Terms & Conditions

1. GENERAL SITE USE AND BROWSING
2. PRIVACY POLICY
3. USER REGISTRATION
4. PROVIDER REGISTRATION
5. MANAGER REGISTRATION
6. REFERRER REGISTRATION

1.1 The Training Portal site (“Site”) is developed and administered by Nostix (Pty) Ltd, registration number 2006/023300/07, a specialist graphic design and web development company. Any reference in these Terms and Conditions to the Training Portal shall include a reference to Nostix (Pty) Ltd as the administrator of the Training Portal. For more information visit our website at www.nostix.co.za

1.2 You may only use this Site to browse content and make legitimate purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is also strictly prohibited. Unauthorized use of this Site and/or the materials or information contained on this Site may violate applicable copyright, trademark or other intellectual property laws.

1.3 Users may download, view and print content from this Site for private and non-commercial purposes only. The Training Portal cannot screen or edit all the content available from this Site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform the Training Portal of any content that may be offensive or illegal.

1.4 All the content, trademarks and data on this Site (but excluding the training content of Providers ), including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to the Training Portal and as such are protected from infringement by local and international legislation and treaties.

1.5 The Training Portal is not liable in any manner whatsoever for any direct, indirect, general, special, incidental or consequential damages arising from any use, incorrect use or reliance on the Site or the training content of any Provider, or any breach of proprietary and intellectual property rights by such Provider in such training content, and provides no warranty as to the legitimacy, reliability, accuracy, correctness or completeness, legality, fitness for purpose, of any training content provided by Providers on the Training Portal through any of their activities.

1.6 When a user visits the Site or sends e-mails to the Training Portal, that user consents to receiving communications from the Training Portal electronically and agrees that all agreements, notices, disclosures and other communications sent by the Training Portal satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

1.7 No person, business or website may link to any page on this Site without the prior written permission of the Training Portal. This clause does not apply to parties that have been registered as a Provider with the Training Portal.

1.8 Hyperlinks provided on this Site to non-Training Portal sites, are provided as is and the Training Portal does not necessarily agree with, edit or sponsor the content on such web pages.

1.9 No person, business or website may frame this Site or any of the pages on this Site in any way whatsoever.

1.10 No person, business or website may use any technology to search and gain any information from this Site without the prior written permission of the Training Portal.

1.11 The contents of this Site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for purpose and non-infringement.

1.12 This Site has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with the Training Portal that the service available from and through this Site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

1.13 The owner of the Site, the Providers and in general anybody connected to this Site in any way, assume no responsibility for errors, inaccuracies or omissions in the Site content. These parties further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness, completeness, legality or legitimacy of the Site content, and shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including without limitation, data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of the Site content.

1.14 The use of the Site content is forbidden in those places where the law does not allow this disclaimer to take full effect.

1.15 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither the Training Portal nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, the Training Portal makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors.

1.16 Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Training Portal and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

1.17 The Training Portal reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site; and/or change these Terms and Conditions from time to time, and your continued use of the Site (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Site.

1.18 We will use reasonable endeavours to maintain the Site. The Site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site due to circumstances beyond our control.

1.19 The purchase price of each activity is displayed with the activity. In the event of a special offer, the discounted price will be displayed. Discount on multiple (or bulk) enrollments will only be shown once the order has proceeded to the checkout area of the shopping basket. To view available multiple enrollment discounts, view the detailed activity profile for each activity. Multiple enrollment discount is only available for multiple enrollments through the bulk enrollment payment option , and is not available for individual user purchases.

1.20 Value added tax at the rate of 14% is charged on activities and is included in the reflected purchase price of each activity.

1.21 All transactions will be processed in South African Rands (ZAR), unless a different currency option is displayed or availed to users.

1.22 All activity pricing is beyond the control of the Training Portal and is determined by the relevant Provider presenting the training activity, including the discretion to change pricing without notice. For queries regarding pricing, please contact the relevant Provider of the activity.

