Terms and Conditions of Sale
Next Gen Learning (NGL)
Effective date: 29 July, 2025
These Terms and Conditions of Sale (“Terms of Sale”) govern your purchase and enrolment in online executive education courses provided by Next Gen Learning Pty Ltd (“NGL”, “we” or “us”), a South African company (Registration No. 2024/725861/07). By registering for a course and paying the applicable fees, you (“you” or the “Participant”) agree to be bound by these Terms of Sale. These terms, together with the NGL Platform Terms of Use and our Privacy Policy, constitute the entire agreement between you and NGL regarding your course enrolment and participation.
1. Course Fees and Payment
Fees: All course fees must be paid in full (in the currency and amount specified for the course) prior to the start of the course, unless NGL offers a written instalment plan for a particular programme. The fee covers access to the online course content and platform, including any live sessions and use of our AI learning assistant “Paski”, as well as a digital certificate of completion (if you meet the completion criteria). Prices are inclusive of any applicable taxes unless stated otherwise at the point of payment. You are responsible for any bank charges, foreign transaction fees, or taxes that your payment might incur.
Payment Methods: Payments are processed via our approved payment providers. By providing your payment details, you represent that you are authorised to use the payment method and you authorise NGL (or our third-party payment processor) to charge the full course fee to the provided payment method. We may seek pre-authorisation of your payment account when you enrol to verify the account has sufficient funds or credit. If your payment is not received or is reversed for any reason, NGL reserves the right to suspend or cancel your enrolment.
Confirmation: Upon successful payment, you will receive an enrolment confirmation by email, which finalises your seat in the course. NGL reserves the right to refuse any enrolment if payment is not verified or if there has been an error in pricing on our site (in which case we will refund any amount you have paid in error).
2. Cancellations and Refunds
We want you to feel confident in your enrolment. However, our programmes have limited seats, and last-minute withdrawals can impact others. Our refund policy is as follows:
Full Refund Period: You may request a full refund of the course fee if your withdrawal request is made at least 10 calendar days before the published course start date. This allows those who register well in advance, as well as those who join just before a course begins, a fair window to change their mind.
Request Process: To cancel your enrolment and request a refund, you must notify NGL in writing (e.g. via email to our support team) within the applicable refund period. Refund requests received after this period will not be honoured except as required by law or under any special guarantees explicitly offered for the course. NGL will use commercially reasonable efforts to process approved refunds within seven (7) working days of confirmation (actual receipt of funds may depend on your bank/card).
No Partial Refunds: Once the refund deadline has passed, no partial or pro-rated refunds are offered for those who choose to withdraw late or who only partially complete the course. For example, if you withdraw after the refund period or fail to complete the course, you will not be entitled to a tuition refund (full or partial).
Deferred enrolments: If you opted to defer your enrolment to a later course session, you are not eligible for a refund on the deferred session. Deferrals or postponements (transferring to a later cohort) may be permitted one time at NGL’s discretion if requested by the course midpoint, but once you defer, you waive any right to refund on the new session.
Misconduct or Policy Violations: Please note that if you are removed from the course due to a violation of our Platform Terms of Use or code of conduct, you will not be entitled to a refund. NGL reserves the right to refuse a refund request if we terminate your access for violating our terms or policies, even if the request is made within the normal refund period.
Apart from the above, no other refunds or credits will be issued for any reason, except in the unlikely circumstances described below (course cancellation by NGL) or as required by applicable consumer protection laws. Nothing in these terms affects any statutory rights you may have under law.
3. Course Changes and Cancellation by NGL
NGL is committed to delivering high-quality programmes as advertised. However, we reserve the right to cancel, postpone, or make minor changes to a course under certain circumstances:
Insufficient enrolment or Force Majeure: If a course is canceled before its scheduled start date (for example, due to insufficient enrolment, instructor unavailability, or events beyond our control like natural disasters or other force majeure events), NGL will notify you as soon as possible. In such a case, you will be entitled to a full refund of the course fees you have paid, or at your option, a transfer to another course or a later session (subject to availability). If the course start is merely delayed by a short period, NGL will inform you and the course will commence on the revised date; a minor delay will not typically entitle a refund on its own.
