Terms and Conditions of Use

Effective date: 14 September 2026 · Version: v2.2

1. Responsible entity and acceptance

The responsible entity is MIKS CUBED FOUNDATION NPC, registration number 2023/664756/08, a South African Non Profit Company ("MiksCubed Foundation", "the Company", "we", "us" or "our"). Its registered office is 90 Kloof Road, Sea Point, Cape Town, Western Cape, 8060, South Africa.

These Terms apply to any person ("User", "you" or "your") who creates an account, registers for, accesses or uses the MiksCubed K53 learner's licence training and assessment tool, website, Moodle learning environment or related services (collectively, "the Tool").

By ticking the required Terms acceptance during registration and creating an account, you confirm that you have read, understood and agree to be bound by these Terms. Optional commercialisation and direct-marketing consent is dealt with separately and is not a condition of access to the core Services.

These Terms are governed by the laws of the Republic of South Africa, including, where applicable, the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Children's Act 38 of 2005, the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA"), the Promotion of Access to Information Act 2 of 2000 ("PAIA"), and the National Road Traffic Act 93 of 1996 and its regulations ("NRTA").

2. Definitions

Personal Information has the meaning given in POPIA and may include your name, date of birth, contact details, residential address, identification number or passport number, education and employment profile, learner's-licence interests, programme activity, results, device and usage information and other information relating to an identifiable person.

Processing includes collection, recording, storage, use, analysis, sharing, disclosure, licensing, sale, deletion or destruction of Personal Information.

Minor means a natural person under 18 years of age.

Competent Person means, in relation to a Minor, that Minor's parent or legal guardian, or another person legally authorised to consent on the Minor's behalf.

Commercial Processing means the optional processing described in clause 9, including commercialisation, disclosure, licensing, sharing or sale of permitted Personal Information and direct marketing.

Identification Information means an identity number or passport number supplied through the registration form.

Verification Information means the image captured or uploaded through the registration form for identity-verification purposes, currently a clear image of the front of a South African identity document or, where a passport is used, the passport photo/details page. Verification Information is handled separately from optional commercial processing and is not permitted to be sold, licensed or disclosed to Third Parties for commercial or marketing purposes under these Terms.

3. Nature of the Tool — no accreditation or licensing authority

MiksCubed Foundation is not the Road Traffic Management Corporation, a Driving Licence Testing Centre, a provincial licensing authority or another body authorised under the NRTA to conduct official learner's or driver's licence tests or issue licences.

The Tool is an independent educational and training aid intended to help Users prepare for the official South African K53 learner's licence test. MiksCubed Foundation is not affiliated with, endorsed by, sponsored by or accredited by any national or provincial Department of Transport, the Road Traffic Management Corporation or any official testing centre unless expressly stated otherwise.

Completion of a quiz, module, mock test or course does not issue a learner's or driver's licence and does not guarantee eligibility for, or success in, an official test. Any certificate or score generated by the Tool is an internal learning record only and is not an official licensing document.

4. Registration, eligibility and accuracy

Users must provide information that is true, accurate, current and complete to the best of their knowledge. You must not impersonate another person or register an account using another person's information without lawful authority.

Your registered email address may be used as your Moodle username. You are responsible for keeping your password confidential and for notifying MiksCubed Foundation if you reasonably believe your account has been compromised.

5. Minors and Competent Persons

Every User must provide a date of birth. Where the date of birth shows that the User is a Minor, registration cannot be completed unless the required details of at least one Competent Person are provided, including the Competent Person's full name, identity number, contact number, email address and relationship to the Minor.

The person giving consent for a Minor confirms that they are the Competent Person, or otherwise have lawful authority to provide the required consent. The Competent Person must separately confirm the Minor's registration and the core processing necessary to provide the Services.

Where reasonably practicable, MiksCubed Foundation may confirm the Competent Person's authorisation using the contact details supplied during registration and may suspend or decline the registration if the authorisation cannot reasonably be confirmed.