1.23 Payment Methods:

1.23.1 We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order.

1.23.2 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. Payment is collected when the order is completed and the user enrolled for the activity.

1.23.3 To protect our interests and that of our customers, the Training Portal carefully scrutinizes all transactions to prevent attempted fraud and a transaction may be refused if the Training Portal is not satisfied with it's legitimacy.

1.23.4 Virtual Card Services (VCS) process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

1.23.5 VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. VCS internet servers are protected by firewalls and intrusion detection systems. VCS continually reviews and enhances its security in line with technological changes.

1.23.6 The Training Portal does not have access to your credit card details.

1.23.7 If as user selects the pay via the “Direct Deposit/EFT” button, instructions will be given on how to deposit monies into the Training Portal’s designated bank account subject to the following rules:

• the exact amount must be paid;

• the payment must be identified by supplying the order reference number reference section of the deposit slip or on the electronic transfer;

• no transfers must be made from ATM's;

• cheque deposits are subject to a clearing period;

• no bank deposits are accepted from outside the borders of South Africa; and

• unpaid bank deposit orders are cancelled after seven business days.

1.24 Placing an item in a shopping basket without completing the purchase cycle does not constitute an agreement of sale with the Training Portal and users cannot hold the Training Portal liable if such items are not available/closed when the purchase cycle is completed later; and/or constitute an order for such an item.

1.25 An agreement of sale between the Training Portal and a user only comes into effect if and when:

• a credit card authorisation is received from the issuing bank; or

• a deposit of an electronic fund transfer is reflected on the Training Portal’s bank statement (and only if such payment is received within 7 (seven) business days after completion of the purchase cycle); or

• a direct deposit is reflected on the Training Portal’s bank statement (and only if such payment is received within 7 (seven) business days after completion of the purchase cycle.

1.26 The Training Portal reserves the right to refuse to accept and/or execute an order without giving any reasons. The Training Portal also reserves the right to cancel orders in whole or in part as circumstances dictate. The Training Portal shall only be liable to refund monies already paid by the user.

1.27 Users can view or print a full record of the transaction that is maintained for a period of twelve months on The Training Portal website.

1.28 Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that the Training Portal or any Provider suffers any damage or loss.

1.29 Users agree and warrant that their log-in name and password shall be used for personal use only and not be disclosed to any third party.

1.30 Users allow the Training Portal to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.

1.31 The Training Portal has the right, but not the obligation, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Terms and Conditions or complaints and take such action as we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Site).

1.32 These Terms and Conditions are governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

1.33 We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Site. It is the user’s obligation to periodically check these Terms and Conditions at the Site for changes or updates.

1.34 The user’s continued use of this Site following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

1.35 A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.

2.1 This privacy policy applies to all the web pages related to this Site. Please be sure to read this entire privacy policy before using or submitting information to this Site. Whenever you use our Site or submit information via the Site, you consent to the collection, use and disclosure of that information in accordance with this privacy policy.

2.2 We are committed to respecting and protecting your privacy. We've structured our Site so that, in general, you can visit the Site without identifying yourself or revealing any personal information. Once you choose to provide us with personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your customer relationship with the Training Portal and its Providers and that same will not be used in a manner unrelated to the purpose for which you provide the information or without providing you a choice whether to permit any such unrelated uses.

2.3 Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.

2.4 The information we collect on our site generally falls into the following two categories: Personally Identifiable Information and Non-Personally Identifiable Information.

2.4.1 Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. The Personally Identifiable Information we collect when you use our Site may include: your name, mailing address, phone number and email address etc. We request Personally Identifiable Information when you request information or correspond with us. It will be clear when you are on a part of our Site that requires Personal Identifiable Information, because we will ask you for it and you will have a choice whether to submit it or not.

