter experts, academic contributors or service providers, with whom ESC collaborates to design, deliver or support its online Courses and related materials. Such partnerships may include content development, instructional support or specialised expertise and are governed by separate agreements between ESC and each respective partner.
    • “Parties” refers to the Learner, the Learner’s employer (if applicable) and ESC.
    • “Partner Institution” refers to any organisation, Educational Institution or corporate client that has entered into a partnership agreement or Service Level Agreement (SLA) with ESC for the provision of Courses, Services, or related offerings to Learners under agreed terms and conditions.
    • “Person” refers to a natural person or a juristic person.
    • “Personal Information” refers to information as defined in section 1 of the Protection of Personal Information Act, No. 4 of 2013 (POPIA), including but not limited to information relating to the identity, demographics, contact details, personal opinions or correspondence of a Person, whether recorded electronically or otherwise. See section 16 of these Terms.
    • “Personal Use” refers to the use of ESC’s Courses, Course Materials, Website, products and Services solely for the Learner’s own individual, non-commercial educational purposes. Personal Use excludes any reproduction, distribution, resale, public display or commercial exploitation of any content or material provided by ESC unless expressly authorised in writing by ESC.
    • “Privacy Notice” refers to Moonstone’s PAIA Manual (found here). See section 16 of these Terms.
    • “Privacy Policy” refers to Moonstone’s Data Privacy Policy (found here). See section 16 of these Terms.
    • “Products” refers to the online Courses offered by ESC, including all related Course Materials and content developed and provided by ESC for educational purposes.
    • “Proprietary Material” refers to all content, materials, trademarks, software, databases, text, graphics, logos, icons, hyperlinks, confidential information, designs, agreements, multimedia works and other intellectual property published on or provided through ESC’s Website, Online Campus or Services, which is owned by or licensed to ESC and protected under applicable intellectual property laws.
    • “Register” or “Registering” refers to the process by which a Learner creates an account with ESC, provides required personal and supporting information, agrees to these Terms and secures enrolment in a Course by making the necessary payment or being confirmed by an authorised third party, such as an employer or institutional partner.
    • “Service Level Agreement” or “SLA” refers to a formal, written agreement entered into between ESC and a Partner Institution, Employer or other entity, which sets out the specific terms, conditions, service standards, payment arrangements, and responsibilities applicable to the provision of ESC’s Courses, Services or related offerings.
    • “Service Provider” means any third-party entity authorised by ESC to provide, support or deliver any part of the Courses, Services, Online Campus or Website.
    • “Services” refers to the support and facilitation provided by ESC in relation to its Courses, including assistance with enrolment, payment, access to the Online Campus, Learner support and guidance throughout the course duration.
    • “Terms” refers to this document.
    • “Terms of Use of Website” refers to section 9 of these Terms.
    • “Third-Party” refers to any Person or group other than ESC and, where applicable, the Learner or the Learner’s employer if they are a contracting party to the Course. A Third-Party may include contributors, service providers, platform partners or other entities involved in the delivery or facilitation of ESC’s Services.
    • “User” refers to the Learner who is granted access to ESC’s Online Campus, Courses, Course Materials and Services after registration has been completed and payment has been received.
    • “User-Submitted Content” refers to any information, data, files, text, comments, reviews, communications or other material submitted, uploaded or posted by the Learner to ESC’s Website, Online Campus, Courses or Services. This includes contributions to discussion forums, assignments, messages and feedback. See section 8 of these Terms.
    • “Website” refers to https://www.executiveshortcourses.co.za/ and “ESC Website” has a corresponding meaning.
    • “Withdrawal” or “Withdraw” refers to the formal process by which a Learner discontinues their participation in a Course after registration, after the Course start date, by providing written notice to ESC in accordance with these Terms.
    • “Written” includes communication by email or any other electronic medium that is accurately and readily reducible to written or printed form.
    • “Written” and “Writing” have corresponding meanings.

