General Terms of Use of the Site

AYMS owned by TRU4 (Pty) Ltd and trading as a division of TRU4 (Pty) Ltd trading in online solutions known as AYMS. Where this document refers to AYMS, it shall also include its owners TRU4 (Pty) Ltd.

By using this website, Learner Management System, or Mobile Apps or any other part of a website or platform you agree to all terms of use, including the privacy policy or other policies referenced to such sites. If you do not agree to these terms of use, you must cease your access and use of this site immediately.

The AYMS Learner Management System is provided at https://lms.ayms.co.za to support the private study of registered  AYMS course participants and to facilitate and support the teaching by its authorized advisors. The website is offered at https://lms.ayms.co.za with our Mobile apps available from the Play store and also accessible from the Moodle App in the Microsoft Store.

These Conditions of Use and Code of Conduct apply to all registered users and set out the terms and conditions for the use of these Sites, which includes any interactive service or features associated with it such as Discussion Forums. Access to this Site means that as a user, you accept and agree to abide by all the terms and conditions in these Conditions. Please read these Conditions carefully before you begin to use the site.

These Conditions may be amended at any time. Revised Conditions take effect immediately from the time they are published, and continued use of the site will be deemed acceptance of updated or amended Conditions. AYMS may be required to amend our Terms and Policies from time to time without notice. It is your duty to familiarise yourself with the latest versions.

Accessibility of web pages

If you experience any problems accessing the site or other materials, please let us know by emailing support@ayms.co.za including the URL of the resource you are trying to access, the name and version number of your browser or app, and the platform/operating the system you are using.

Accessing the Site

As an authorized user (course participant or advisor), you are responsible for the security of your user name and password.

Please note: You must not share your user name or password with others.

You may use the site only for lawful purposes. You must not use the site:

• In any way that breaches any applicable local, national or international law or regulation
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
• For the purpose of harming or attempting to harm minors in any way
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with Content Standards (see below)
• To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other forms of similar solicitation (spam)
• To knowingly transmit any data, send or upload any material that contains viruses, or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment.

Limitation of liability

The learning materials on this site are provided on an 'AS IS' and 'AS AVAILABLE' basis. To the extent permitted by law, AYMS excludes any representations or any warranties (whether express or implied by law), including the implied warranties of satisfactory quality, the fitness of a particular purpose, non-infringement, compatibility, security, and accuracy.

You should regard nothing contained on this website as an offer, but as an invitation to view our website and its content, and to enroll in courses offered.

The learning materials may contain advice, opinions, statements, or other information by various authors or organizations. Reliance upon any such advice, opinion, statement or additional information is at your risk, and to the extent permitted by law, AYMS see it disclaims all liability and responsibility arising from any reliance placed on such information by any user of the learning materials or by anyone who may be informed of such information.

Where the learning materials provide links to other websites and resources provided by third parties, those links are provided for information only. AYMS has no control over the contents of those sites or resources or their privacy/data protection policies and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

In no event shall AYMS be liable to any party for any of the following losses or damages (whether such losses be foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, the loss suffered by third parties, any direct, indirect, special, incidental, or consequential loss or damages arising out of the use of the learning materials or reliance on any material or services provided in this site or accessed through it, whether or not amended by third parties and regardless of the form of action.

Subject to applicable law, we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion, and you may also have other rights that vary from jurisdiction to jurisdiction.

Websites may contain hyperlinks to websites owned and/or operated by third parties which we are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us).

While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this website or by destructive data or code that is passed on to you through the use of this website.

We will pursue prosecution of and compensation from any person who delivers or attempts to provide any destructive code to this website or attempts to gain unauthorized access and use to any page on this website.

General

Nothing in these Conditions is intended to nor shall it confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

AYMS failure or delay exercising or enforce any right in these Conditions do not waive the right of AYMS to enforce that right.

If any of these Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which they are intended to be effective, then to the extent and within that jurisdiction in which that condition of use is illegal, invalid or unenforceable, it shall be severed and deleted from these Conditions, and the remaining Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

The fact that certain or all of the hyperlinks may be non-operational will not play a role in the determination of the validity and interpretation of these Terms.

