1. Definitions and Interpretation

In these Terms and Conditions, unless the context indicates otherwise, the following definitions apply:

"BRS" / "the Company"	BRS — Business Risk Solutions Namibia CC, a close corporation registered in the Republic of Namibia, the owner and operator of the Online Training Platform.
"Platform"	The BRS Online Training Platform, including the website, all web pages, applications, learning management systems, and associated digital infrastructure through which training content is delivered.
"Candidate" / "User"	Any individual who registers for, accesses, or uses the Platform for the purpose of completing training courses, quizzes, and/or assessments.
"Client"	Any company, organisation, or entity that engages BRS to provide training services to its employees or designated persons via the Platform.
"Content"	All training materials hosted on the Platform, including but not limited to: training manuals, course chapters, modules, quizzes, official assessments, answer keys, images, diagrams, videos, audio files, documents, templates, forms, and any other educational or informational material.
"Intellectual Property"	All copyrights, trademarks, trade secrets, proprietary information, course designs, methodologies, and any other intellectual property rights associated with the Content and the Platform.
"Account"	The registered user profile created by or on behalf of a Candidate to access the Platform.

2. Acceptance of Terms

1. By creating an account, logging in, or otherwise accessing the Platform, the Candidate agrees to be bound by these Terms and Conditions.
2. BRS reserves the right to modify, update, or amend these Terms and Conditions at any time. Continued use of the Platform after any such changes constitutes acceptance of the revised terms.
3. Where a Client registers Candidates on their behalf, the Client warrants that it has obtained the Candidate's consent to these Terms and Conditions prior to registration.
4. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Namibia.

3. Account Registration and Access

1. Access to the Platform requires valid registration and account creation. Candidates must provide accurate, current, and complete information during registration.
2. Each account is personal and non-transferable. Candidates may not share their login credentials with any other person.
3. The Candidate is solely responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.
4. BRS reserves the right to suspend or terminate any account at its sole discretion, including but not limited to cases of suspected unauthorised use, breach of these Terms, or fraudulent activity.
5. Access to specific courses and content is granted on a per-enrolment basis and may be time-limited as specified at the time of enrolment.

4. Intellectual Property and Ownership

1. Ownership: All Content, including but not limited to training manuals, course chapters, module content, quizzes, official assessments, answer keys, scoring guides, images, diagrams, illustrations, templates, and any other materials available on the Platform, are and shall remain the sole and exclusive property of BRS — Business Risk Solutions Namibia CC.
2. Copyright: All Content is protected by the Copyright and Neighbouring Rights Protection Act 6 of 1994 (Namibia), international copyright conventions, and other applicable intellectual property laws.
3. No Transfer of Rights: No right, title, or interest in any Content is transferred to the Candidate or any third party through the use of the Platform. Access to Content constitutes a limited, non-exclusive, non-transferable, revocable licence to view the material solely for the purpose of completing the enrolled training course.
4. Trademarks: The BRS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BRS. No licence or right to use any such trademark is granted by these Terms.

5. Prohibited Use of Content

The Candidate expressly agrees that they shall NOT, under any circumstances:

1. Copy or Reproduce: Copy, reproduce, duplicate, photograph, screenshot, scan, transcribe, or otherwise replicate any Content from the Platform, whether in whole or in part, in any format or medium whatsoever, whether digital or physical.
2. Download or Save: Download, save, cache, store, or retain any Content from the Platform to any local device, storage medium, cloud service, or any other storage facility, except where expressly permitted by the Platform's functionality for temporary offline viewing.
3. Distribute or Share: Distribute, share, forward, email, post, upload, transmit, or otherwise make available any Content to any third party, whether for commercial or non-commercial purposes.
4. Re-sell or Commercialise: Sell, re-sell, licence, sub-licence, lease, rent, trade, or otherwise commercialise any Content or access to the Platform, whether directly or indirectly.
5. Re-use or Repurpose: Re-use, repurpose, adapt, modify, translate, reverse-engineer, or create derivative works based on any Content for any purpose other than the Candidate's own personal completion of the enrolled course.
6. Publish or Display: Publish, display, broadcast, exhibit, present, or otherwise make publicly available any Content through any channel, including but not limited to websites, social media, printed materials, presentations, or training programmes.
7. Use for Competing Services: Use any Content, methodology, or structure from the Platform to develop, create, or support any competing training course, programme, manual, or service.
8. Remove Proprietary Notices: Remove, alter, obscure, or interfere with any copyright notices, watermarks, proprietary markings, or attribution statements contained in or on any Content.
9. Record or Capture: Record, capture, or stream any Content using screen recording software, audio recording devices, video capture tools, or any other means of capturing displayed content.
10. Share Assessment Materials: Share, disclose, discuss, or distribute any quiz questions, assessment questions, answer keys, or assessment content with any person, whether enrolled on the Platform or not.