 

  1. Registration and Access:
    • Our Services are not intended for individuals under the age of 18 (eighteen). By registering for or purchasing any Products or Services, you confirm that you are at least 18 (eighteen) years old. ESC does not knowingly permit participation by individuals below this age threshold.
    • To register with ESC, you are required to create an account and provide all requested information. You are solely responsible for ensuring that the information submitted to ESC is complete, accurate and kept up to date. All Personal Information will be processed in accordance with the Privacy Policy.
    • To complete your registration with ESC, you will be required to tick the box labelled “I agree to the Learner Terms and Conditions”. By doing so, you confirm that you have read and accepted these Terms, including the Privacy Policy, the Terms of Use of the Website (see section 9 of these Terms), the Learner Code of Conduct (see section 7 of these Terms) and any additional policies referenced on the Website.
    • To register and access ESC’s Services, you must provide the following:
      • Your full name;
      • A valid and accessible email address;
      • A unique password;
      • A valid mobile number;
      • Any additional details requested by ESC during the registration process.
    • After successfully registering with ESC and paying the applicable fees, the Learner will be granted a limited, personal, non-exclusive, non-transferable and revocable licence to use ESC’s Online Campus, Courses, Course Materials and Services.
    • ESC reserves the right to suspend the Learner’s access to the Online Campus until all outstanding payments due to ESC have been paid by the Learner or on their behalf.
    • The Learner agrees to take full responsibility for their access to and use of the Online Campus, Courses, Course Materials and Services.
    • The Learner must notify ESC (learn@myesc.co.za) immediately if they experience or suspect any unauthorised use of their profile details on the Online Campus.
    • While ESC takes all reasonable security precautions, the Learner agrees to indemnify ESC for any loss and/or damage caused by malicious use of the Online Campus or by destructive data or code transmitted through the Website and/or Online Campus.
    • To ensure the security and reliable operation of its Services, ESC reserves the right to take any action it deems necessary to preserve the security, integrity and reliability of its networks and supporting systems.
    • You may not utilise the Online Campus in any manner that may compromise the security of ESC’s networks, or tamper with the Online Campus in any way.
      • This includes gaining or attempting to gain unauthorised access to the Online Campus, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Online Campus, all of which is expressly prohibited.
      • Any Person or entity who does so, or attempts to do so, may be held criminally liable. Should ESC suffer any loss and/or damage as a result of such unauthorised use, ESC shall be entitled to claim civil damages against the Learner.
    • Any User who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (ETCA), specifically sections 85 to 88 (inclusive), shall, in addition to potential criminal prosecution, be liable for all resulting liability, loss and/or damage suffered and/or incurred by ESC and its affiliates, agents and/or partners.
    • The Learner is responsible for any misuse of ESC’s Online Campus, Courses, Course Materials and/or Services that occurs through their account.
      • It is the Learner’s responsibility to ensure that unauthorised Persons do not gain access to or misuse ESC’s Online Campus, Courses, Course Materials and/or Services.

 

  1. Online Course: Content and Relevance:
    • The Learner is responsible for ensuring that the Course they register for meets their personal, academic and/or professional requirements. The Learner must review the full Course Pack thoroughly before completing registration.
    • Course Material:
      • All Course Materials, administration and instructions are provided in English.
      • All coursework submitted for assessment must be written in English.
    • To ensure optimal access to and viewing of Course Materials via the Online Campus (found here), ESC recommends the following system requirements and guidelines:
      • A current internet browser is required. ESC recommends the latest version of Google Chrome.
      • Your browser must support and have JavaScript enabled to complete coursework. This is enabled by default on most browsers.
      • Your browser should allow font downloads. When disabled, Course Materials may not display correctly.
      • While not essential, ESC recommends using a browser capable of reading PDF documents. Alternatively, you may download Adobe PDF Reader from their website.
      • ESC recommends that Learners disable VPNs or add the Online Campus to their list of safe websites. If issues persist, Learners should check antivirus settings to ensure access is not being blocked.
      • Default Language and Region: ESC’s default language is English (South African Standard). Where date, time or regional settings apply, the standard time zone is Central African Time (CAT), which is GMT +2.
    • If any Course requires additional software or resources, the Learner will be notified at the time of registration.
    • All software and resources required to complete the Course are at the Learner’s own cost. ESC accepts no liability for such costs.

 

  1. Access to Course Materials and Learner Support:
    • Only Learners who are registered for a Course may access or participate in that Course.
    • The Learner may not disclose their username or password to any other Person, nor permit any other Person to participate in the Course on their behalf. Failure to comply with this provision will result in deregistration without refund.
    • The Learner may not impersonate any other Person in dealing with ESC, or access the Online Campus using another User’s credentials. A contravention of this clause will result in deregistration without refund.
    • Learner support is available by email at learn@myesc.co.za. Specific details of the support available, including whether the Course includes live webinars, instructor guidance or is fully self-paced, will be provided in the relevant Course information.
    • ESC provides technical and Online Campus-related assistance for all registered Learners.