Notice and takedown policy

If you are a copyright owner and are concerned that you have found the material in these learning materials for which you have not given permission, or is not covered by a legal advisory exemption, please contact AYMS. in writing stating your contact details and the bibliographical details of the material:

8 Bosmansdam Road
Marconi Beam
Milnerton
7447
Email: support@ayms.co.za

Upon receipt of notification, AYMS will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.

Upon receipt of a valid complaint, the material will be temporarily removed from the AYMS intranet pending an agreed solution.

Jurisdiction

These Conditions and all questions of construction, interpretation, validity, and performance under these Conditions including non-contractual disputes or claims shall be governed by South African law and subject to the exclusive jurisdiction of the South African courts.

Support 

For all AYMS queries and issues please contact the eLearning team using the email support@ayms.co.za. The eLearning team will endeavor to respond to your question as soon as possible. A member of our team will typically be available during South African business hours (i.e. 9h00am to 17h00pm, Monday to Friday). Out of hours and on Public Holidays, your queries will be treated as a matter of the highest priority as soon as we are back in the office.

Contact details

8 Bosmansdam Road
Marconi Beam
Milnerton
7447
Email: support@ayms.co.za

Use by Learners

Accessing AYMS

By clicking on the "Agree" button when signing up for a Course, you agree to be bound by these Terms and Conditions, Terms of Use and Policies. All information provided to us must be accurate and honest. Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products. Access will be awarded on the successful payment of outstanding fees. You are in no way forced to sign up for any course, and you need to ensure that you are signing up for the correct course from the information we provide. When not, sure please ask questions. 

Making contributions

AYMS is designed to be a place for you to contribute to discussions, ask questions, and provide help and advice to fellow students. Please respect the views of others and, where you disagree, do so politely and in the spirit of academic discourse.

If you spot anything that could cause offence, you should point it out to the original poster (who may be unaware of the offence) or your advisor. 

Advisors are authorized to communicate with course participants whose behaviour presents cause for concern and to issue a warning.

All authorized users posting material within AYMS are responsible for their own postings. In making a contribution within AYMS you retain copyright in your Contribution and grant to AYMS a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, publish, transmit, distribute, edit and/or modify the material contained in your Contribution (including modifying and adapting it for operational and editorial reasons for the purposes of the learning, teaching and student assessment components of AYMS courses. We may ask you for your permission to pass your Contribution to third parties which have contributed to a course. Copyright in your Contribution will remain with you, and this permission is not exclusive, so you can continue to use your material in any way, including allowing others to use it.

You agree to abide by the Content Standards and Copyright Regulations and accordingly agree not to submit material that is liable to disrupt the study of other students.

Content Standards

These Content Standards apply to any and all material which you contribute to this site, which includes any interactive services or features associated with it, such as the Discussion Forums.

Contributions must:

• Be accurate and Honest
• Comply with applicable law in South Africa and the law of the country from which they are posted.

Contributions must not:

• Be offensive in any way. Be Disrespectful in any way. Contain obscene or unappropriated images or comments. Be within the law of the country it is made in.

Always respect other people's opinions.

Please note: AYMS reserves the right to promptly remove, or to disable access to, any Contribution which in its discretion it deems to breach these Content Standards and to take further action as it feels necessary or is required by law, which may include the exclusion of the contributor from the site. AYMS expressly excludes its liability for any loss or damage from the use of this site by any person in contravention of these Conditions of Use and Code of Conduct, including its Content Standards.

Contributions to this Site by registered users are the intellectual property of the contributor and should be acknowledged wherever quoted or referred to by other course participants.

Registered users are also bound by the rules for appropriate use-imposed by the Learners Code of Conduct, available at support@ayms.co.za

All course participants are generally expected to submit work for assessment electronically via AYMS. AYMS reserves the right to submit a course participant's work submitted for assessment to an appropriate electronic plagiarism detection service if that work is suspected to be composed of plagiarised material. Further information will accompany details relating to assignment submission where relevant.

