Terms of Service

Last updated: August 2024


The following terms and conditions govern your access and use of our software platforms:

  1. Learner Management System - eBrixx LMS
  2. Learning Management System - eBrixx Connect
  3. The above solutions, related websites, software, and services - Collectively, the "Platforms"

If you do not agree with one or more provisions of these terms and conditions, you may not use the Platforms.


1. GENERAL INFORMATION

  1. These Terms of Service constitute a legally binding agreement between the company "Faculty Training Institute (Pty) Ltd" having a registered place of business at Montrose Place, Waterfall Office Park, Midrand, Gauteng, South Africa (FTI) and an individual user or a business entity (the "User") accessing and using the Platforms. If a user is accepting these Terms of Service on behalf of an organisation or entity that is concluding, has concluded, or intends to conclude a service contract with FTI, the user represents and warrants that they are duly authorised to enter into the contract on the basis of these Terms of Service on behalf of the organisation or entity (Organisation).

  2. License to use the Platforms. FTI grants the user a personal, revocable, non-exclusive, non-transferable and limited license to use the Platforms under these Terms of Service. This license does not include any resale of the Platforms or any content made available on the Platforms.

  3. Minors. The Platforms are not marketed and should not be used by persons under the age of 18. If the user is not of the required age and/or cannot form a binding contract, such a user has to accept these Terms of Service only under the supervision of a parent or a legal guardian and get permission from the parent or legal guardian to use the Platforms.

  4. Disclaimer. All information provided on the Platforms is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor the Platforms, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on the Platforms, neither provided by us nor by the users of the Platforms.

  5. Third-party links and advertising. The Platforms may contain links to websites, applications, and other online sources owned and operated by third parties. The Platforms may also feature information provided by the organisations, their teachers, students, parents, staff members, candidates, and other third parties. We are not responsible or liable in any manner for the content of such third-party links, or information, as well as the security and privacy practices deployed by the operators of third-party websites. Please exercise your due diligence before clicking on any third-party links or advertisements.

  6. Support. Any requests for customer or technical support should be addressed to us by email at support@fti.co.za.

  7. Access to the Platforms. The user is responsible for providing and maintaining, at the user's own risk, option and expense, any hardware, software and communication lines required to access and use the Platforms.

  8. Privacy and other relevant terms. The documents that include important provisions regarding user's access and use of the Platforms should be read and interpreted together with the:


2. USER ACCOUNTS

  1. Types of user accounts. In order to access and use the full functionality of the Platforms, the users are required to create a user account (the "Account"). Before creating the Account, the user will be requested to read and accept these Terms of Service and review the Privacy Policy. The personal data related to the Account will be processed in accordance with our Privacy Policy. The Account is not transferable, and the user is solely responsible for any activities occurring through the Account. There are different types of Accounts available on the Platforms, subject to different functionalities and limitations. Which we may change from time to time.

  2. User's warranties. By registering the Account, the user acknowledges, agrees, and warrants that:

  3. Conflict of interests. The user is not allowed to register the Account if such a registration creates a direct conflict of interest between the user and the Company or the Platforms, unless the user obtains a prior written authorisation from us for the creation of the Account.

  4. Security of the Account. The user is solely responsible for maintaining the confidentiality of the Account, including keeping secure login details and passwords. By using the Platforms, the user agrees to immediately notify us about allegedly unauthorised use of the Account or any other security breach related to the Account. The user is also responsible for using secure Internet connection and protected networks while using the Platforms. We cannot and will not be liable for any loss or damage resulting from the user's failure to comply with these security obligations.

  5. Deactivation of the Account. At any time, the user may delete the Account through the System Menu or by sending a request directly to us. Upon deactivation of the Account, these Terms of Service shall terminate.

  6. Suspension and termination of the Account. We reserve the right to suspend or terminate the Account if, at our sole discretion, we have grounds to believe that the user has breached these Terms of Service or upon a lawful request of a public authority.

  7. Confidential information. Any information made available by us to the Organisation is of a confidential nature (the "Confidential Information"). The Organisation must at all times:

    The Confidential Information can be disclosed only to the Organisation's employees, employers, officers, sub-contractors, representatives or advisers who need to know such information for the purposes of carrying out the obligations under these Terms of Service.

  8. Authorisation and insurance. The Organisation is solely responsible for obtaining all necessary authorisations, certificates, and undergoing verifications enabling them to provide education-related services. By creating the Organisation's Account, the Organisation confirms that it has the necessary skills, rights, authorisation and licenses (if prescribed by law) to provide educational services. We are not responsible in any manner and bear no liability for an Organisation's activities carried out through the Platforms without such authorisation. We insist the Organisation to:

    Although the Organisation may indicate that they maintain appropriate insurance policies, we make no representation or warranty that the Organisation actually holds such insurance policies.