 

  1. Academic Integrity and Learner Code of Conduct:
    • As a Learner registered with ESC, you agree to conduct yourself in a professional, respectful and lawful manner while engaging with ESC’s Courses, Services, Online Campus, employees and any third parties acting on ESC’s behalf. By participating in any ESC offering, you agree to comply with the following Code of Conduct:
      • Respect for Others: The Learner will treat fellow Learners, facilitators and ESC staff with courtesy and respect. Harassment, discrimination, hate speech, bullying or any form of abusive or inappropriate behaviour will not be tolerated.
      • Academic Integrity: The Learner agrees to maintain honesty and integrity in all coursework and assessments. Plagiarism, cheating or misrepresentation of submitted work is strictly prohibited.
      • Lawful Conduct: The Learner may not engage in any unlawful activity while using ESC platforms, including (but not limited to) infringement of intellectual property rights, unauthorised sharing of Course Materials or contravention of South African laws, including the Protection of Personal Information Act (POPIA) and the Cybercrimes Act.
      • Confidentiality and Data Protection: The Learner agrees to respect the privacy of others and may not misuse, share or distribute any personal, confidential or proprietary information. The Learner must safeguard their login credentials and may not share access to the Online Campus.
      • Appropriate Use of Resources: ESC’s Online Campus and Course Materials are provided solely for educational purposes. The Learner agrees not to misuse, disrupt or damage any ESC system, digital platform or learning content.
      • Compliance and Consequences: ESC reserves the right to take appropriate disciplinary action, including suspension or termination of access, where a Learner is found to be in breach of this Code of Conduct or any applicable law.
      • Academic Misconduct: Academic Misconduct refers to any dishonest or unethical behaviour in the submission of coursework or participation in a Course. This includes, but is not limited to, plagiarism, cheating, collusion, using unauthorised materials or assistance, or submitting work that is not your own. Although ESC Courses are non-accredited, all Learners are still required to uphold academic integrity and ethical conduct in line with this Code.
    • Use of AI and Generative Artificial Intelligence (AI) tools:
      • ESC may use AI tools to enhance the Online Campus experience. Such tools are provided for support only and may not be relied upon as authoritative sources for assessment or academic submission purposes.
      • Acceptable use of AI: Learners may use artificial intelligence (AI) tools such as language models, grammar checkers or content generators to support their learning, research or drafting process, provided that any content submitted for assessment purposes remains their own original work. Where AI-generated content is used in the preparation of assessed work, its use must be appropriately disclosed in accordance with Course instructions or academic integrity guidelines.
      • Unacceptable/ Misuse of AI: Submitting AI-generated content, including but not limited to text, code or media, as original work without proper disclosure constitutes Academic Misconduct. The undisclosed or unauthorised use of AI tools in coursework or assessments may result in disciplinary action in terms of this Code of Conduct.
      • Learners should cite AI by implementing the Harvard referencing format for in-text and reference list: for in-text cite the AI model used and year released or updated e.g. (OpenAI, 2023) and for reference list cite the AI model, year released or updated, AI model classification, link website hosting the AI model and when accessed with regards to the information provided, e.g. (2023) ChatGPT [AI language model]. Available at: https://chat.openai.com/ (Accessed: 27 January 2026).

 

  1. Intellectual Property:
    • All copyright and other intellectual property rights in all content, trademarks, software, data and material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements and multimedia works published on or via the Website and/or Online Campus (“Proprietary Material”), are owned by or licensed to ESC and are protected under applicable South African and international intellectual property laws and treaties.
    • No content from the Website or Online Campus may be transmitted, transcribed, reproduced, stored or translated into any other form without ESC’s prior written consent. Learners are permitted to display such content on their personal devices solely for the purpose of accessing and viewing the Website or Online Campus.
    • Except with ESC’s express written consent, no Proprietary Material from the Website or Online Campus may be copied, distributed or retransmitted to any Third-Party.
    • All rights not expressly granted by ESC are reserved. No right, title or interest in any Proprietary Material or information contained on the Website or Online Campus is granted to any Learner or client.
    • ESC authorises Learners to view, copy, temporarily download or print content from the Website or Online Campus, provided such use is for personal, informational and non-commercial purposes only.
    • Learners agree to report any suspected copyright infringement to ESC at learn@myesc.co.za.
    • User-Submitted Content:
      • The Learner retains ownership of any User-Submitted Content provided to ESC, including reviews, comments, suggestions and other contributions (excluding Personal Information governed by the Privacy Policy).
      • By submitting or posting such content on the Website or Online Campus, the Learner grants ESC and its affiliates a worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence (including the right to sub-license) to use such content solely for operational, educational, marketing and promotional purposes related to ESC’s Courses, Services, Website or Online Campus.
      • This licence allows ESC to use any User-Submitted Content for operational, educational, marketing and promotional purposes. The Learner waives any moral rights or rights of publicity or privacy to the extent permitted under South African law and confirms that they have the necessary rights and authority to grant this licence.
      • This clause does not affect the Learner’s ownership of User-Submitted Content, and ESC does not claim exclusive rights to such content.

