Introduction.
Welcome to the iXperience Website and Student Learning Management System (LMS) Policy (“Terms”). These Terms outline the rights, obligations, and limitations of both iXperience Proprietary Limited (“iXperience”, “we”, “us”, “our”) and all individuals who access or use the iXperience website and/or LMS (“you”, “your”, “user”).
By using the Website or LMS, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately stop using the Website and LMS.
Specific clauses in this document (highlighted in bold) limit our liability, impose obligations on you, or constitute an acknowledgment of risk.
Scope and Applicability.
These Terms apply to all access to and use of the iXperience Website and LMS, including all content, services, and features available through these platforms.
These Terms work in conjunction with other iXperience policies, including but not limited to:
- Privacy Policy.
- Refund Policy.
- iXperience Summer Terms and Conditions (“Program Terms”), which incorporate these Terms by reference for Participants enrolled in a Program.
In the event of a conflict, the document most specific to your situation will prevail, unless overridden by applicable law.
Compliance and Jurisdiction.
iXperience operates globally. Where applicable, we comply with relevant data protection and consumer laws, including but not limited to:
- Protection of Personal Information Act (POPIA) – South Africa, including the amended POPIA Regulations.
- General Data Protection Regulation (GDPR) – European Union / Portugal.
- California Consumer Privacy Act (CCPA), as amended by the CPRA.
- Equivalent comprehensive privacy laws in other US states where our users reside — including Connecticut, New Jersey, Rhode Island, New Hampshire, Colorado, and Virginia, among others.
- National data protection laws applicable to users who are citizens or residents of other countries — for example, China's PIPL, India's DPDP Act, Brazil's LGPD, or Canada's PIPEDA — to the extent they apply. See our Privacy Policy for the fuller treatment of this.
These Terms are governed by the laws of the Republic of South Africa unless mandatory local laws in your jurisdiction require otherwise. For Programs delivered outside South Africa, the governing law may be that of the Program delivery location or your country of residence. Nothing in these Terms limits or excludes any right you have under the Consumer Protection Act 68 of 2008, POPIA, GDPR, the CCPA/CPRA, an applicable US state or national privacy law, or any other law that cannot lawfully be excluded by agreement.
Modifications to These Terms.
We may update these Terms at any time. Any material changes will be communicated to you via email and/or a notice in your LMS account at least 14 days before they take effect. Continued use after such notice constitutes acceptance.
Website and LMS Usage.
You are granted a personal, non-exclusive, non-transferable, and revocable licence to use the Website and LMS in accordance with these Terms. Use is strictly for personal, non-commercial purposes unless expressly agreed to in writing.
You may not:
- Access or attempt to access accounts, systems, or data not intended for you.
- Use the Website or LMS for any unlawful or harmful activity.
- Circumvent security or authentication measures.
Programs and Services.
iXperience offers academic programs (“Program(s)”) that may include educational instruction, cultural tours, accommodation, and related services. Participation requires signing the Program Terms.
Account Registration and Responsibilities.
- Eligibility: You must be at least 18 years old. Certain programs may have an upper age limit due to accreditation, insurance, or program design, which will be stated in the applicable program terms.
- Information Accuracy: You must provide accurate, current, and complete information and update it promptly.
- Security: You are responsible for safeguarding your login credentials.
- No Account Sharing: You may not transfer or share your account without prior written consent.
Acceptable Use Policy.
When using the Website or LMS, you agree not to:
- Upload or distribute malicious software, viruses, or harmful code.
- Engage in spam, phishing, or automated data scraping.
- Use AI tools or third-party services to engage in academic dishonesty.
- Harass, defame, or threaten others.
- Infringe on intellectual property rights.
Fees, Payments, and Refunds.
- All Program fees are payable using approved methods listed on the LMS.
- Deposits are generally non-refundable, except where required by applicable law or as stated in our Refund Policy.
- You are responsible for any additional personal expenses (e.g., travel, meals, medical care) unless explicitly included.