A Competent Person's own Personal Information is processed as Personal Information relating to that person. The optional Commercial Processing described below may only apply to a Minor or Competent Person where the Competent Person makes the separate voluntary selection provided in the registration process.

6. Personal Information required for the core Services

MiksCubed Foundation may collect Personal Information reasonably required to create and administer a participant account and provide the Services, including name, date of birth, contact details, email address, address, identification number or passport number, the required Verification Information, education profile, driving-related interests, employment information where applicable, programme preferences, consent records, referral information, Moodle account identifiers, learning activity and results.

Verification Information is collected for identity verification, fraud prevention and related account-integrity purposes. It is excluded from the optional Commercial Processing described in clause 9.

Optional demographic fields, such as race or population group and income range, will be clearly identified where appropriate and may include a "Prefer not to say" option.

7. POPIA and core purposes of processing

MiksCubed Foundation is a responsible party for purposes of POPIA and aims to process Personal Information in accordance with POPIA's conditions for lawful processing.

Core Personal Information may be processed for purposes including:

• creating and administering the MiksCubed participant account;
• creating, locating and administering the learner's Moodle account;
• enrolling the learner into the K53 programme;
• delivering, personalising and improving the Services;
• tracking learning activity, progress and results;
• providing account, programme, security and support communications;
• confirming a Minor's registration and guardian authorisation;
• preventing duplicate, fraudulent, abusive or unauthorised registrations;
• internal analytics, quality assurance, research and programme improvement;
• producing aggregated or de-identified impact reporting;
• complying with legal, regulatory, accounting and record-keeping obligations.

Acceptance of these Terms and the Privacy Notice relates to the processing reasonably necessary to provide and administer the core Services. It does not, on its own, constitute the optional Commercial Processing consent in clause 9.

8. Service communications

MiksCubed Foundation may send communications reasonably necessary to operate your account or programme, including registration confirmations, access information, security notices, support messages and material programme updates. These service communications are separate from optional direct marketing.

9. Optional commercialisation and direct marketing

Commercial Processing is optional and is not required to register for or use the core K53 Services.

Only where the User, or the Competent Person for a Minor, gives the separate specific opt-in provided in the registration form may MiksCubed Foundation process permitted Personal Information for commercial purposes. Subject to that opt-in, this may include:

• disclosing, licensing, sharing and/or selling permitted identifiable contact and profile information within the Group or to selected Third Parties for lawful commercial, marketing or business purposes;
• creating, licensing or selling aggregated, statistical or de-identified insights derived from programme, behavioural, performance or usage data;
• using permitted Personal Information to develop, test or improve analytics, artificial-intelligence or machine-learning systems, including with selected service providers or commercial partners;
• direct marketing of MiksCubed Foundation, Group or selected Third-Party products and services through communication channels selected by the data subject; and
• other lawful commercial uses clearly falling within the scope of the specific opt-in and the Privacy Notice.

The optional consent does not permit MiksCubed Foundation to sell, license or disclose a User's or guardian's South African identity number, passport number, banking details, medical information or Verification Information, including the uploaded identity-document image, to Third Parties for commercial or marketing purposes.

Optional consent may be withdrawn at any time, free of charge, by contacting the Information Officer or using an available unsubscribe or opt-out mechanism. Withdrawal does not affect processing that was lawful before withdrawal and does not terminate access to the core Services.

10. Third Parties and cross-border processing

Where optional Commercial Processing consent has been given, permitted Personal Information may be disclosed to categories of recipients such as Group entities, driving schools and instructors, vehicle dealerships and manufacturers, insurers and insurance intermediaries, financial-services providers, advertising and market-research businesses, analytics providers, artificial-intelligence or machine-learning businesses and data-service providers.

Where MiksCubed Foundation appoints a service provider to process Personal Information on its behalf, reasonable contractual and security measures will be used where appropriate. Cross-border transfers will be managed in accordance with applicable POPIA requirements.

11. Data-subject rights

Subject to POPIA and other applicable law, a data subject may request access to Personal Information, correction or updating of inaccurate information, deletion or destruction where appropriate, object to certain processing, withdraw consent, object to direct marketing, and lodge a complaint with the Information Regulator. Rights relating to a Minor may be exercised by the Competent Person where applicable.