2.4.2 Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. As you navigate through a website, certain information can be passively collected. The Non-Personally Identifiable data we may collect when you visit our Site may include which pages you visit on our Website, which browser you used to come to our Site, your Internet Protocol (“IP”) address and any search terms entered on our Site.

2.5 We may use “cookies” and tracking technology to collect Non-Personally Identifiable Information. A cookie is a text file that is placed on your hard disk by a web page server and helps us to personalize your online experience. Cookies cannot be used to run programmes or deliver viruses to your computer. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser. Aggregate cookie and tracking information may be shared with third parties.

2.6 Our primary goal in collecting information is to provide users with a superior service and to provide all users a smooth, efficient, and personalized experience while using our Site. For example, if you request information on our Site, we use your Personally Identifiable Information to provide the requested information. We use Non-Personally Identifiable Information on an aggregated basis to analyze customer behavior to help us understand how users use our Site and to measure interest in the various pages. We use this information to improve the content of our Site and to make our Site easier to use.

2.7 We will not sell, rent or lease your Personally Identifiable Information to others and shall only disclose your Personally Identifiable Information after obtaining your consent or if required to do so by law.

2.8 In an attempt to provide increased value to our users, we may provide links to other websites or resources operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. Your access to such linked sites is at your own risk. You should always read the privacy policy of a linked site before using the site or disclosing any Personally Identifiable Information on such site. You also acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

2.9 To improve the services we offer you, we may opt to expand the capabilities for obtaining information about users in the future. We will update this Privacy Policy continually to ensure that you are aware of developments in this area and will post those changes here so that you will always know what information we collect online, how we use it, and what choices you have in this regard. Please refer back to this policy regularly.

2.10 By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Site.

2.11 The Training Portal welcomes your comments regarding this Privacy Policy to help us improve our policy and practice. Please do not hesitate to Contact Us .

3.1 Registration as a user on the Training Portal is free and easy and avails a new world of training possibilities and opportunities to a user. By registering as a user you agree to the specific terms and conditions of User Registration as well as the general Terms and Conditions of the Site, and such agreement shall continue indefinitely or until terminated by the Training Portal.

3.2 By registering as a user you acknowledge that you provide your personal details voluntarily and that the information is true and correct as at the time of registration. The Training Portal does not accept any liability for incorrect personal information provided and is not liable in any manner whatsoever for any direct, indirect, general, special, incidental or consequential damages arising from incorrect information provided by a user.

3.3 It is your responsibility as a user to ensure that your password is kept private and not availed to third parties. If you have forgotten your password, please use the “Forgot your password” function on our login page to obtain a new password. It is also your responsibility as a user to ensure that your e-mail address is current and valid at all times, as all correspondence from the Training Portal will be sent to your listed e-mail address.

3.4 Once registered you can easily purchase public activities in our Activity Catalogue or enter private courses for which you have been enrolled. All activity content accessed by you in activities for which you have been enrolled on the Training Portal, remains the property of the relevant Provider who is the owner/originator of the activity. Unauthorized use, distribution, publication, commercialization of any such content is prohibited and may be in violation of applicable copyright, trademark or other intellectual property laws of the owner of the content.

3.5 The Training Portal only provides the platform and tools for Providers to deliver their training content to users. Accordingly, the views and opinions of any Provider belongs solely to that Provider and is in no way endorsed by the Training Portal. The Training Portal is not responsible for errors, inaccuracies or omissions in any Provider training content and does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness, completeness, legality or legitimacy of such training content or any breach of proprietary and intellectual property rights by such Provider in such training content, and shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including without limitation, data loss, lost revenues and lost profit) which may result from any use, incorrect use or reliance on such training content by a user.

3.6 By registering as a user and enrolling for an activity you hereby authorize the Provider to utilize your personal information for purposes of communication and contact relating to the relevant activity for which you are enrolled. Additionally, you consent to a basic profile of yourself being availed to other participants in your activity for purposes of activity communication and interaction. In the event of any unwarranted contact or communication, please Contact Us together with details of the nature of the contact / communication and the initiator of the conduct.

