Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the LearnershipLinks Learnership Submission Platform ("Platform"), operated by AIBA Software and App Dev (Pty) Ltd, Registration Number [Reg No], ("AIBA", "we", "us").

2 Description of Service

LearnershipLinks is a QCTO-compliant digital platform that enables:

• Learners to register, submit Portfolio of Evidence (PoE), and log workplace hours
• Training providers to manage learner submissions and generate SETA reports
• Assessors and Moderators to review and assess learner evidence
• Employers to digitally sign off workplace evidence

3 Access Codes and Device Binding

• Each access code is issued to one named individual and is non-transferable
• Upon first use, your access code is permanently bound to your device
• Using another person's access code is a violation of these Terms
• AIBA reserves the right to immediately suspend access codes used fraudulently
• Device resets may be requested by contacting support — a fee may apply

4 Subscription and Payment

• Subscriptions are billed monthly or annually as selected at checkout
• All prices are in South African Rand (ZAR) and exclude VAT
• VAT at the current rate (15%) will be added at checkout
• Payment is processed by LemonSqueezy — AIBA does not store card details
• Failed payments will result in a grace period of 3 days before access suspension
• Cancelled subscriptions remain active until the end of the paid period
• No refunds are issued for partial months

5 College / Provider Licences

• College licences include a base fee (R500/month) plus per-learner fees (R22/learner/month)
• The college is responsible for ensuring learners use the platform ethically
• Colleges may not resell access without a signed reseller agreement with AIBA
• Maximum learner counts per tier must not be exceeded

6 Acceptable Use

You agree NOT to:

• Submit false, fabricated or plagiarised evidence in your PoE
• Share, sell or transfer your access code to another person
• Attempt to reverse engineer, decompile or copy the platform
• Use the platform for any purpose other than QCTO learnership administration
• Attempt to circumvent security measures including access code device binding
• Upload malicious files or content

7 QCTO Compliance Disclaimer

LearnershipLinks is designed to facilitate QCTO-compliant learnership administration. However, AIBA does not guarantee that use of the platform will result in QCTO certification. Certification decisions are made by registered Assessors, Moderators and the relevant SETA — not by AIBA or the platform.

8 Limitation of Liability

To the maximum extent permitted by South African law, AIBA shall not be liable for any indirect, incidental, or consequential damages arising from your use of the platform. Our total liability shall not exceed the amount paid by you in the 3 months preceding the claim.

9 Service Availability

We aim for 99.5% uptime. Planned maintenance will be communicated 24 hours in advance. We are not liable for downtime caused by third-party services (Netlify, Firebase, Google) or force majeure events.

10 Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the South African courts.

11 Changes to Terms

AIBA may update these Terms at any time. Continued use of the platform after changes constitutes acceptance of the new Terms. Significant changes will be communicated via email.

Data Processing Agreement

1 Roles

The College/Training Provider is the Data Controller — responsible for determining the purpose and means of processing learner data. AIBA is the Data Processor — processing data only on behalf of and under instruction from the Data Controller.

2 What Data Is Processed

AIBA processes, on behalf of the College, all personal information of learners enrolled under that College's licence, including but not limited to: names, ID numbers, contact details, qualification records, PoE evidence, logbook entries, and assessment results.

3 Processing Instructions

AIBA processes learner data solely for the purpose of providing the LearnershipLinks platform services. AIBA will not process data for any other purpose without explicit instruction from the Data Controller.

4 Security Obligations (AIBA)

• Implement appropriate technical and organisational security measures
• Ensure all staff with access to learner data are bound by confidentiality
• Notify the Data Controller within 72 hours of any data breach
• Conduct regular security assessments

5 Data Controller Obligations

• Obtain lawful consent from learners before enrolling them on the platform
• Ensure learners are aware of this Privacy Policy
• Only enrol learners for whom you have a legitimate processing purpose
• Respond to learner data access/deletion requests within 30 days

6 Sub-processors

AIBA uses the following sub-processors, each bound by equivalent data protection obligations:

• Google LLC — Firebase (authentication, database), Google Sheets (backup reporting)
• LemonSqueezy LLC — Payment processing
• SendGrid Inc. (Twilio) — Email delivery
• Netlify Inc. — Hosting and content delivery

7 Data Deletion

Upon termination of the College licence, AIBA will provide the Data Controller with an export of all learner data within 14 days, then delete all associated data within 30 days, unless retention is required by law.

POPIA Compliance Statement

Information Officer

• Designated Information Officer: Willem Lourens
• Company: AIBA Software and App Dev (Pty) Ltd
• Email: privacy@learnershiplinks.aibasad.co.za
• Registered with Information Regulator: [Registration number pending]

Eight Conditions for Lawful Processing

1. Accountability — AIBA is accountable for processing activities. Our Information Officer oversees all data handling.
2. Processing Limitation — We only collect data necessary for learnership administration purposes.
3. Purpose Specification — Data is collected for specified, explicit purposes (QCTO learnership administration) and not further processed incompatibly.
4. Further Processing Limitation — Data is not used for purposes beyond those specified.
5. Information Quality — We take reasonable steps to ensure data is accurate, complete and up to date.
6. Openness — This Privacy Policy is publicly accessible. Learners are notified of processing at registration.
7. Security Safeguards — We implement appropriate technical measures including HTTPS, access controls, rate limiting, device binding and regular backups.
8. Data Subject Participation — Learners may access, correct or request deletion of their data at any time.

Lawful Basis for Processing

• Consent — Obtained at registration for all personal data processing
• Contract — Processing necessary to fulfill the learnership platform service
• Legal obligation — SETA reporting required by Skills Development Act
• Legitimate interest — Security measures including device fingerprinting for fraud prevention

Special Categories of Information

LearnershipLinks processes the following special personal information that requires additional protection:

• Race/Equity group — Required by SETA for equity reporting under the Employment Equity Act
• Disability status — Required by SETA for disability reporting
• ID number — Required for NLRD and QCTO registration

These categories are collected only with explicit consent and shared only with the relevant SETA/ETQA as required by law.

Data Subject Rights — How to Exercise Them

To exercise any of your POPIA rights, contact our Information Officer:

Email: privacy@learnershiplinks.aibasad.co.za

We will respond within 30 days. If you are dissatisfied with our response, you may lodge a complaint with the Information Regulator at inforeg.org.za