3. FEES, PAYMENTS, AND REFUNDS

  1. The Fees. The use of the Platforms by the Organisation is subject to the applicable service fees (the "Fees"). The Fees and payment terms related to the services provided through the Platforms are made available on the Platforms or communicated to the Organisations personally. The Fees are indicated in South African Rand (ZAR) and are charged on a subscription basis monthly or annually. By concluding a service contract with us, the Organisation agrees to pay the Fees in accordance with these Terms of Service and the terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as they are indicated on the Platforms or communicated by us. The Fees are subject to change without prior notice.

  2. Trial Period. Subject to availability, we provide the Organisation with a 30-day trial period (the "Trial Period") for their use of the Platforms. The Trial Period is not subject to the Fees and we will not make any charges for the Trial Period. The Trial Period commences automatically after the Organisation registers its Account. The Trial Period can be cancelled at any time before the Trial Period expires. Upon expiration of the Trial Period, unless cancelled earlier by the Organisation, the subscription plan chosen by the Organisation shall commence, subject to the applicable Fees.

  3. Taxes. The Fees include applicable taxes, unless stated otherwise. The Organisation is responsible for paying all applicable income taxes, including on the income received under the Agreements (as defined in Section 4 of the Terms of Service).

  4. Payment processing. All payments related to the Platforms, including payments of the Fees, are processed by our Finance Department (collectively, the "Payment Processors"). The Payment Processors are solely responsible for handling the payments. The Organisation agrees not to hold us liable for payments that do not reach us because it has quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payments Processors may collect some personal data, which will allow them to make the requested payments (e.g., credit card details). The Payment Processors handle all the steps in the payment process through their systems, including data collection and data processing. We do not have access to the payment data, unless such data is necessary for ensuring that the payment was successfully processed or maintaining our accountancy records. For example, we may store an Organisation's credit card details in our system in order to:

  5. Invoices. The invoices for the Fees paid and any payments charged by us (the "Invoices") are generated automatically. The Organisation is responsible for ensuring that all information in the Account is accurate and up-to-date so that the Invoices can be generated correctly. We accept no responsibility if the Invoices are erroneous due to the Organisation's failure to comply with these Terms of Service.

  6. Concluding a service contract with us. To conclude a service contract with us, the Organisation needs to:

    After the payment is processed, we will pre-authorise the Fees and send the Organisation a confirmatory email informing them about the order. By paying the invoice and receiving the confirmatory email, the Organisation concludes a service contract in English with us on the basis of these Terms of Service.

  7. Cancelling service contracts. The Organisation is entitled to cancel their current subscription plans within the subscription term at any time by contacting FTI directly. No Fees paid by the Organisation for the respective subscription plan shall be returned to the Organisation. After the cancellation of the subscription plan becomes effective, no further Fees shall be charged to the Organisation. It is the Organisation's responsibility to back up any data and/or information from the service within the expiry of the subscription plans to any services and or modules provided through the Platforms. Once the subscription period expires, FTI will, at its discretion, delete the Organisation's data and/or content from the Platforms. Deleted data and/or content cannot be recovered. This clause applies to data residing in the core of the Platforms or any add-on modules.

  8. Refunds. All sales are final. We do not provide refunds to the Organisation for any Fees paid. If an Organisation is not satisfied with the quality of the services provided through the Platforms, the Organisation may cancel the service contract as explained in Section 3.7 of the Terms of Service and stop using the Platforms.

4. AGREEMENTS

  1. The Platforms may facilitate communication between the Organisation and other individuals (collectively, the "Contractors"). Unless otherwise provided in the Terms of Service, we do not intervene with the communication between the Contractors as well as negotiation, conclusion, and execution of contracts between the Contractors (the "Agreements"). Our responsibilities with regard to the Agreements are limited to:

    By using the Platforms, the users acknowledge and agree that the Organisation and not us are solely responsible for:


  2. Entering into the Agreements. If the Contractors decide to enter into the Agreement, the Agreement is the contractual relationship between the Contractors, and the Contractors have complete discretion with regard whether to enter into the Agreement and the agreed terms of the Agreements. The Contractors acknowledge and agree that FTI is not a party to the Agreement and the formation of the Agreement does not create employment, partnership, joint venture, or other service relationships between the Contractors and FTI. The Contractors may enter into any agreements as they deem to be appropriate (e.g., confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms of Service.

  3. We are not a party to the Agreements and, therefore, we will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Agreements and any transactions made between the Contractors as a result of the interactions through the Platforms.

