LUCKY ISIBAYA (PTY) LTD

Registration Number: 2025/438148/07

TERMS OF SERVICE

1

INTRODUCTION

1.1
These Terms of Service govern your use of our website and platform, including the purchase of courses and participation in promotional competitions.
1.2
By creating an account, purchasing a course, or otherwise using our platform, you agree to these Terms together with our Privacy Policy and, where applicable, the Competition Rules.
2

INTERPRETATION

2.1
In this document, unless inconsistent with the context, the following words (including their derivatives) have the following meanings, and defined words and phrases are indicated by means of the capitalisation of the first letter(s) of each defined word or phrase:
2.1.1
Competition – any promotional competition conducted by Lucky Isibaya in terms of section 36 of the CPA and regulation 11 of the CPA regulations, associated with the purchase of a Lucky Isibaya course.
2.1.2
Competition Collection – the pool of courses designated by Lucky Isibaya from time to time as linked to a particular Competition. Each course in the Competition Collection may be purchased in one of three Tiers (Basic, Plus, or Premium).
2.1.3
Competition Rules – the official rules governing each promotional competition conducted by Lucky Isibaya in terms of section 36 of the CPA, together with any annexures and updates published on the Platform.
2.1.4
CPA – the Consumer Protection Act 68 of 2008, together with all regulations issued in terms thereof.
2.1.5
ECTA – the Electronic Communications and Transactions Act 25 of 2002, together with all regulations issued in terms thereof.
2.1.6
Lucky Isibaya – Lucky Isibaya (Pty) Ltd (Registration Number: 2025/438148/07), a private company duly incorporated and registered in accordance with the company laws of the Republic of South Africa.
2.1.7
Platform – the Lucky Isibaya Progressive Web App through which courses are purchased and Competition entries allocated.
2.1.8
Privacy Policy – Lucky Isibaya's privacy statement published on the Platform, which explains how personal information is collected, used, and protected in accordance with the Protection of Personal Information Act 4 of 2013 and Lucky Isibaya's PAIA and POPIA Manual.
2.1.9
Terms – this document, together with all annexures, manuals, and policies referenced herein, as amended from time to time and published on the Lucky Isibaya Platform.
2.2
An expression which denotes:
2.2.1
any gender includes the other genders;
2.2.2
a natural person includes a juristic person and vice versa;
2.2.3
the singular includes the plural and vice versa.
3

OUR SERVICES

3.1
Lucky Isibaya provides online educational courses, digital content, and related services.
3.2
From time to time, Lucky Isibaya may designate certain courses as part of a Competition Collection linked to a Competition conducted in terms of section 36 of the CPA. Participation in such Competitions is governed by the Competition Rules and the Competition Details Sheet accompanying.
4

ACCOUNT AND ELIGIBILITY

4.1
You must be at least 18 years old and a resident of South Africa to create an account, purchase a course, or enter a Competition on the Platform.
4.2
By creating an account, you confirm that you have the legal capacity to enter into binding agreements.
4.3
You are responsible for ensuring that all information provided on your account is accurate, current, and complete, and for maintaining the confidentiality of your login credentials.
5

PRICING AND PAYMENT

5.1
All prices are listed in South African Rands (ZAR) and include VAT where applicable.
5.2
Payments must be made through our secure payment gateway before access to any digital course is activated.
5.3
We reserve the right to adjust prices or course availability from time to time.
6

REFUND AND CANCELLATION POLICY

6.1
Access to digital courses is activated immediately once payment is confirmed.
6.2
Because the Service begins instantly, payments are non-refundable, and the transaction cannot be cancelled once confirmed.
6.3
By confirming payment, you expressly consent to immediate access to your course content and acknowledge that you waive your right to cancel under section 44 of the ECTA.
6.4
If any technical issue prevents you from accessing your course after payment, please contact info@luckyisibaya.co.za within 7 (seven) days so that we can assist.
7

ELECTRONIC COMMUNICATIONS AND DISRUPTIONS

7.1
While we take reasonable steps to maintain continuous availability of the Platform, Lucky Isibaya is not responsible for network, software, or internet failures.
7.2
If the delivery of digital course content is materially affected by factors beyond our control, Lucky Isibaya may take reasonable steps to restore access or issue equivalent course access at no additional cost.
8

USE OF CONTENT

8.1
All course content, materials, videos, and trademarks remain the intellectual property of Lucky Isibaya or its licensors.
8.2
You may use course material for personal educational purposes only and may not reproduce, distribute, or share them publicly without written consent.
9

PLATFORM INTEGRITY (FRAUD AND ABUSE)

9.1
You may not create multiple accounts, misrepresent your identity, use automated tools, coordinate entries to gain unfair advantage, or otherwise manipulate the Platform.
9.2
Lucky Isibaya may suspend or terminate accounts, void transactions, or take appropriate action (including legal action) where abuse or fraud is suspected.
10

COMPETITIONS

10.1
Certain courses may form part of a Competition conducted by Lucky Isibaya in terms of section 36 of the CPA. Such Competitions are governed by the Competition Rules, which are published on the Platform and incorporated by reference into these Terms.
10.2
In the event of any conflict between these Terms and the Competition Rules, the Competition Rules shall prevail in respect of all matters relating to the Competition.
11

LIMITATION OF LIABILITY

11.1
Lucky Isibaya will not be liable for any indirect, incidental, or consequential loss arising from your use of the Platform or reliance on course content, except where such loss results from our gross negligence or wilful misconduct.
11.2
Nothing in these Terms limits your rights under the CPA or any other applicable law.
12

GOVERNING LAW AND JURISDICTION

12.1
These Terms are governed by the laws of the Republic of South Africa.
12.2
Any dispute shall fall within the exclusive jurisdiction of the courts of South Africa.
13

ASSIGNMENT

13.1
Lucky Isibaya may transfer or assign any of its rights or obligations under these Terms in connection with a business reorganization, merger, or sale, provided that such transfer does not materially prejudice your rights under the CPA, or any other applicable law.
14

AMENDMENTS

14.1
We may update these Terms from time to time.
14.2
The version published on the Platform at the time of your purchase or use of the services will apply.
14.3
Material changes will be communicated on the Platform or by email where reasonably possible.
15

CONTACT US

15.1
For any queries about these Terms, please contact:
15.1.2
Address: 5 Braemar Lane, Nottingham Road, 3280, KZN.
15.1.3
Phone: 063 368 8195

DATE: NOVEMBER 2025