6. Use of the Platform

1. The Platform is provided solely for the purpose of delivering training and assessment to enrolled Candidates.
2. Candidates shall use the Platform only for its intended purpose and in compliance with all applicable laws and regulations of the Republic of Namibia.
3. Candidates shall not attempt to gain unauthorised access to any part of the Platform, its servers, databases, or any connected systems.
4. Candidates shall not introduce any viruses, malware, trojans, or other harmful code to the Platform.
5. Candidates shall not use any automated tools, bots, scrapers, or crawlers to access, extract, or interact with the Platform or its Content.
6. Candidates shall not interfere with or disrupt the integrity, security, or performance of the Platform.
7. BRS reserves the right to monitor Platform usage and to investigate suspected violations of these Terms.

7. Training, Quizzes, and Assessments

1. Academic Integrity: All quizzes and assessments must be completed by the registered Candidate personally. Impersonation, proxy completion, or any form of dishonesty in assessments is strictly prohibited and constitutes fraud.
2. Assessment Conditions: Candidates must complete assessments under the conditions specified, including time limits and restrictions on reference materials, as indicated in the assessment instructions.
3. Results: Assessment results are recorded on the Platform and may be shared with the Client (employer) who enrolled the Candidate. BRS reserves the right to invalidate results where dishonesty or a breach of assessment conditions is suspected.
4. Certificates: Certificates of competency or completion are issued solely at the discretion of BRS upon successful completion of all course requirements. Certificates remain the property of BRS and may be revoked if obtained through fraud or misrepresentation.
5. Re-assessment: Candidates who do not achieve competency may re-attempt assessments in accordance with the course-specific rules and any applicable additional fees.

8. Fees and Payment

1. Access to the Platform and its courses may be subject to fees as agreed between BRS and the Client or individual Candidate.
2. All fees are quoted in Namibian Dollars (NAD) unless otherwise specified and are exclusive of applicable taxes.
3. Payment terms are as agreed in the relevant service agreement, quotation, or invoice issued by BRS.
4. BRS reserves the right to suspend or revoke Platform access in the event of non-payment or overdue accounts.
5. Fees paid are non-refundable unless otherwise agreed in writing by BRS.

9. Confidentiality

1. The Candidate acknowledges that all Content, assessment materials, answer keys, and proprietary methodologies are confidential information belonging to BRS.
2. The Candidate shall not disclose any confidential information to any third party without the prior written consent of BRS.
3. This obligation of confidentiality survives the termination of the Candidate's access to the Platform and continues indefinitely.

10. Data Protection and Privacy

1. BRS collects and processes personal information in accordance with applicable Namibian data protection laws and regulations.
2. Personal information collected may include, but is not limited to: name, employee number, email address, contact details, employer details, course enrolment records, assessment results, and Platform usage data.
3. Personal information is used for the purposes of account management, course delivery, assessment recording, certificate issuance, communication, and compliance with legal obligations.
4. BRS may share assessment results and completion records with the Client (employer) who enrolled the Candidate.
5. BRS implements reasonable technical and organisational measures to protect personal information against unauthorised access, loss, or misuse.
6. Candidates may request access to, correction of, or deletion of their personal information by contacting BRS in writing.