3.7 For Site queries and technical difficulties please contact the Training Portal or view our Support Centre for tips and tools. For queries or questions regarding training content, please contact the Provider of the activity for assistance. The Training Portal is not responsible for any activity communication and any communication problems or deficiencies must be addressed directly with the Provider of the activity.

3.8 Certain activities require technical specifications such as internet access, up to date internet browser software, flash player software etc. to access and utilize activity resources effectively. Although every effort is made to utilize standardized software and tools, the Training Portal cannot guarantee that all Provider content will function fully or effectively on a user’s computer and you bear the risk of enrolling for such activity. Please contact our Support Centre if experiencing problems or view our Support Centre for free downloads which may assist. The Training Portal does not accept liability for any failure by a user to access training activities or resources due to technical limitations of the user’s computer or internet and a user will not be entitled to any refund or compensation for such activity.

3.9 Training Portal activities are purchased at the purchase price displayed in our Activity Catalogue (which includes VAT at 14%). The purchase price of an activity is within the control of the Provider of the activity and the Training Portal cannot control or accept any liability for unilateral changes to the purchase price by a Provider. Discount available in respect of an activity, is similiarly within the control of a Provider and as such can be added, amended or removed at the sole discretion of the Provider.

3.10 The purchase of an activity is final once the Training Portal has received your payment, and no payment for any activity (or any portion thereof) will be returned to any User, or refund made, unless the activity has been permanently cancelled or made unavailable prior to the commencement of the activity by the user.

3.11 Enrollment for an activity is in most instances limited to the enrollment duration for the activity. Once enrolled for an activity, an expiry date for the relevant activity will be displayed in your “My Profile” page. You will automatically be un-enrolled from the activity and be unable to access the activity after the expiry date unless you again purchase the activity.

3.12 The Training Portal reserves its right of admission and may unilaterally and without notice or any entitlement by the user for any compensation (direct, indirect or consequential) terminate the access of any user for any reason whatsoever, including illegal, defamatory, obscene, offensive, abusive, harassing or other unbecoming conduct of a user.

4.1 Registration as a Provider on the Training Portal is free and easy and avails a new world of training possibilities and opportunities to a Provider. By registering as a Provider you agree to the specific terms and conditions of Provider Registration as well as the general Terms and Conditions of the Site, and such agreement shall continue indefinitely or until terminated by the Training Portal.

4.2 The Training Portal reserves its right of admission and may at its discretion refuse to register any Provider without reasons being provided, or deregister a Provider and its activities at any time or restrict the use of the Corporate Solution function in the event of abuse or circumvention by a Provider of this function. In the latter instances, the Training Portal will notify the Provider of the intent to deregister or restrict and the reasons therefore.

4.3 By registering a Provider profile, you warrant that you are authorized to register and represent the Provider and create the Provider profile on the Training Portal. You further undertake to inform other Managers added to your Provider profile of the content of these terms and conditions and ensure that they consider themselves similiarly bound thereto. You also confirm that the information provided is true and correct as at the time of registration. The Training Portal does not accept any liability for incorrect information provided, in particular incorrect banking details provided, and is not liable in any manner whatsoever for any direct, indirect, general, special, incidental or consequential damages arising from incorrect information provided by a Provider.

4.4 To add a logo to your Provider profile and your activity homepages, please click on the “Add Logo” button under your Profile Tab in your Provider Administration area or send us your logo in JPEG format to support@trainingportal.co.za. Please note that there are size limitations to the logo display areas and you hereby agree to the Training Portal reducing or increasing the size of your logo to meet the size parameters for the Provider logo display areas.

4.5 By registering a Provider profile, you are by default established as an Administrator in respect of the Provider profile and can access the full range of functions available under the relevant Provider profile, including adding further Managers to your Profile and upgrading Managers to Administrators within your profile. Please note that if a Manager is upgraded to an Administrator in respect of your Provider profile, the Administrator will have access to the same functions and editing rights as the initial Administrator of the Provider.