  4. The Organisation is solely responsible for:

  5. The Platforms provide general information about the users and display profiles created by the users. We do not endorse any users of our software. Our software features only a limited list of the Organisation that is compiled by us on the basis of the Organisation's Accounts and updated from time to time.

  6. Although we require providing only true, accurate, correct, and up-to-date information through the Platforms, we do not guarantee that any information, accreditation, and personal data provided by any users of the Platforms is true, accurate, correct, and up-to-date. We make no warranties regarding any information or services provided by the Organisation through the Platforms and any transactions carried by the Contractors through the Platforms.

  7. You are solely responsible for carrying out appropriate checks regarding the users of the Platforms, including the Organisations, such as their relevant trade and industry accreditations, qualifications, and legal authorisations prior to concluding the Agreements. None of the references provided by us or the users of the Platforms in relation to any user of the Platforms (e.g., reviews, comments, ratings or status "verified", "connected" or similar) represents endorsement, certification or guarantees about any user, as well as the information or services provided by that user.

  8. We are not responsible for any disputes that arise between the Contractors, nor we are obliged to receive or process, complaints against the users of the Platforms or resolve disputes between the users of the Platforms or Contractors, unless the complaint concerns the performance of our legal or contractual obligations under these Terms of Service.

5. THE RECORDS

  1. As a user, you may upload and submit various types of Records through the Platforms. Some of the Records may become available to other users of the Platforms. Therefore, we request the users to:

  2. By creating and uploading the Records through the Platforms, the user grants us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the Records for the purposes of providing our services and carrying our legitimate business interests.

  3. The user agrees not to submit the Records that violate these Terms of Service or any applicable laws, including intellectual property rights of others and the user agrees to pay all royalties, fees, and any other monies applicable to the Records.

  4. The user understands and agrees that, in order to ensure the security of the Platforms, we may, but have no obligation to, monitor or review the Records. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the Records, in whole or in part, that violate these Terms of Service or may harm the reputation of the Platforms. However, the user remains solely responsible for the Records.

  5. The user is not allowed to make publicly available personal data of persons who have not provided the user with their prior authorisation or consent to share that personal data (e.g. the Organisations cannot publish names, contact details, and health-related data of a person if no lawful basis is available) through the Records.

  6. The Records include users' personal views and recommendations. The Records do not reflect our views, recommendations, endorsement, or any commitments related thereto.

6. ACCEPTABLE USE POLICY

  1. When using the Platforms, the user is required to follow our acceptable use policy outlined in Section 6. We work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.

  2. The user is not permitted to use the Platforms in any manner that may be deemed or contributes to the following activities (the list is representative and not exhaustive):

  3. Reporting inappropriate content. If the user has grounds to think that some of the content available on the Platforms is inappropriate, infringes these Terms of Service, applicable laws, or user's or third party's right to privacy, the user is requested to contact us immediately at support@fti.co.za. If any content is reported as inappropriate, we will immediately delete the content from the Platforms and investigate the conduct of the reported user.

7. MARKETING AND INFORMATIONAL NOTICES

  1. Marketing messages. To keep the users up-to-date with the Platforms, we may send users marketing messages, such as newsletters, brochures, promotions and advertisements, informing the users about our new services or new features of the Platforms. We will contact users for marketing purposes only if:

  2. Opting out. The user can opt out from receiving marketing messages at any time free of charge by clicking on the "unsubscribe" link contained in any of the messages sent to the user or by contacting us directly.

  3. Informational notices. From time to time, we may send the users informational notices, such as service-related, technical or administrative emails, information about the Platforms and the Account, user's privacy and security, and other important matters. We will send such notices on an "if-needed" basis and they do not fall within the scope of direct marketing communication that requires the user's prior consent.

8. SECURITY

  1. We take appropriate security measures to protect the information we store on the Platforms against unauthorised access. The security measures taken by us include secured networks (we use SSL encryption), strong passwords, DDOS mitigation, limited access to personal data by our staff, and anonymising of personal data (when possible).

  2. Avoiding phishing and scam. Phishing is an online scam that aims to trick someone into giving up their personal data, such as credit card numbers, national ID numbers, or other financial data. Usually, when scammers have that information, they will then use it to steal your money, property or identity. The user agrees not to disclose any financial information through the Platforms or make any wire transfers to other users of the Platforms or third parties outside the Platforms with regard to the Platforms, unless it is required:

  3. The user is solely responsible for the interactions with other users of the Platforms. The user acknowledges and agrees that we do not conduct any checks of the qualifications, certification, skills, and background of the users. We make no representations or warranties as to the conduct of the users.

  4. Security incidents. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber-attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any information caused by circumstances that are beyond our reasonable control. In the case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by the applicable law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.