Plagiarism can be defined as the intentional or unintentional use of another's work without providing reasonable and appropriate credit to the author or source of the work. Plagiarism includes, but is not limited to, the use of another's words, ideas, opinions, theories, or data. 

When we suspect plagiarism, you will be informed of the alleged incident(s) of plagiarism and will be provided with the basis of the suspicion. You will then be invited to respond and offer an explanation of the suspected plagiarism. If you are found guilty of plagiarism, you will receive zero for the assignment in question, and we may withhold your certificate.

Course delivery

English is the language of instruction and administration, and so must all scripts, quizzes, and forums be answered in English. 

Each course has its targets, marks, assignment, or any other achievable necessary pro proof that you have completed the course. This will include any additional requirement issued by Lecturer, Examiner, or Moderator. You are to familiarise yourself with these requirements which might change from time to time without notice.  Course Requirements are provided at the beginning of each online course once you have access.

You may receive communication by telephone, email, or text message from AYMS or any of our representatives for Course administration and related purposes, including reminders of assignments and payments due by you and course-related reminders or updates. You agree and consent to the receipt of such communications.

Course assessment

All courses are based on continuous assessment and may or may not include a final exam or quiz. Modules may consist of assignments that count towards the final Course result and should be submitted in time to be marked.

You will receive a grade for your course, and all applicable sections must be completed before such grade is made available.

You may apply in writing for an extension where your submission may be late. If no application was received in time, you would receive zero for that assignment or section of the work. You are only allowed to ask for one late submission extension in any one course. We do not allow re-writes for assignments.

Marking of scripts. Most of our courses are marked electronically. Where we have to physically mark papers, the mark of the Examiner will be final. You may apply in writing for one re-mark, which will be at an additional cost. Such re-mark may increase, decrease, or keep the mark precisely the same. 

Supplementary Exams. Where written papers are submitted AYMS only makes provision for one supplementary exam per subject where you have failed a previous exam with less than 35%. If you received and lower grade for the first exam, a supplementary exam will not be permitted. 

Pricing and payment

When you register for a course, the course fees are displayed. You hereby agree to pay the prescribed feed and any other cost arising from the course participants.

Should you not receive a tax invoice during the signup or payment process, please contact us so we may provide one for you.

Your transaction may include bank charges and additional fees depending on the currency which you will be liable for. Any transaction in South Africa will consist of the mandatory VAT charge.

Your payment to us must include your Name and Surname and or the invoice number generated by us on our invoices. We will not be held liable if we cannot match the payment to the expense if insufficient data is supplied. 

Invoices are strictly payable on receipt before access to the course will be granted.

Should you fail to make any payment on the agreed time, the course content may be removed from your list of enrolled courses. Communication in this regard will be to support@ayms.co.za

Refunds and Credits

If the course you purchased is not what you were expecting, you can request, within three days of your purchase of the course, that AYMS credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on the capabilities of our payment processing partners or the platform from which you purchased your course. No credit or refund will be taken into consideration if your request is after the 3-day guarantee time limit.

To request a refund, please provide us with a reason why we should consider a refund. Course, personal details, and date of purchase. Communication in this regard will be to support@ayms.co.za

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms and Conditions, you will not be eligible to receive any credit or refund.

Free Trials

AYMS may offer individual free trials or discount offers from time to time. This is only to allow members to try the service before they buy and not a guarantee of availability to everyone. Should your trail or discount expire, you will be liable for the outstanding fees unless you opt-out.

Cancellations

Should you cancel a course or have any outstanding fees on your account AYMS reserves the right not to make your final marks available, nor issue any certificate as part of the affected course. 

AYMS reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion.  Should we cancel a course you will receive a full refund, but no interest will be paid. 

Termination of participation in a Course

We are constantly changing and improving our courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether. You may also discontinue your use of our services and Courses at any time.

Should you commit any breach and you do not rectify it within five days after we have sent you written notice of such violation, we may terminate your service. You will receive no refund if your service is cancelled in this manner.

You may cancel your use of our services and Courses at any time.

Copyright regulations 

Please note: Advisers and course participants are reminded that copyright subsists in the learning materials provided by AYMS, including on this site, and the works from which they are taken.