 

  1. Terms of Use of Website: By accessing and using the Website (executiveshortcourses.co.za), the Learner agrees to be bound by these Terms of Use. If the Learner does not agree with any part of these Terms, they must refrain from using the Website.
    • Use of Website Content: All content, information, graphics and materials available on the Website are the property of ESC and are protected by applicable intellectual property laws. The Learner may not copy, reproduce, distribute or modify any content without ESC’s prior written consent.
    • Website Access: ESC strives to ensure that the Website remains accessible but does not guarantee uninterrupted access or error-free functionality. ESC reserves the right to suspend, limit or terminate access to the Website for maintenance or operational reasons at any time without notice.
    • User Conduct: The Learner agrees not to use the Website in any way that:
      • Is unlawful, harmful, defamatory or otherwise objectionable;
      • Interferes with or disrupts the Website or its servers;
      • Infringes upon the rights of others, including intellectual property or privacy rights;
      • Attempts to gain unauthorised access to systems or data.
    • Third-Party Links: The Website may contain links to Third-Party websites for Learner convenience. ESC does not endorse or assume responsibility for the content, policies or practices of any linked websites.
    • Privacy and Data Protection: Use of the Website is also governed by ESC’s Privacy Policy (found here), which outlines how Personal Information is collected, stored and used in compliance with the Protection of Personal Information Act (POPIA).
    • Disclaimer and Limitation of Liability: While ESC makes reasonable efforts to ensure the accuracy of information on the Website, no representations or warranties of any kind, express or implied, are made. ESC is not liable for any loss, damage or expense arising from Learner use of, or reliance on, the Website.
    • Amendments: ESC reserves the right to modify or update these Terms of Use at any time. Continued use of the Website after such changes constitutes the Learner’s acceptance of the amended Terms (found here).

 

  1. Pricing and Payment:
    • Course Fees:
      • When the Learner registers for a Course, they agree to pay the applicable Course fees and any other amounts due arising from participation in the Course. Course fees may vary based on location or other factors. ESC reserves the right to amend any Course fees at its sole discretion. Any changes, updates or modifications take immediate effect upon being posted to the Website.
      • All Course fees are stated on the Website and are subject to change at ESC’s discretion. Fees include access to Course Materials and resources.
    • Course Payment Methods:
      • Payments may be made via the secure online payment gateway or by electronic funds transfer (EFT) or direct deposit. EFT banking details will be provided on the invoice issued following registration.
      • Online Payment: Online payments are processed via ESC’s secure payment gateway. ESC makes reasonable efforts to ensure the availability and security of the payment platform but is not liable for any delay, error or loss resulting from technical issues, interruptions, or unauthorised access occurring within the payment gateway or associated banking systems. It is the Learner’s responsibility to ensure that their payment details are accurate and that sufficient funds are available. Payments are considered complete only upon confirmation from ESC’s payment processor.
      • Direct Debit and Payment Plans for Learners are not currently offered, but should you have any questions regarding alternative payment options email: learn@myesc.co.za for more information.
      • Upon successful payment, the Learner will receive a confirmation email with Course and enrolment details. No enrolment will be finalised until payment has been received by ESC in its designated bank account.
      • All advertised Course fees include VAT. Invoices will indicate the applicable VAT rate.
      • If the Learner receives any notification regarding changes in banking details or outstanding fees, they must verify such details with ESC’s head office before making any payment. The Learner agrees to indemnify ESC against any payments made into an incorrect or fraudulent bank account.
    • If a dispute arises regarding payment of any Course fee (or part thereof), or regarding the Learner’s use of the Online Campus or Website, ESC may suspend the Learner’s participation in the Course at its sole discretion for the duration of the dispute.
    • Tax forms, tax rebates, subsidy claim forms and employer compensation:
      • The Courses offered by ESC are non-credit bearing. ESC’s administration of these Courses may not qualify as an “educational institution” for tax purposes in all jurisdictions.
    • Where ESC has entered into a separate Service Level Agreement (SLA) with a client or organisation, the terms of that SLA will govern payment obligations for services covered under the SLA. These Terms may be incorporated by reference into such SLA agreements, but in the event of any conflict regarding payment terms, the SLA will take precedence.