4.6 It is the responsibility of the Administrators under a Provider profile to ensure that the Provider profile remains current. All communication by the Training Portal with the Provider will be by e-mail to the Administrators of the Provider.

4.7 When receiving requests for Manager affiliation, it is in the Provider’s sole discretion to accept or reject such requests for affiliation. Any payment arrangements for support provided by a Manager to a Provider, must be arranged and administered between a Provider and Manager and the Training Portal is not liable in any manner whatsoever for any remuneration or compensation of Managers. Managers are not automatically allocated to activities of a Provider, and the Provider must manually allocate Managers to its different activities.

4.8 A Provider is entitled to at no cost apply for courses, conferences and/or programmes and add these activities to its Provider profile, although the Training Portal reserves the right to charge the Provider a hosting fee for activities containing large amounts of data or activities that are dormant or have a low volume of users.

4.9 The Training Portal charges a Provider a 20% (twenty percent) administration fee for courses and programmes, and a 15% (fifteen percent) administration fee for conferences, calculated on the per user purchase price of an activity (after the deduction of any discount applicable), which administration fees are deducted from the fees due and payable to the Provider for user enrollments.

 4.10 The Training Portal administration fees are automatically deducted from the user enrollments paid to the Training Portal with the remaining Provider fees being paid to the Provider within 7 days of the end of each calendar month. The Training Portal will only charge the Provider administration fees for enrollments that have been paid. The Training Portal reserves the right to in exceptional cases and on good cause shown negotiate higher administration fees with a Provider.

4.11 Without prejudice the administration fees that the Training Portal may charge a Provider, the Provider can negotiate a hosting fee for an activity or an enrollment fee per user enrollment with the Training Portal where activities are to be hosted privately or a bulk order is to be processed for multiple enrollments or as a Corporate Solution. Contact Us to find out more about our Corporate Solutions .

4.12 The Training Portal provides no guarantee as to the ability of a Provider to generate revenue through the Training Portal, and although the Training Portal shall use its best efforts to support the Provider and market activities on the Training Portal, the Provider carries the full risk as to the marketability and success of its activities.

4.13 A Provider has control over the determination of the cost of its activities, but cannot charge less than the minimum activity fee of R300 for a public activity, or such other amount as the Training Portal may determine from time to time and inform the Provider. When entering the purchase price of an activity, the purchase price will be entered net of VAT, although the activity will be displayed in our Activity Catalogue as including VAT at 14% which the Training Portal is required to charge.

4.14 A Provider can add discount to any of its activities up to a maximum of 10% of the purchase price, and can add enrolment ranges for such discount to apply (eg. 1 enrollment = no discount, 2-5 enrollments = 5% discount, 6-20 enrollments = 7% discount etc.). The Training Portal has no control over the discount charged by a Provider and is not liable for the incorrect inclusion of discount or incorrect programming of discount ranges by a Provider.

4.15 A Provider can nominate to add Referral Commission to any of its activities. The Referral Commission can vary between 0 and 5% of the purchase price of the activity with the default position being 5% commission. Commission is determined with reference to the purchase price of the activity (after the deduction of any discount applicable and VAT) and is deducted (in addition to the Training Portal administration fees) from the fees paid to the Provider for user enrollments against its activity. The commission is then automatically paid to the Referrer within 7 days of the end of each calendar month.

4.16 Any account or payment queries can be directed to accounts@trainingportal.co.za. General support queries can be directed to support@trainingportal.co.za or view our Support Centre for tools, tips, tutorials and training video clips.

4.17 Please note that you as Provider are responsible to ensure that the information provided in any activity application is true and correct. The Training Portal reserves its right of refusal and may at its discretion refuse to register any Provider activity without reasons being provided, or deregister an activity at any time. In the latter instance, the Training Portal will notify the Provider of the intent to deregister and the reasons therefore.