9. INTELLECTUAL PROPERTY

  1. Our Content. Most of the content made available on the Platforms, excluding the Records, is owned by us, our partners, agents, licensors, vendors, and/or other content providers ("Our Content"). Our Content includes, but is not limited to, text, images, audio-visual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. The user is not allowed, without obtaining prior written authorisation from us, to:

  2. Third-party intellectual property. Some of the intellectual property assets, such as the Records and trademarks, featured on the Platforms may be owned by the users and other third parties. Such third-party intellectual property does not belong to us, and it remains the sole property of the respective third-party proprietors.

  3. Copyright infringement claims. We respect intellectual property rights. If a user has any grounds to believe that any content made available on the Platforms violates user's or third party's intellectual property rights, the user is requested to contact us, express the user's concerns, and request to remove the allegedly infringing content (our contact details are available at the end of the Terms of Service). In the copyright infringement claim, please provide sufficient details allowing us to locate the alleged infringing content on the Platforms. We will reply to the copyright infringement claim as soon as possible but no later than 2 (two) weeks.

10. AVAILABILITY AND FORCE MAJEURE

  1. Availability. We enforce reasonable efforts to ensure that the Platforms are always accessible. However, the availability of the Platforms may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. We take no responsibility for the unavailability of the Platforms caused by such factors.
  2. Force majeure. FTI is not responsible for the unavailability of the Platforms due to circumstances outside FTI's reasonable control and force majeure events, including, but not limited to:


11. DISCLAIMER OF WARRANTIES

  1. We provide the Platforms on "as available", "as is", and "with all faults" basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Platforms, any content featured on the Platforms, whether provided by us or by third parties, and hereby disclaim all warranties regarding the Platforms and their operation.

  2. It is user's sole responsibility to verify and assess the fit for the purpose of the Platforms prior to using them and to decide whether or not the Platforms fit for the intended use.

  3. By using the Platforms, the user acknowledges that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

  4. Nothing in these Terms of Service shall affect any statutory rights the user is entitled to as a consumer and that the user cannot contractually agree to alter or waive.

12. LIMITATION OF LIABILITY

  1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with user's use of the Platforms, any content made available through the Platforms, whether provided by us or by third parties, or any transactions concluded outside the Platforms or as a result of the Platforms. The user agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

  2. We will not be liable to the user for any direct, indirect or consequential losses, which may be incurred by the user in relation to the Platforms, such as:

  3. We will not be liable for any loss or damage, which may be incurred by the user as a result of:

  4. This Section 12 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

13. INDEMNIFICATION

  1. The user agrees to indemnify, defend and hold FTI, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, user's use of the Platforms, or user's violation of any law or the rights of a third party.

14. SEVERABILITY

  1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected as a result.

15. GOVERNING LAW AND DISPUTES

  1. Governing law. These Terms of Service shall be governed and construed in accordance with the laws of South Africa, without regard to its conflicts of law provisions.

  2. Jurisdiction. The user agrees to resolve any disputes arising out of or relating to these Terms of Service by means of negotiation with FTI. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to an alternative dispute resolution (ADR) body before bringing the case to the courts in South Africa.

  3. Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. The user does not need (but may apply for) legal assistance or representation to take the user's case to an ADR scheme. The ADR body investigates complains by looking at consumer's and Internet service provider's arguments and comes to a decision it deems to be fair.

16. MISCELLANEOUS

  1. Term and termination. The Terms of Service enter into force on the date indicated at the top of the Terms of Service and remain in force until updated or terminated by us or until the user stops using the Platforms.

  2. Amendments. We reserve the right to modify these Terms of Service at any time, effective upon the posting of an updated version on the Platforms. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Platforms, and our business practices. We will send the users a notification (if we have their email addresses) about any material amendments to the Terms of Service that may be of importance. The user's continued use of the Platforms after any changes shall constitute the user's consent to such changes. We also reserve the right to modify the services provided through the Platforms at any time, at our sole discretion.

  3. Breach of the Terms of Service. If we believe, at our sole discretion, that the user violates these Terms of Service and it is appropriate, necessary or desirable to do so, we may:

  4. Transfer of rights. The user is not allowed to assign the user's rights under these Terms of Service. We are entitled to transfer our rights and obligations under these Terms of Service entirely or partially to a third party by giving prior notice to the user. If the user does not agree to the transfer, the user can terminate these Terms of Service with immediate effect and stopping to use the Platforms.

  5. Merger or acquisition. In the event FTI, during the term of these Terms of Service, is acquired, merged, or sells all or substantially all of its assets, these Terms of Service shall not automatically be terminated and FTI agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms of Service.

  6. Entire agreement. These Terms of Service, together with the documents referred to therein, represent entire agreement between the user and us regarding your relationship with us and govern your use of the Platforms.

17. CONTACT