Course Modifications: NGL and our university partners reserve the right to make reasonable modifications to the course content, curriculum, schedule, or instructors if necessary to improve the programme or address scheduling issues. Any such changes will not change the overall nature of the course. We will strive to ensure the course delivers its advertised learning outcomes, and changes will be communicated to participants. Modifications (such as a change in an instructor or adjustment of session timing) shall not entitle you to a refund as long as the course is delivered.
Cancellation Mid-Course: In the extremely unlikely event that a course that has already started must be terminated early by NGL (e.g., an unexpected issue prevents continuation), we will make efforts to provide you with a pro-rata refund or credit for the portion of the course not delivered, or alternative content to cover the missed portion. NGL’s liability in such cases will be limited to the amount of fees prepaid for the undelivered portion of the course.
Other than refund of the paid fees (or pro-rated portion, if applicable) as set out above, NGL and its partners will not be responsible for any other losses or costs you may incur due to a cancellation or schedule change (for example, currency exchange differences, bank fees, travel or time arrangements, etc.), to the fullest extent permitted by law. We strongly encourage you to plan for courses only after you receive our confirmation, and we will promptly inform you of any changes to mitigate any inconvenience.
4. Participant Responsibilities and Conduct
By enrolling in an NGL course, you agree to the following commitments as a Participant:
Prerequisites and Eligibility: You represent that you meet any stated prerequisite requirements for the course (for example, years of work experience or prior qualifications, if indicated). Our courses are generally designed for adult working professionals. You must be at least 18 years old (or the age of majority in your jurisdiction) to enroll, or have explicit permission from NGL for any younger participants in special cases.
Accurate Information: You agree to provide true, accurate, and complete information during the registration process (such as your legal name for the certificate, contact information, and any other details requested). You will maintain and promptly update your profile information if it changes. Providing false information or impersonating another person is a violation of these terms and may lead to your removal.
Platform Account: You must also create an account on the NGL learning platform to access course materials. The account is for your personal use only. Keep your login credentials secure and do not share your account with others. You are responsible for all activities under your account. If you suspect unauthorised use of your account, notify us immediately.
Adherence to Platform Terms and Code of Conduct: All Participants are required to comply with our NGL Platform Terms of Use while accessing course content and interacting on our platform. This includes following all rules for acceptable conduct in discussion forums, group work, live sessions, and any use of the AI Tutor. You agree not to engage in any behavior that is illegal, abusive, disruptive, or academically dishonest. For example, you must not harass or bully others, post obscene or infringing content, or attempt to hack or cheat the platform. NGL has the right to remove you from the course (with no refund as noted) for serious misconduct or violations of these terms or the Platform Terms of Use.
Participation and Effort: NGL’s courses are short but intensive. You are expected to actively participate in course activities (such as watching lectures, completing tutorials, assignments or quizzes, contributing to group projects or discussions, and attending live sessions if applicable). You are responsible for managing your time to meet course deadlines. While these are non-credit courses, a certificate of completion typically requires you to fulfill certain minimum requirements (for example, viewing all modules, submitting required work, or achieving a minimum participation level as will be communicated in the course).
No Cheating or Misuse of Content: You agree to maintain academic integrity. Any work you submit (assignments, quizzes, etc.) should be your own. You will not engage in plagiarism or other forms of cheating. You also agree not to misuse course materials – for instance, you must not share or sell the course content to others, nor make any recordings of live sessions without permission. (NGL will provide recordings of live sessions if appropriate.) All course materials are protected by intellectual property laws and are provided for your personal educational use only (see Intellectual Property section below).
By fulfilling these obligations, you help create a productive and respectful learning environment for everyone.
5. Certificates and Academic Credit
Upon successfully meeting the course requirements, you will receive a digital Certificate of Attendance or a Certificate of Completion issued by the partner institution in collaboration with NGL. The certificate will typically be sent electronically (e.g., via email) in the name you provided at registration. Please ensure your name is correct, as it will appear on the certificate. If you believe there is an error on your certificate, you must contact us within a reasonable time after course completion to request a correction.