 

  1. Deferrals and Cancellations:
    • ESC reserves the right to cancel a Course Run, including but not limited to cases where minimum enrolment numbers are not met. Learners will be notified of cancellations in writing via email prior to the scheduled Course start date.
    • Deferral request by Learner: Self-enrolled Learners intending to defer must initiate the process by submitting a written deferral application to ESC.
      • All deferral applications must be submitted to ESC at least seven (7) Business Days before the scheduled Course start date.
      • ESC will review each deferral application and may, at its sole discretion, offer flexible study options.
      • Learners may postpone their Course enrolment only once. This must be communicated to ESC in writing to learn@myesc.co.za.
      • The new Course start date must fall within the next three scheduled Course Runs from the original enrolment date.
      • Deferrals requested after the Course start date will be considered only in cases of extenuating circumstances. Learners must notify ESC in writing as early as possible for approval.
      • Extenuating circumstances may include, but are not limited to, serious illness or medical emergency, bereavement, significant and unforeseen work‑related changes, urgent family care responsibilities, or force majeure events. Supporting documentation may be required. Approval of any deferral remains at the sole discretion of ESC.
    • Deferral Request via Third-party: Learners enrolled by a third party who is intending to defer must initiate the process via their designated company representative, who is responsible for submitting a written deferral application to ESC.
      • All deferral applications must be submitted to ESC at least seven (7) Business Days before the scheduled Course start date.
      • ESC will review each deferral application and may, at its sole discretion, offer flexible study options.
      • Learners may postpone their Course enrolment only once. This must be communicated to ESC via the Learners company representative.
      • The new Course start date must fall within the next three scheduled Course Runs from the original enrolment date.
      • Deferrals requested after the Course start date will be considered only in cases of extenuating circumstances. Learners must notify their company representative and ESC in writing as early as possible for approval.
    • Deferral to an alternative Course is permitted only under exceptional circumstances, subject to ESC’s approval. Such deferrals must comply with the cancellation procedure.
    • Withdrawal: Learners who have commenced a Course but cannot continue may withdraw from the Course and all related ESC communications for that Course Run.
      • A Learners enrolled by a Third-party are responsible for communicating their withdrawal to their company representative.
      • No credit notes or refunds will be issued for withdrawals. All withdrawn Learners or Third parties remain liable for the full invoiced amount.
    • Cooling-off and Cancellation Period: Learners or third-party are entitled to a cooling-off period of seven (7) calendar days between the Course registration closing date and the Course start date. During this period, registration may be cancelled for a full refund.
      • Learner Self-Registration: Where you the learner are responsible for your own course fees and administration.
      • Employer/ Third-party enrolment: Cancellations must be submitted through the client representative.
    • Cancellation Process: To request a cancellation and refund, the Learner or third party company representative must submit a written notice to ESC within the cooling-off period. ESC will process valid refund requests within thirty (30) calendar days of receipt.
    • Refunds: Refunds are only available for requests submitted within the specified cooling-off period. Refund requests made after this period are not eligible.
    • All Learners seeking to defer or withdraw after the Course start date must have their case escalated to ESC for approval.
    • If a Learner is found to have violated these Learner Code of Conduct (see section 7 of these Terms) by engaging in Academic Misconduct, they will be suspended from the Course pending a final decision.

 