11. Breach and Remedies

1. Any breach of these Terms and Conditions, particularly the provisions relating to intellectual property (Section 4) and prohibited use (Section 5), shall constitute a material breach.
2. In the event of a breach, BRS reserves the right to, without limitation:
   • Immediately suspend or permanently terminate the Candidate's access to the Platform;
   • Invalidate any certificates or results obtained by the Candidate;
   • Notify the Candidate's employer (Client) of the breach;
   • Pursue civil action for damages, including but not limited to actual damages, loss of revenue, and consequential damages;
   • Pursue criminal prosecution under the Copyright and Neighbouring Rights Protection Act 6 of 1994, the Computer Misuse and Cybercrime Act, and any other applicable legislation;
   • Seek injunctive relief to prevent further infringement;
   • Recover all legal costs on an attorney-and-own-client scale.
3. The Candidate shall be liable for all damages, costs, and losses suffered by BRS as a result of the breach, including legal fees and costs of investigation.
4. The rights and remedies of BRS under this section are cumulative and are in addition to any other rights or remedies available at law.

12. Limitation of Liability

1. The Platform and Content are provided "as is" and "as available." While BRS endeavours to ensure the accuracy and quality of all Content, BRS makes no warranties or representations, express or implied, regarding the completeness, accuracy, reliability, or suitability of the Content for any particular purpose.
2. BRS shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the Platform.
3. BRS does not guarantee uninterrupted or error-free access to the Platform and shall not be liable for any temporary unavailability due to maintenance, technical issues, or circumstances beyond its reasonable control.
4. The total liability of BRS to any Candidate under these Terms shall not exceed the total fees paid by or on behalf of that Candidate for the relevant course.

13. Indemnification

The Candidate agrees to indemnify, defend, and hold harmless BRS, its directors, members, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

1. The Candidate's use of or access to the Platform;
2. The Candidate's breach of these Terms and Conditions;
3. The Candidate's violation of any applicable law, regulation, or third-party right;
4. Any unauthorised use of the Candidate's account.

14. Termination

1. BRS may terminate or suspend a Candidate's access to the Platform at any time, with or without cause, and with or without notice.
2. Upon termination, the Candidate's right to access the Platform and all Content ceases immediately.
3. Termination does not release the Candidate from any obligations incurred prior to termination, including obligations relating to intellectual property, confidentiality, and indemnification.
4. Sections 4 (Intellectual Property), 5 (Prohibited Use), 9 (Confidentiality), 11 (Breach and Remedies), 12 (Limitation of Liability), and 13 (Indemnification) shall survive termination of these Terms.

15. Force Majeure

BRS shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, power failures, internet outages, cyberattacks, or any other event of force majeure.

16. Dispute Resolution

1. Any dispute arising from or in connection with these Terms and Conditions shall first be attempted to be resolved through good-faith negotiation between the parties.
2. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the matter to mediation.
3. If mediation fails, the dispute shall be submitted to the jurisdiction of the courts of the Republic of Namibia, with the Magistrate's Court or High Court in Windhoek having jurisdiction.
4. These Terms and Conditions are governed by the laws of the Republic of Namibia.

17. General Provisions

1. Entire Agreement: These Terms and Conditions, together with any applicable service agreement or enrolment form, constitute the entire agreement between the Candidate and BRS regarding the use of the Platform.
2. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
3. Waiver: The failure of BRS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. Assignment: The Candidate may not assign or transfer any rights or obligations under these Terms without the prior written consent of BRS. BRS may assign its rights and obligations without restriction.
5. Notices: Any notice required under these Terms shall be in writing and delivered to the relevant party's registered address or email address on record.
6. Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

18. Contact Information

For any queries, concerns, or requests relating to these Terms and Conditions, please contact:

BRS — Business Risk Solutions Namibia CC
Swakopmund, Namibia
Contact Person: Herman Engelbrecht
Email: info@srs-shreq.com
Telephone: +264 81 142 9988