Nature of the Certificate: The certificate verifies that you have completed the continuing education course, but it is not a degree, diploma, or professional certification. Our courses are non-credit bearing; they are not part of a formal degree programme, and thus do not confer academic credit or qualifications towards a college/university degree. In other words, you will not be an admitted student of the partner university by virtue of enrolling in an NGL course, nor will you be entitled to alumni status or student privileges at that university. The certificate is a recognition of course attendance or completion only (not a certification of competence or graded achievement).
Use of the Certificate: You are of course free to mention or display that you earned this certificate (for example, on your CV or LinkedIn). However, you must not represent yourself as having earned a degree or formal qualification from the partner university. You also may not use the university’s or NGL’s logos or trademarks in any unauthorised manner. Prospective employers or parties who wish to verify your certificate may contact us or use verification tools we provide. We reserve the right to revoke a certificate if it was issued in error or if you are found to have violated these terms or engaged in fraud to obtain it. Additionally, if you do not meet the course completion criteria, you will not receive the certificate (and no refund will be provided in that case, as the onus is on you to complete the course).
NGL and its partners make no guarantees as to the effect of the course or certificate on your future academic or career opportunities. The value of the certificate is personal and professional development; it does not guarantee job placement, promotion, or any particular outcome, and we encourage you to continue applying your learning diligently beyond the course.
6. Intellectual Property
All content provided or made available by NGL or its university partners during the course (“Course Materials”) is the property of NGL and/or our partners or licensors, and is protected by copyright, trademark, and other intellectual property laws. Course Materials include, without limitation: video lectures, live session recordings, slides, readings, problem sets, curriculum design, software (including the AI Tutor and platform interface), code, graphics, logos, text, and any other materials provided to you within the platform.
Limited License for Personal Use: During your enrolment, NGL grants you a limited, non-exclusive, non-transferable license to access and use the Course Materials for your personal, educational purposes only. This license is conditioned on your continued compliance with these Terms of Sale and the Platform Terms of Use. You may download or print materials if explicitly allowed (for example, PDF handouts or slides, when provided), but only for your own course participation and reference. You may not copy, distribute, reproduce, or create derivative works from any Course Materials (in whole or part) for any other purpose without prior written permission from NGL. This means, among other things: you cannot share your course access with others; you cannot publish our videos or content on external platforms; and you cannot use our content to teach your own course or for commercial gain. Any attempt to sell, transfer, or provide access to course content or your account to any unauthorised party is strictly prohibited.
Intellectual Property of Participants: If you as a participant create or submit content on the platform as part of the course (“User Content” – for example, posts in discussion forums, project deliverables, assignments, AI interactions or comments), you retain any intellectual property rights you hold in that content. However, by submitting User Content, you grant NGL and the course partner a royalty-free, worldwide, sub-licensable permission to use, reproduce, modify, and display your content as needed for course administration and educational purposes. For instance, we may need to display your post to other learners in a forum, grade your assignment, or retain your work as an example for accreditation or marketing (we will seek additional permission for public marketing use in that case). This license to us does not change your ownership of your content; it only allows us to operate the course and platform. You also agree that NGL, the university partner, and other participants have the right to reference or discuss your User Content as part of the learning process.
Prohibited Content: You must ensure that any User Content you contribute does not infringe the intellectual property or privacy rights of others, and is not unlawful, confidential (if not yours to share), defamatory, or otherwise objectionable. In other words, only share content that you have the right to use and that is appropriate for the educational setting. You represent and warrant that you either own or have obtained all necessary rights and permissions to share the content you post, and that doing so will not violate any third-party rights or laws. NGL is not responsible for the content of user posts, and we do not actively edit or pre-screen postings. However, we reserve the right to remove or restrict access to any User Content that we determine (in our sole discretion) violates these terms or is otherwise objectionable. Participants who repeatedly or egregiously infringe others’ intellectual property or post inappropriate content may be removed from the platform (and course) per our termination policy.