  1. Exclusions of Liability:
    • ESC makes no warranty or representation regarding the availability, accuracy or completeness of the content on the Website or Online Campus. The Learner expressly waives all claims against ESC for any loss suffered as a result of incorrect, incomplete or inaccurate Course content or information supplied by ESC.
    • ESC makes no express or implied warranties regarding the accuracy, completeness or reliability of any information, data or content on the Website and/or Online Campus, except where specifically stated in relation to a Course or required by law. All information is provided for personal use only, and all use or reliance on content is at the Learner’s sole risk.
    • ESC does not warrant that the Website, Online Campus, or any information or downloads will be error-free or meet any performance or quality standards. ESC expressly disclaims all implied warranties, including but not limited to warranties of commercial use, fitness for purpose, non-infringement, compatibility, security or accuracy.
    • While ESC has taken reasonable steps to ensure the integrity of the Website and Online Campus, no warranty is provided that any files, downloads or applications are free from viruses, malicious code or data that may corrupt or damage systems. The Learner is solely responsible for any damage to their software, computer systems or data arising from use of the Website or Online Campus.
    • Information published on the Website or Online Campus may be presented as received by ESC. Statements from external parties are accepted as fact unless otherwise indicated.
    • ESC may use Third-Party service providers to offer information on the Website or Online Campus. ESC has no control over such information and makes no warranties regarding its accuracy, appropriateness or correctness. The Learner acknowledges that such information is provided “as is” and agrees that ESC and its online partners are not liable for any losses arising from reliance on such information.
      • ESC may provide links to Third-Party websites for Learner convenience. ESC does not endorse or imply endorsement of any linked websites, their operators, content, or security practices.
      • ESC may provide links to Third-Party websites for Learner convenience. ESC does not endorse or imply endorsement of any linked websites, their operators, content, or security practices.
      • ESC endeavours to link only to reputable websites but cannot accept liability for content on linked sites. Linked websites are not under, or subject to ESC’s control, and ESC makes no representations or warranties regarding the privacy policies or practices of such Third-Party sites.
      • The Learner agrees that ESC shall not be liable for the content, use or inability to use any linked website or link, nor for any loss or damage arising from interactions with such Third-Party sites. Any dealings between the Learner and a linked Third-Party website, including advertisers, are solely between those parties.

 

  1. Breach and Notice:
    • Material Breach: If the Learner commits a material breach of these Terms and fails to remedy the breach within seven (7) calendar days of receiving written notice from ESC specifying the breach and the required remedy, ESC may suspend or terminate the Learner’s participation in the relevant Course or access to related Services or platforms. No refund of the Course fee will be granted in such cases.
    • Notice of Breach: All notifications regarding breaches will be delivered in writing to the email address provided by the Learner during registration. Such notices are deemed received on the date of successful transmission, unless proven otherwise.
    • Supporting Documentation: ESC may require the Learner to submit supporting documentation or written representations relating to the breach, particularly in cases involving Academic Misconduct, Code of Conduct violations or improper use of ESC systems. The Learner will be given a reasonable opportunity to respond before a final decision is made.
    • Immediate Termination: ESC reserves the right to terminate the Learner’s access without prior notice in cases of serious misconduct, unlawful activity or conduct posing a risk to the integrity or security of ESC’s systems, personnel or other Learners.
    • Communication of Termination: Any notice of termination or disciplinary action arising from a breach will be communicated to the Learner in writing. ESC may include the reasons for the decision and any supporting documentation or evidence, where applicable.

 

  1. Dispute Resolution: This Complaints and Disputes agreement applies only to Learners residing in South Africa (see ESC’s Complaints and Resolutions Policy for more information, section 20 of these Terms).
    • Informal Resolution: ESC is committed to resolving concerns fairly and efficiently. Most issues can be resolved quickly through direct communication. Learners are encouraged to contact ESC at learn@myesc.co.za before initiating any formal dispute process. ESC will make every reasonable effort to resolve concerns informally.
    • Submitting a Complaint: If a dispute or complaint arises in relation to ESC’s Courses, Services, Website or related matters, the Learner may submit the complaint in writing to learn@myesc.co.za. ESC will acknowledge receipt and begin an investigation within five (5) Business Days. Learners may be required to provide supporting documentation or evidence.
    • Internal Resolution Process: Once reviewed, the Learner will receive a written response outlining the findings, outcome or any proposed solution. ESC undertakes to respond within a reasonable timeframe, generally no more than ten (10) Business Days from the date of acknowledgement.
    • Further Dispute Resolution: If the dispute remains unresolved after the internal process:
      • The Learner may refer the matter to arbitration, in accordance with the Arbitration Act 42 of 1965.
      • The arbitration will be conducted in English and in Cape Town (unless otherwise agreed), before a single arbitrator agreed upon by the parties, or, if no agreement is reached within fourteen (14) days, appointed by the President of the Western Cape Bar.
      • The arbitrator must determine the dispute in the most informal and expedient manner permissible, with minimal legal formality.
      • Nothing in this clause limits or restricts the Learner’s right to seek relief in any forum prescribed by the Consumer Protection Act or other applicable legislation.
    • Legal Proceedings: Nothing in this section prevents either party from seeking urgent or interim relief from a court of competent jurisdiction, where reasonably required to protect that party’s rights.
    • Class Actions and Collective Claims: To the fullest extent permitted under South African law, the Learner agrees that all disputes will be handled individually. Learners may not bring claims against ESC as part of a class action, collective claim or representative proceeding.
    • Consumer Rights: ESC undertakes to comply with the Consumer Protection Act 68 of 2008. Learners are entitled to clear, understandable information regarding Course fees, cancellation rights, and service standards. Should the learner have any complaint relating to the service quality, misleading advertising or refund disputes the learner has the right submit a complaint to the Consumer Goods and Services Ombud (CGSO).

