Trainers for Hire - Terms and Conditions of Use

1. Acceptance of Terms

1.1 These Terms constitute a legally binding agreement between the User and Trainers for Hire.

1.2 By completing the registration process and clicking "I agree" or similar, the User acknowledges that they have read, understood, and agree to be bound by these Terms.

2. Account Registration

2.1 To access and use certain features of the Platform, Users must register for an account.

2.2 Users are responsible for providing accurate, current, and complete information during the registration process and for keeping their account information updated.

2.3 Users are responsible for maintaining the confidentiality of their account login credentials and are liable for all activities that occur under their account. Users must notify Trainers for Hire immediately of any unauthorized access to or use of their account.

2.4 Trainers for Hire reserves the right to suspend or terminate any account if the information provided is inaccurate, incomplete, or if there is reason to believe that the account security has been compromised or the Terms have been violated.

3. Use of the Platform

3.1 The Platform facilitates connections between Customers seeking training services and Trainers offering such services.

3.2 Trainers are responsible for the accuracy and legality of their profiles, qualifications, experience, and the training services they offer.

3.3 Customers are responsible for clearly defining their training requirements and for evaluating the suitability of Trainers.

3.4 All interactions and agreements between Customers and Trainers are solely between those parties, subject to these Terms. Trainers for Hire acts as a platform provider and is not a party to any such direct agreements, except as expressly stated in these Terms.

3.5 Users agree to use the Platform in a manner that is lawful, ethical, and in accordance with these Terms and any applicable laws and regulations in South Africa.

4. Platform Fees and Payment

4.1 Trainers for Hire charges a commission fee of 20% (or as otherwise specified on the Platform) on the agreed-upon training fees between Customers and Trainers.

4.2 The Platform will facilitate invoicing and payment processing as described in the How it Works section of the Website.

4.3 Trainers are responsible for any taxes applicable to the payments they receive through the Platform.

4.4 Customers agree to pay the full invoiced amount in advance as specified on the Platform.

4.5 Trainers for Hire reserves the right to modify its fee structure at any time, with notification to Users.

5. Circumvention of the Platform

5.1 Users acknowledge and agree that the Platform provides a valuable service in connecting Customers and Trainers.

5.2 Customers and Trainers are strictly prohibited from directly contacting, negotiating, or entering into agreements for training services outside of the Platform if the initial connection was made through the Platform.

5.3 Any attempt to bypass the Platform to avoid paying applicable fees is a material breach of these Terms and may result in the immediate suspension or termination of the User's account and liability for any lost fees and damages incurred by Trainers for Hire.

5.4 This prohibition extends for a reasonable period after the termination or completion of any engagement initiated through the Platform, as determined by Trainers for Hire.

6. Cancellations and Postponements

6.1 The terms governing cancellations and postponements are as outlined in the How it Works section of the Website.

6.2 These terms acknowledge the financial impact of changes on both Trainers and Customers and are designed to be fair.

6.3 By using the Platform, Users agree to adhere to the cancellation and postponement policies detailed on the Website.

7. Intellectual Property

7.1 All content on the Platform, including but not limited to text, graphics, logos, images, software, and the design and layout of the Platform, is the intellectual property of Trainers for Hire or its licensors and is protected by copyright and other intellectual property laws in South Africa and internationally.

7.2 Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose only.

7.3 Users shall not copy, modify, distribute, sell, or lease any part of the Platform or its content without the prior written consent of Trainers for Hire.

7.4 Any intellectual property created by Trainers during a training engagement remains the property of the Trainer, unless otherwise agreed upon in a separate written agreement between the Trainer and the Customer. Trainers grant Customers a non-exclusive license to use the training materials for their internal training purposes related to the specific engagement.

7.5 Users warrant that any content they upload or share on the Platform does not infringe upon the intellectual property rights of any third party. Users grant Trainers for Hire a non-exclusive, royalty-free license to use, display, and reproduce such content for the purpose of operating the Platform and providing the services.

8. Confidentiality and Non-Disclosure

8.1 During the course of using the Platform and engaging in training services facilitated by the Platform, Users may have access to confidential information belonging to Trainers for Hire, other Users (Customers or Trainers), or third parties.

8.2 "Confidential Information" shall include, but not be limited to, business plans, financial information, pricing, customer lists, proprietary methodologies, training materials (where designated as confidential), and any other information that a reasonable person would understand to be confidential.

8.3 Users agree to hold all Confidential Information in strict confidence and shall not disclose such information to any third party without the express written consent of the disclosing party.

8.4 Users shall use Confidential Information solely for the purpose of utilizing the Platform and fulfilling their obligations related to training engagements facilitated through the Platform.

8.5 This obligation of confidentiality shall survive the termination of the User's account and any engagements entered into through the Platform.

8.6 Users shall take all reasonable measures to protect Confidential Information from unauthorized access, use, or disclosure, which measures shall be at least as stringent as those the User employs to protect its own confidential information of a similar nature, but in no event less than reasonable care.

8.7 In the event a User is compelled by law to disclose Confidential Information, the User shall provide prompt written notice to the disclosing party to allow such party to seek a protective order or other appropriate remedy. The User shall cooperate fully with the disclosing party in any such effort.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, Trainers for Hire shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to the User's access to or use of, or inability to access or use, the Platform or any content or services provided through the Platform, whether based on warranty, contract, delict (including negligence), statute, or any other legal theory, and whether or not Trainers for Hire has been informed of the possibility of such damage.

9.2 Trainers for Hire does not endorse or guarantee the skills, qualifications, or conduct of any Trainer or the suitability of any Customer. Users are solely responsible for their interactions and agreements.

9.3 In no event shall the total aggregate liability of Trainers for Hire to any User for all claims arising out of or relating to these Terms or the use of the Platform exceed the total amount of fees paid by the User to Trainers for Hire in the twelve (12) months preceding the event giving rise to the liability.

10. Indemnification

10.1 Users agree to indemnify, defend, and hold harmless Trainers for Hire, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. The User's use of the Platform;
2. The User's breach of these Terms, including but not limited to the obligations of confidentiality and non-circumvention;
3. Any content uploaded or shared by the User on the Platform, including any claims of intellectual property infringement;
4. The User's interactions or agreements with other Users.

11. Termination

11.1 Trainers for Hire reserves the right to suspend or terminate a User's account and access to the Platform at any time, with or without cause and without prior notice.

11.2 Users may terminate their account at any time by following the account closure procedures on the Platform.

11.3 Upon termination, all rights and licenses granted to the User under these Terms will immediately cease, and the obligations regarding confidentiality and non-circumvention shall survive.

12. Governing Law and Jurisdiction

12.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12.2 Any dispute arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa.

13. Amendments to Terms

13.1 Trainers for Hire reserves the right to modify or update these Terms at any time without prior notice.

13.2 Any changes to these Terms will be posted on the Platform, and the "Last Updated" date will be revised.

13.3 Users are responsible for reviewing the most current version of the Terms periodically.

13.4 Continued use of the Platform after any such changes constitutes the User's acceptance of the updated Terms.

14. Entire Agreement

14.1 These Terms, together with the How it Works section and any other policies or guidelines posted on the Website, constitute the entire agreement between the User and Trainers for Hire with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

15. Precedence

15.1 In the event of any conflict or inconsistency between the information provided on the Trainers for Hire Website and these Terms, the provisions of these Terms shall prevail.