4.18 The Training Portal will set up a skeleton activity structure for each approved activity application. The Provider remains solely responsible for the addition of training content to the activity and the management, administration and currency of the training content, the provision of feedback and communication to registered users enrolled for the activity and any queries, questions or problems relating to training content.

4.19 The default setting for a newly approved activity is to be “unlisted” from the Training Portal Activity Catalogue. It is the Provider’s responsibility to “list” the course in the Activity Catalogue when the activity is ready and available for enrollment.

4.20 A Provider remains solely responsible for the administration of any assessment tools included in its activities and must ensure that assessment, grading and feedback occur timeously and as scheduled by the Provider.

4.21 All training content included in an activity remains the property of the Provider who is the owner/originator of the activity and as such the Training Portal is not responsible for errors, inaccuracies or omissions in any Provider training content and does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness, completeness, legality or legitimacy of such training content and is not liable for any breach of proprietary and intellectual property rights by a Provider through the use of its training content, and shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including without limitation, data loss, lost revenues and lost profit) which may result from any use, incorrect use or reliance on such training content by a user.

4.22 Although the Training Portal periodically backs-up its activities on the Training Portal, a Provider remains solely responsible to ensure that it retains back-up copies of all its training content loaded onto the Training Portal.

4.23 Certain activities require that a user computer meets certain technical specifications such as internet access, up to date internet browser software, flash player software etc. to access and utilize activity resources effectively. Although every effort is made to utilize standardized software and tools, the Training Portal cannot guarantee that all Provider content will function fully or effectively on a user computer and the Training Portal does not accept liability for any failure by a user to access training activities or resources due to technical limitations of the user’s computer or internet. The Training Portal makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology powering the Training Portal will be free from errors or omissions or that the service will be 100% uninterrupted and error free, although best efforts will be made to minimize disruption and down-time.

4.24 As a Provider you will obtain access to the personal information of users enrolled for your activities which can be used for purposes of communication and contact related to the activity. Please note that Providers are not entitled to provide such personal information to third parties or utilize such information for purposes unrelated to the activities of the Provider.

4.25 In the event that a Provider becomes aware of illegal, defamatory, obscene, offensive, abusive, harassing or other unbecoming conduct of a user within its activities, the Provider must inform the Training Portal without delay of the conduct and identity of the user.

5.1 Registration as a Manager on the Training Portal is free and easy and avails a new world of training support and opportunities to a Manager. By registering as a Manager you agree to the specific terms and conditions of Manager Registration as well as the general Terms and Conditions of the Site, and such agreement shall continue indefinitely or until terminated by the Training Portal.

5.2 The Training Portal reserves its right of admission and may at its discretion deregister a Manager and any activities to which it is affiliated to. The Training Portal will notify the Manager of the intent to deregister and the reasons therefore.

5.3 By registering a Manager profile on the Training Portal and affiliating with Providers, you agree to be bound by the terms and conditions applicable to any Provider you are affiliated with.

5.4 As a Manager you can request affiliation with a Provider. Please note that it remains in the sole discretion of a Provider to accept or reject your request for affiliation and that the Training Portal has no control over your request. Managers are not automatically allocated to activities of a Provider, and the Provider must manually allocate Providers to its different activities where affiliation has been accepted by a Provider. The Provider retains the sole discretion to allocate a Manager to its activities as well as to determine the extent of the involvement of the Manager in the allocated activity (editing Manager or Non-editing Manager).

5.5. All payment arrangements (if any) for support provided by a Manager to a Provider, must be arranged and administered between a Provider and Manager, and the Training Portal is not liable in any manner whatsoever for any remuneration or compensation of Managers. You hereby agree that by registering as a Manager you have no expectation of or any entitlement to any payment by the Training Portal.