University and Company Marks: The university partner’s name, crest, and logo, as well as NGL’s trademarks and logos, may appear on the platform and course certificate. These are the intellectual property of the university and NGL respectively. Your enrolment in the course does not grant you any license or right to use these marks for any purpose outside the context of the course materials provided. You may not use or display the university’s or NGL’s names or logos in any way that implies endorsement or affiliation (beyond the factual statement that you participated in a course). Any approved use (such as listing the programme name and university on your résumé or LinkedIn) should be truthful and in line with guidelines we may provide. If in doubt, please contact us for clarification on proper referencing of the credential.
7. Personal Data and Privacy
Collection and Use: In enrolling for a course, you will provide personal information such as your name, contact details, professional background, and possibly other data (collectively, “Personal Data”). NGL will collect and use this data for purposes of delivering the educational services – including processing your registration, verifying eligibility, facilitating course delivery (e.g., creating your user account, tracking your progress, issuing your certificate), and providing learner support. We may also use your contact information to send you course-related updates or announcements, as well as marketing communications about new courses or offerings (you can opt out of marketing emails at any time). All handling of Personal Data is done in accordance with our Privacy Policy and applicable data protection laws. By enrolling, you acknowledge that you have read our Privacy Policy and you consent to NGL’s collection, use, and sharing of your data as described in these Terms and our Privacy Policy.
Sharing with University Partner: If your course is offered in collaboration with a university or other institutional partner, you agree that NGL may share relevant Personal Data with that partner institution as needed to run the course and related programmes. For example, NGL will share your identity and contact details, and relevant educational or performance data, with a university partner for course run in partnership with them. This allows the university to assist in delivering the programme (such as providing instructors or graders), to evaluate your progress, to issue your certificate upon completion, and to maintain an academic record of the offering. The partner university may also use this information for its own legitimate purposes such as maintaining alumni relationships or conducting research on programme effectiveness. Please note that the partner university will treat your Personal Data according to its own privacy policy and data protection practices. NGL will only share data that is necessary and relevant, and we will rely on appropriate legal bases (such as the necessity for performance of this training contract, or your consent where required) for such sharing. If you have questions about how the university partner uses your data, you should review their privacy notice or contact them directly.
Sharing with Sponsors or Third Parties: If a third party is paying for or sponsoring your participation (for example, your employer or a scholarship provider), you agree that NGL may disclose progress and completion information to that third party as needed to fulfill our obligations (e.g., confirming to your employer that you have completed the course). We will not share more than necessary, and generally such sharing will be based on your consent or contractual necessity. Additionally, NGL may share limited data with service providers that help us run the course (such as platform hosting, payment processing, or analytics providers), under strict data protection agreements. We do not sell your Personal Data to third-party marketers.
Data Security: NGL employs reasonable technical and organisational measures to protect your Personal Data against unauthorised access or disclosure. However, you understand that no platform can be 100% secure, and we cannot guarantee absolute security of data. It is important that you also keep your account credentials secure and notify us if you suspect any breach.
Data Rights: Depending on your jurisdiction, you may have certain rights regarding your Personal Data (e.g., rights to access, correct, or delete data). Our Privacy Policy outlines how you can exercise those rights and how to contact us or our Data Protection Officer (if applicable).
By enrolling, you also agree that NGL may send you service communications (e.g., emails about course progress, schedule, or policy updates). For any optional marketing communications, we will provide a clear opt-out mechanism. If at any time you have concerns about your Personal Data, please contact us at the email provided in the Privacy Policy or “Contact Us” section of these terms.
8. Disclaimers of Warranty
Educational Service Provided “As Is”: NGL strives to deliver an excellent learning experience, but we do not make specific warranties or guarantees about the platform or the course content. To the fullest extent permitted by law, the course and platform are provided “as is” and “as available”. NGL, the partner university, and our affiliates disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the course content is error-free or 100% up-to-date, or that the platform will be available uninterrupted or free of technical issues at all times. While we use quality sources and experts for course material, the information and advice given is for educational purposes only and no professional advisory relationship is formed between you and NGL or any instructor. For example, if a course or the AI Tutor provides business or legal guidance, you should independently verify or consult a professional before making important decisions – NGL is not liable for how you use or interpret the course information.