 

  1. Indemnity:
    • The Learner agrees to indemnify ESC against any costs, claims or damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, such as loss of profits, business, goodwill, revenue or anticipated savings), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that the Learner or any Third-Party may suffer arising from these Terms or the termination of a Course for any reason, whether or not such damages were anticipated. In no event will ESC’s total liability to the Learner exceed the total amount of fees received from the Learner in the six (6) months preceding the cause of action.
    • ESC does not guarantee the relevance of any Course Material to the Learner, nor the Learner’s ability to obtain employment or promotion as a result of completing any Course.
    • To the extent permitted by law, the Learner agrees to indemnify ESC, its affiliates, shareholders, agents, consultants and employees, and to hold them harmless against any claims brought by any Third-Party arising from these Terms.
    • This indemnity includes all liability or loss that ESC may suffer as a result of such claims, including legal costs on an attorney-and-own-client scale, and additional legal or collection costs.
    • Interruption of Website and/or Online Campus: The Learner acknowledges and agrees that, from time to time, the Website and/or Online Campus may be inaccessible or inoperable for reasons including, but not limited to:
      • Equipment malfunctions or faults.
      • Periodic maintenance, downtime or repairs undertaken by ESC.
      • Causes beyond ESC’s control, including, without limitation, failures or interruptions of telecommunications, digital transmission links, network attacks, network congestion or other failures.
      • Any such interruption to the accessibility of the Website or Online Campus will not be deemed a breach of these Terms under any circumstances. ESC will not be liable to the Learner for any costs, claims or damages arising from any interruption, inoperability or inaccessibility of the Website and/or Online Campus.

 

  1. Privacy Policy and Data Subject Requests:
    • By registering with ESC, the Learner consents to receive marketing communications from ESC. Learners may opt out of generic marketing communications by clicking the “unsubscribe” link at the bottom of the email or by contacting ESC at learn@myesc.co.za.
    • Protection of Personal Information (POPI): The Parties recognise that assessment results and other information obtained or shared under these Terms constitute Learners’ Personal Information as defined by the Protection of Personal Information Act, No. 4 of 2013 (POPIA). Both the Learner and ESC undertake to comply with POPIA and all other applicable laws governing the collection, use, processing and storage of Personal Information.
    • ESC will not share a Learner’s Personal Information with any Third-Party, except in the following cases:
      • The Third-Party is a relevant regulatory or professional body (ESC Courses are not currently accredited; ESC will notify affected Learners directly before sharing information where necessary).
      • The Learner has granted written consent for information to be shared with a Third-Party. Consent must be revoked in writing by the Learner to take effect.
      • Information sharing between companies within the Moonstone Companies Group.
      • ESC reserves the right to verify a Learner’s identity before disclosing any information. This applies to all communication channels.
    • Privacy Policy: For more information, please refer to the Privacy Policy that can be found here.
    • Data Subject Requests: For more information, please refer to the PAIA Manual that can be found here.
    • Data retention: the learner’s data shall be retained for a period of 5 (five) years after the completion of the course, unless otherwise required by law.

 

  1. Governing Law and Jurisdiction:
    • These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The Parties agree that any dispute, controversy or claim arising from or relating to these Terms, which cannot be resolved through negotiation, shall be submitted to the non-exclusive jurisdiction of the Cape Town courts for the purpose of enforcing any claims hereunder.
    • The Learner’s continued use of the Website and/or Online Campus constitutes their consent and submission to the jurisdiction of the South African courts regarding any proceedings, transactions or applications arising from these Terms.
    • No Limitation of Legal Rights: Nothing in this section or these Terms limits or restricts the Learner’s right to approach any court, tribunal or other dispute resolution forum of competent jurisdiction, as provided under the Consumer Protection Act, 2008 (Act No. 68 of 2008) or any other applicable South African legislation.