5.6 All training content included in an activity remains the property of the Provider who is the owner/originator of the activity and as such the Training Portal is not responsible for errors, inaccuracies or omissions in any Provider training content and does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness, completeness, legality or legitimacy of such training content and is not liable for any breach of proprietary and intellectual property rights by a Provider through the use of its training content, and shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including without limitation, data loss, lost revenues and lost profit) which may result from any use, incorrect use or reliance on such training content by a user.

5.7 As a Manager you will obtain access to the personal information of users enrolled for activities to which you have been affiliated with, which can be used for purposes of communication and contact related to the activity. Please note that you are not entitled to provide such personal information to third parties or utilize such information for purposes unrelated to the activities of the Provider.

5.8 In the event that a Manager becomes aware of illegal, defamatory, obscene, offensive, abusive, harassing or other unbecoming conduct of a user within its activities, the Manager must inform the Training Portal without delay of the conduct and identity of the user.

6.1 Registration as a Referrer on the Training Portal is free and easy and avails a new world of business opportunities to a Referrer. By registering as a Referrer you agree to the specific terms and conditions of Referrer Registration as well as the general Terms and Conditions of the Site, and such agreement shall continue indefinitely or until terminated by the Training Portal.

6.2 The Training Portal reserves its right of admission and may at its discretion deregister a Referrer and the Training Portal will notify the Referrer of the intent to deregister and the reasons therefore.

6.3 By registering as a Referrer, you confirm that the information provided is true and correct as at the time of registration. The Training Portal does not accept any liability for incorrect information provided, in particular incorrect banking details provided, and is not liable in any manner whatsoever for any direct, indirect, general, special, incidental or consequential damages arising from incorrect information provided by a Referrer. It is the responsibility of the Referrer to ensure that the Referrer banking details remains current.

6.4 A Referrer can earn Referral Commission of between 0 and 5% of the purchase price of an activity depending on the Referral Commission allocated to the activity by a Provider. Referral Commission is determined with reference to the purchase price of the activity (after the deduction of any discount applicable and VAT) and is deducted from the fees paid to the Provider for user enrollments against its activity. The Training Portal has no control over the Referral Commission allocated to any activity by a Provider and is accordingly not liable for the absence a commission percentage or unilateral changes by a Provider to the percentage of Referral Commission applicable to its activities.

6.5 Referral Commission is paid directly into the bank account of the Referrer within 7 days of the end of each calendar month, provided the commission due to the Referrer exceeds R300. If the Referral Commission due to the Referrer is less than R300, the commission will not be paid out, but will accrue and be carried over until the commission exceeds R300. Referral Commission is only paid on payments received and is not determined or paid in respect of unpaid orders or refunded orders. 6.6 If a user is refunded for an activity after Referral Commission on that activity has been paid, the amount of the Referral Commission paid on the refunded activity will be deducted from any following Referral Commission earned by the Referrer.

6.7 A Referrer can negotiate a different commission structure directly with a Provider in respect of a specific batch of enrollments and contact the Training Portal to process such order and commission structure as a unique Corporate Solution. The Training Portal will require written authorisation of the Provider confirming the agreed commission structure for the Referrer.

6.8 The Training Portal provides no guarantee as to the ability of a Referrer to generate commission through the Training Portal, and the Referrer carries the full risk as to its ability to earn commission. The Training Portal also provides no guarantee that a user will include the Referrer Code of a Referrer when making a payment, and where such Referrer Code has not been included, the Training Portal cannot allocate any commission to a Referrer. A Referrer is encouraged to assist users to purchase activities or even conduct bulk order processing on their behalf to ensure that Referral Commission is correctly allocated to the Provider.

6.9 Any account or payment queries can be directed to accounts@trainingportal.co.za.

6.10 All training content included in an activity remains the property of the Provider who is the owner/originator of the activity. A Referrer may accordingly not make any representation, warranty, guarantee regarding an activity or other claim of affiliation or agency with the Provider of an activity.