AI Tutor Disclaimers: The NGL platform includes an AI-powered tutor (“Paski”) designed to enhance your learning (for example, by answering questions or providing explanations). You acknowledge that generative AI technology has limitations and may occasionally produce incorrect or irrelevant answers. The AI Tutor’s responses are to be used as a supplemental learning aid and should not be relied upon as absolute truth or advice. We strongly advise that you use your own judgment and, if needed, seek human expert input for any critical decisions. Do not base business, financial, health, or other important decisions solely on AI outputs. NGL makes no warranties regarding the accuracy or appropriateness of the AI Tutor’s responses. By using the AI Tutor, you agree that you understand its experimental nature and that human oversight is essential in interpreting its output. We also cannot guarantee that the AI Tutor will be available at all times or that it will always understand your queries. (We welcome feedback to improve it!) Use of the AI Tutor is at your own risk, and NGL is not responsible for any action you take or fail to take based on the AI’s output.
Third-Party Tools and Links: During the course, we may utilise third-party platforms or tools (for example, videoconferencing services for live sessions, or external websites for supplemental readings). These tools are typically not under NGL’s control, and we provide them either as a convenience or necessity for the programme. We make no warranties or guarantees regarding any third-party services. Your use of third-party tools may be subject to those providers’ terms and privacy policies. NGL is not responsible for content or practices of websites or resources that may be linked from our platform. Access any third-party materials at your own discretion and risk.
No Additional Warranties: No advice or information (whether oral or written) obtained from NGL or through the course shall create any warranty not expressly stated in these terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, NGL’s warranties will be limited to the minimum extent permitted by applicable law.
9. Limitation of Liability
Limitation on Types of Damages: To the fullest extent permitted by law, NGL and its university partners, affiliates, officers, employees, and agents will not be liable to you for any indirect, incidental, special, consequential, or punitive damages. This includes, for example, any loss of profits or revenues, loss of goodwill, loss of data, or other intangible losses, arising out of or in connection with your enrolment, the course content, or your use of (or inability to use) the NGL platform. We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control. Additionally, if you incur costs or losses due to using our course or platform (for instance, if your computer system is damaged by something downloaded from our site, or if you believe you lost an opportunity), NGL will not be responsible for those indirect costs.
Cap on Liability Amount: In all cases, NGL’s total cumulative liability to you for any claims arising out of or relating to the course or these Terms (whether in contract, tort, or otherwise) is limited to the total amount of course fees you paid to NGL for that course. For example, if you paid $1,000 for a course, then NGL’s liability for any claims related to that course will not exceed $1,000 in aggregate. If the services were provided to you free of charge, NGL shall have no liability to you, to the extent permitted by law. This limitation is a fundamental part of the bargain – the course fees would be higher if we had to assume unlimited liability.
No Liability for Certain Claims: NGL and the partner institution specifically disclaim any liability for any claims relating to: (a) your personal actions or choices during or after the course; (b) any dispute between you and another participant; (c) any content that you or other participants create (we do not vet student submissions in advance); and (d) any expectations you had regarding the course outcomes that were not met (for instance, if the course did not meet your needs or you failed to achieve a particular result). The educational services are provided as a tool for you to improve your knowledge, but your success depends on many factors outside our control.
Applicability: Some jurisdictions do not allow the exclusion or limitation of certain damages. If any exclusion of damages or limitation of liability is prohibited by law, then (and only to that extent) such exclusion or limitation will not apply to you, and you may have rights under local law. However, in such cases, our liability will be limited to the maximum extent permitted by that law.
You acknowledge that the disclaimers and limitations of liability in these Terms of Sale are reasonable and have been taken into account in pricing the course. They allocate risks between us and form part of the basis of this agreement.