 

  1. General Provisions:
    • Learner Agreement: These Terms, together with ESC’s policies, constitute the entire agreement between the Learner and ESC in relation to Course registration and enrolment. No variation will be valid unless agreed in writing by both Parties.
    • Severability: If any part of these Terms is found to be partially or fully unenforceable, that provision will be severed, and the remainder of the Terms will continue to apply to the fullest extent permitted by law.
    • Assignment: The Learner may not transfer or assign these Terms, or any rights or licences granted herein, without ESC’s prior written consent. ESC may assign these Terms or its rights and licences without restriction.
    • ESC’s failure or delay in exercising any right or enforcing any provision of these Terms will not constitute a waiver of that right or provision. Any waiver by ESC must be in writing and signed by an authorised representative. A waiver of a specific breach or default does not constitute a waiver of any other or future breach.
    • Retention and Document Management: ESC reserves the right to maintain records of all communications, enrolments, transactions and disputes in accordance with applicable legal, tax and audit requirements.

 

  1. Third-Party Agreements and Applicability of Terms:
    • Where ESC has entered into a separate Service Level Agreement or institutional partnership agreement with an organisation, educational institution or corporate client (“Partner Institution”), the terms of that agreement will be set out in a separately executed contract between ESC and the Partner Institution.
    • All individual Learners, whether accessing ESC’s Courses through a Partner Institution or via direct enrolment, remain bound by these Terms when using ESC’s Website, Online Campus, Course Materials or related Services.
    • Contracting: By registering for a Course with ESC and accepting these Terms via the Website, these Terms constitute the agreement between the Learner and ESC.

 

  1. ESC Complaints and Resolutions Policy:
    • Purpose: ESC is committed to providing a fair, transparent and timely process for addressing Learner complaints and resolving disputes relating to its Courses, Services, Website or Online Campus.
    • Informal Resolution First: Before initiating any formal process, Learners are encouraged to contact ESC directly at learn@myesc.co.za with any concerns or complaints. ESC’s support team will acknowledge receipt within five (5) Business Days and will attempt to resolve the matter informally, in good faith and without delay.
    • Informal Resolution First: Before initiating any formal process, Learners are encouraged to contact ESC directly at learn@myesc.co.za with any concerns or complaints. ESC’s support team will acknowledge receipt within five (5) Business Days and will attempt to resolve the matter informally, in good faith and without delay.
      • The nature of the complaint or dispute;
      • Relevant supporting documentation or evidence;
      • The outcome sought by the Learner.
      • ESC will review and investigate the complaint within ten (10) Business Days of receipt and will provide a written response outlining its findings, decision and any recommended or corrective actions.
    • Further Escalation and Arbitration (if a resolution is not reached):
      • The dispute may be referred to arbitration under the Arbitration Act 42 of 1965, to be conducted by a single arbitrator appointed by agreement or, if no agreement is reached within fourteen (14) days, by the President of the Western Cape Bar.
      • Arbitration will be conducted in English and in Cape Town (unless otherwise agreed) in an informal manner, as deemed appropriate by the arbitrator.
    • Urgent Relief and Legal Rights: This policy does not prevent either party from approaching a court of competent jurisdiction for urgent or interim relief, nor does it limit any rights the Learner may have under South African law, including the Consumer Protection Act.
    • Recordkeeping and Confidentiality: All complaints, responses and supporting documents will be retained for audit and quality purposes. ESC undertakes to treat all complaints and disputes confidentially and in accordance with its Privacy Policy and applicable data protection laws.

 

  1. Moonstone Companies Group:
    • ESC is a subsidiary of Moonstone Information Refinery (Pty) Ltd and forms part of the Moonstone Group of Companies.
    • The Moonstone Group of Companies which specifically refers to:
      • Moonstone Information Refinery (Pty) Ltd – Reg no: 2000/001874/07
      • Moonstone Compliance (Pty) Ltd – Reg no: 2002/020736/07
      • Moonstone Business School of Excellence (Pty) Ltd – Reg no: 2005/020855/07
      • Moonstone Business Solutions (Pty) Ltd – Reg no: 1999/009906/07
      • Moonstone Software Solutions (Pty) Ltd – Reg no: 2018/341741/07
      • Executive Short Courses (Pty) Ltd – Reg no: 2005/020855/07

Moonstone values the trust our clients, employees, and service providers place in us. For more information about Moonstone, its companies, Policies and Procedures, please visit: https://www.moonstone.co.za/data-privacy/