- Think Digital Academy (TDA) is a curriculum provider.
- TDA grants the Coaching Hub a right to use the TDA curricula.
- Once your Hub’s details are loaded on the TDA website, it is deemed that your application has been successful.
2. Rights relating to TDA curricula and brand
- The rights granted by TDA to the Coaching Hub in terms of this Agreement only authorise the Coaching Hub to use the TDA curricula in operation of the business. The Coaching Hub is not accredited by or associated with TDA. There is no partnership or joint venture. The Hub may use the term “Think Digital Academy” in marketing material when referring to the curricula used.
- The Coaching Hub may not use the TDA logo; include the term “Think Digital Academy” in the name of the business or advertise that the Hub is affiliated to or accredited by TDA.:
- The Coaching Hub may not copy or reproduce any Think Digital Academy material (summaries, memos, assessments, etc).
- It is the Coaching Hub’s responsibility to ensure that they fully understand how our online portal works, including accessing content, downloading and uploading assessments, assessment calendar, registering for Cambridge exams, etc.
- TDA has the right to inspect the Coaching Hub during business hours to ensure that it is in compliance with this agreement.
- All intellectual property shall remain the property of TDA.
3. Relationship between the parties and parents
- The Coaching Hub must make it clear to parents that there is no partnership or joint venture or accreditation between TDA and the Coaching Hub.
- The parents must purchase the content directly from TDA. All invoices must be addressed to the parent.
- The Coaching Hub may not accept payment intended for TDA from the parent.
- The Coaching Hub may not block access to TDA content should centre fees be in arrears by the parent.
- TDA will block access to the student should fees for content not be up to date.
- The content may only be used for the student whose name it is registered in and no other students in the Coaching Hub.
4. Obligations of the Coaching Hub
The Coaching Hub shall comply with the following requirements:
- Ensure that the parents are aware and fully understand the legal relationship between TDA and the Coaching Hub.
- Comply with the relevant legislation and regulations applicable to the operation of the Coaching Hub as well as with reasonable requests from TDA.
- Immediately inform TDA of any complaints regarding the content or the Coaching Hub.
- Submit learner assessments timeously, especially FET learners.
- Protect the reputation and interest of TDA at all times and not compromise the business in any way.
- Without prejudice to any rights implied by statute or common law or under the provisions of this Agreement, the Business hereby indemnifies TDA and its successors, assigns, agents, directors, shareholders and employees (collectively the “Indemnified Parties”), and shall keep such Indemnified Parties harmless at all times, against any and all liability, losses (including consequential loss), costs, claims, demands, expenses and fees (including legal and other professional fees), actions, proceedings and/or damages whatsoever and howsoever arising, against the Indemnified Parties, arising from or in connection with this Agreement, other than any such liability, losses (including consequential loss), costs, claims, demands, expenses and fees (including legal and other professional fees), actions, proceedings and or damages whatsoever and howsoever arising as a result of any grossly negligent act or omission or default of the Indemnified Parties.
- The Coaching Hub shall keep all IP that it comes into contact with, because of its relationship with TDA, confidential.
- The Coaching Hub understands that the IP is valuable and that TDA may suffer economic and other losses in the event of such information being disclosed to an unauthorised third party.
- The Coaching Hub agrees not to decompile, reverse engineer or modify, adapt or alter part of, or the whole TDA learner management system.
- The Coaching Hub may not offer TDA staff any form of employment.
- The Coaching Hub may not solicit TDA customers.