10. Governing Law and Dispute Resolution
These Terms of Sale and any dispute or claim arising out of or in connection with them or the services provided (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. If you are a consumer residing outside South Africa, you may also be entitled to the protection of the mandatory consumer protection provisions of your local law; these Terms do not deprive you of any such protections.In the event of any controversy or claim, we strongly encourage you to first contact NGL’s support or legal department to seek an informal resolution. We value our learners and will attempt in good faith to resolve any issue promptly. If we cannot resolve informally, then, subject to any applicable law:
Jurisdiction: You agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute arising out of or relating to these Terms or your course participation, except that NGL may seek injunctive relief in any competent jurisdiction to protect its intellectual property. If you reside outside South Africa, you and NGL both waive any objection to the courts of South Africa on grounds of inconvenience or forum non conveniens.
Arbitration (if opted): At NGL’s sole discretion, we may offer to resolve certain disputes through binding arbitration (especially for international cases), in which case we will propose an arbitration process/agreement separately. You are free to decline any such proposal. Unless otherwise agreed by both parties in writing, we will litigate disputes in court as stated above.
Class Actions Waiver: To the maximum extent permitted by law, you and NGL agree that any disputes will be resolved only on an individual basis, and you waive any right to bring or participate in a class, collective, or representative action (e.g., as a class member seeking relief in a class action lawsuit). This means you may only seek relief for yourself individually and not on behalf of other participants. If this waiver is found unenforceable, then any purported class or representative action shall be severed and handled in a civil court, not in arbitration (if arbitration was applicable).
11. Miscellaneous
Restricted Use: Our online education services are subject to United States export control and economic sanctions laws. By accessing or using our services, you represent and warrant that you are not located in, ordinarily resident in, or a national of any country or region that is subject to comprehensive U.S. sanctions, including Cuba, Iran, North Korea, or the Crimea region of Ukraine (and any other regions, countries, or parties as may be designated by the U.S. Department of the Treasury’s Office of Foreign Assets Control).You further agree that you are not a person or entity listed on any U.S. government restricted party list, including but not limited to the Specially Designated Nationals (SDN) List, the Denied Persons List, or the Entity List. Use of our services in violation of these restrictions is strictly prohibited and may result in immediate termination of access. NGL may update or revise these Terms of Sale from time to time to reflect changes in our courses, policies, or applicable law. We will notify you of material changes (for example, by email or by posting a notice on our website or platform). The latest version of the Terms of Sale will always be available on our website. Continued participation in a course after changes become effective signifies your acceptance of the updated terms. If you do not agree to the revised terms, you should notify us and may withdraw from the course (in which case, depending on timing, a refund may be offered according to the refund policy).
Entire Agreement: These Terms of Sale (along with the Platform Terms of Use, the Privacy Policy, and any other documents expressly incorporated by reference) constitute the entire agreement between you and NGL regarding the sale and delivery of the course, and supersede any prior agreements or understandings (written or oral) relating to the subject matter. In the event of a conflict between these Terms of Sale and the Platform Terms of Use, these Terms of Sale shall prevail with respect to any issues specifically concerning course enrolment or fees, whereas the Platform Terms govern general use of the website and learning environment.
Severability: If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable (or severed if no such modification is possible), and the remaining provisions shall remain in full force and effect.
No Waiver: If NGL does not exercise or enforce any right or provision of these terms, it shall not constitute a waiver of that right or provision. Any waiver of any provision by us on one occasion shall not imply a waiver on any other occasion.
Assignment: You may not assign or transfer your rights or obligations under these Terms of Sale to any other person without our prior written consent. NGL may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law. These Terms will inure to the benefit of and be binding upon the parties and their permitted assigns.
Notices: Any notices or communications to NGL regarding these terms or the course should be sent to us by email at legal@nxgl.ai (or another email address designated by us for legal notices), or by mail to our registered office address. We will send any official notices to you at the email address you provided during registration. It is your responsibility to keep that contact information updated. Email notices shall be deemed received 24 hours after sending, unless the sender is notified that the address is invalid. Postal notices shall be deemed received 5 business days after posting (if domestic) or 10 business days after posting (if international).
By purchasing and enrolling in an NGL course, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Sale. If you have any questions or concerns about these terms, please contact us before proceeding with your enrolment. Thank you for choosing NGL for your professional learning journey!
Last Updated: July 27, 2025