AYMS is the owner of or the licensee of learning materials made available on this site. The materials are protected by copyright laws and treaties around the world.

The learning materials are made available for use only by advisers and participants registered on a course of study with AYMS.

Please note: Subject to legal advisory exceptions, the learning materials may be accessed, downloaded and a single copy printed in an unaltered form for your personal study that is not for direct or indirect commercial use. Any content downloaded or printed may not be sold, resold, licensed, transferred, copied or reproduced in whole or in part in any manner or in or on any media to any person or organization (including sending by email or attachment, posting on another intranet or the internet on any site) without the prior written consent of the copyright owner/s as identified.

Authors and creators of many of the provided materials have moral rights in their works, and neither staff nor participants may cause, or permit, the distortion, mutilation or other modification of the works, or any other derogatory treatment of the works, which would be prejudicial to the honour or reputation of the authors or creators of the works. You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

AYMS has made every reasonable effort to locate, contact and acknowledge copyright owners and wishes to be informed by any copyright owners who are not properly identified and acknowledged in these learning materials so that we can make any necessary corrections. Please refer to the Notice and Takedown Policy below.

Complaints and dispute resolution

You are welcome to send us feedback on the courses and services, whether positive or negative. Complaints can be sent to info@developmee.co.za and will be answered after we have investigated it. It should typically not take us more than three working days to respond.

If we cannot receive a mutually satisfactory outcome to a formal complaint, either party may seek to have a mediator appointed or take the case further for Arbitration within the applicable laws. In such a case, either party will do so at their own cost.

Privacy policy

The Privacy Policy for AYMS is available at info@developmee.co.za and applies to this site.

Please note: the information entered into your Personal Profile will be available to other participants and the advisors on your course(s). External Moderators and Examiners and other administrative and academic staff of AYMS may be granted access to individual classes at the discretion of the Chief Executive Officer of AYMS.

The Data Protection Policy for AYMS is available at support@ayms.co.za and applies to this site.

Information Security and Data Retention

We commit to do our best to protect your information and to keep it secure. You should not share your login or passwords with anyone and keep it secure as this may affect the security of your details.  Even though we do our best to protect your information, the transmission of information via the internet is not completely secure, and we cannot guarantee the security of data.  We are not responsible for any unauthorized access to your information.

How We Use Your Information

We process personal information for the following purposes:

• To conclude our legal contract with you which will include:
  • Signing you up to our course or service.
  • Setup your access to our sites
  • Verify your identity and receiving payment after the invoice.
  • General communications regarding your course, updates, process, or submissions.
  • Communication for the purpose of making your experience better or to suggest alternative courses or services.
  • Issuing your certificate and or statement of results.
  • For any legal requirement that might arise

You hereby consent to us using your information within the applicable laws. You will have the option to un-subscribe where applicable.

How We Disclose Your Information

AYMS may share your information for the following reasons to the parties mentioned below.

TRU4, SSTG and Service providers, Schools, TVET colleges, or Universities that form part of the course you are enrolled for and they may need certain information to register you for the section, service, or course.

Legal Matters that may arise during the participation of your course or service duration. Where we are instructed by a course to provide information.

We may share your information which will include grades and participation where the employer pays for the course and expects to obtain the results. If you do not want us to share this information, we must receive written notice when you sign up for the course or at least on day one of the course.

Schools or parents where they are paying for the course. This will include grades and participation where they expect to obtain the results. If you do not want us to share this information, we must receive written notice when you sign up for the course or at least on day one of the course.

Cookies Policy

When you log in to our e-Learning websites, we receive your username and information about the way in which you logged in. A cookie will be temporarily stored on your computer.

Cookies are small text files that can be used by web sites to make a user's experience more efficient. This does not give us access to any personal information; we do not use cookies for the identification or for any purpose other than for session management. For further information about cookies, including how to control or delete them, see www.aboutcookies.org

NB To enable your computer to accept cookies from AYMS while retaining a block on other sites, you may need to adjust the settings on your internet browser. See www.aboutcookies.org for more detailed guidance.