Intellectual Property Rights.
- All Website and LMS content (designs, software, text, images, trademarks) is owned by iXperience or its licensors.
- You may not copy, reproduce, or distribute content without written consent.
- Student-Created Content: You retain ownership of content you create but grant iXperience a worldwide, royalty-free licence to use, reproduce, adapt, and publish it for educational, marketing, and alumni purposes, unless you opt out in writing. This licence is non-exclusive and does not prevent you from using or licensing your own content elsewhere.
- See the Media & Public Profile Discretion section of our Privacy Policy for how to request that marketing content featuring you be updated or removed at a later date.
Third-Party Services.
The Website and LMS may link to or integrate third-party services. These have their own terms and privacy policies, and, except to the extent caused by iXperience’s own negligence, wilful misconduct, or fraud, iXperience is not liable for their performance or content.
Privacy and Data Protection.
Our Privacy Policy governs how we collect, use, and store your personal information. By using the Website or LMS, you consent to such processing in compliance with POPIA, GDPR, the CCPA/CPRA, applicable US state and national privacy laws, and other applicable laws.
Disclaimer of Warranties.
The Website, LMS, and Program content are provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not guarantee uninterrupted access, freedom from errors, or security against all threats.
Limitation of Liability.
To the maximum extent permitted by law: iXperience is not liable for indirect, incidental, or consequential damages, loss of profits, or loss of data. Our total liability is limited to the amount you paid for the Program directly related to the claim. This limitation does not apply to, and nothing in these Terms limits or excludes, iXperience’s liability for death or personal injury caused by its negligence, for fraud, for wilful misconduct, or for any other liability that cannot lawfully be limited or excluded under the Consumer Protection Act 68 of 2008 or other applicable law.
Indemnification.
You agree to indemnify and hold harmless iXperience, its directors, employees, and partners from any claims, damages, or liabilities directly resulting from your breach of these Terms or misuse of the Website, LMS, or Program.
Force Majeure.
We will not be liable for delays or failures caused by events beyond our control, including natural disasters, war, pandemics, labour disputes, internet outages, or government restrictions. For the avoidance of doubt, any refund arising from such an event affecting a Program is governed exclusively by clause 5.6 of the Program Terms.
Termination.
- We may suspend or terminate your account immediately if you breach these Terms.
- You may terminate your account at any time by notifying us in writing.
- Any obligations incurred before termination will survive.
Dispute Resolution.
Parties will first attempt to resolve disputes through good-faith negotiations, consistent with the process set out in clause 10 of the Student Agreement and Program Terms. If unresolved, disputes will be referred to the Arbitration Foundation of Southern Africa (AFSA) in Cape Town under its expedited rules, unless mandatory local law dictates otherwise.
Where lawfully permitted, and without limiting any right you may have to participate in a class action recognised under South African law (including the Consumer Protection Act 68 of 2008), you and iXperience agree to attempt to resolve disputes on an individual basis through the process above before pursuing any other form of collective or representative proceeding.
Assignment.
iXperience may assign or transfer its rights and obligations under these Terms, in whole or in part, to an affiliate or successor entity without your consent, provided that such assignment does not diminish your rights under these Terms. You may not assign or transfer your rights or obligations under these Terms without iXperience’s prior written consent.
Electronic Acceptance.
Your acceptance of these Terms by using the Website or LMS constitutes a valid and binding electronic signature under the Electronic Communications and Transactions Act 25 of 2002, enforceable to the same extent as a handwritten signature.
Contact Information.
- Website Owner: iXperience Proprietary Limited
- Registration Number: 2013/159509/07
- CEO: Aaron Fuchs
- Location: Cape Town, South Africa
- Email: hello@ixperience.co
Entire Agreement.
These Terms, together with the Privacy Policy and (for Participants) the Program Terms, constitute the entire agreement between you and iXperience regarding the Website and LMS, and supersede any prior agreements, unless otherwise stated in writing and signed by both parties.