12. Retention

Personal Information will be retained only for as long as reasonably necessary for the purposes for which it was collected, for legitimate audit and record-keeping requirements, or where a longer period is required or permitted by law. Thereafter information will be securely deleted, destroyed or de-identified as appropriate.

13. Security safeguards

MiksCubed Foundation will take appropriate and reasonable technical and organisational measures designed to protect Personal Information against loss, damage, unauthorised destruction, access, use or disclosure. Verification images are stored outside the public website directory using restricted file permissions and may only be uploaded over HTTPS through the live registration endpoint.

Verification Information will be retained only for as long as reasonably necessary to complete verification and related fraud-prevention or legal requirements. The intended retention period is approximately 90 days after successful verification unless a longer period is required by law or is reasonably necessary to investigate suspected fraud or a dispute.

Where a security compromise requires notification under applicable law, MiksCubed Foundation will take the steps required by POPIA.

14. Consent records and accountability

MiksCubed Foundation may maintain evidence of the consents and acknowledgements given during registration, including date and time, document version, consent scope, actor type (participant or Competent Person), and a protected technical audit value such as an IP-address hash.

15. Information Officer

The Information Officer may be contacted regarding access, correction, deletion, objections, withdrawal of consent, direct-marketing objections, PAIA requests, privacy complaints and other information-governance matters.

16. PAIA

Requests for access to records under PAIA may be directed to the Information Officer. The Company's PAIA manual, where applicable, may be requested from the Information Officer.

17. Cookies and similar technologies

The Tool may use cookies and similar technologies required for authentication, security and preferences. If optional analytics or marketing technologies are deployed, MiksCubed Foundation will describe those technologies and provide appropriate choices where required.

18. Intellectual property

The content, software, trade marks, logos, questions, learning material, graphics and other intellectual property in or underlying the Tool are owned by MiksCubed Foundation or its licensors. Users may use course material for lawful personal learning but may not copy, sell, distribute, scrape, reverse-engineer or create unauthorised derivative works from protected material.

19. User obligations and acceptable use

Users must use the Tool lawfully, keep credentials confidential, provide accurate information, respect other users and refrain from hacking, circumventing security, introducing malware, automated scraping or attempting unauthorised access.

20. Disclaimers and limitation of liability

The Tool and learning material are provided as educational resources. MiksCubed Foundation does not warrant that Tool content will at all times be identical to the official K53 syllabus or testing material, which may change.

To the maximum extent permitted by law, MiksCubed Foundation will not be liable for indirect or consequential loss arising solely from reliance on the Tool, service interruptions or matters outside its reasonable control. Nothing in these Terms excludes a right or remedy that cannot lawfully be excluded under the CPA or other applicable law.

21. Suspension and termination

MiksCubed Foundation may suspend or terminate an account where these Terms are materially breached, false information is deliberately supplied, unlawful use occurs, continued access creates a security risk or suspension is required by law. A User, or Competent Person for a Minor, may request closure of an account subject to lawful retention obligations.

22. Changes to the Terms

MiksCubed Foundation may update these Terms from time to time. Material changes that expand optional Commercial Processing will not be applied to previously collected Personal Information on the basis of an old consent where fresh consent is legally required.

23. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Disputes are subject to the non-exclusive jurisdiction of a South African court of competent jurisdiction, including where applicable the Johannesburg High Court, Local Division.

24. Severability and general provisions

If a provision is found invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law. These Terms, together with documents expressly incorporated by reference, govern use of the Tool.

25. Registration acknowledgements

The live registration process records the following separately:

• Required: acceptance of these Terms;
• Required: acknowledgement of the POPIA Privacy Notice;
• Required for a Minor: Competent Person registration consent and authority confirmation;
• Optional: a specific Yes/No choice for Commercial Processing and direct marketing, including the scope described in clause 9;
• Required: a final declaration that the information supplied has been reviewed and is accurate to the best of the person's knowledge.

26. Contact