- Think Digital Academy (TDA) is a curriculum provider.
- TDA grants the Educational Support Centre a right to use the TDA curricula.
- Once your Centre’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 Educational Support Centre in terms of this Agreement only authorise the Educational Support Centre to use the TDA curricula in operation of the business. The Educational Support Centre is not accredited by or associated with TDA. There is no partnership or joint venture. The Centre may use the term “Think Digital Academy” in marketing material when referring to the curricula used.
- The Educational Support Centre may not use the TDA logo; include the term “Think Digital Academy” in the name of the business or advertise that the Centre is affiliated to or accredited by TDA.:
- The Educational Support Centre may not copy or reproduce any Think Digital Academy material (summaries, memos, assessments, etc).
- It is the Educational Support Centre’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 Educational Support Centre 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 Educational Support Centre must make it clear to parents that there is no partnership or joint venture or accreditation between TDA and the Educational Support Centre.
- The parents must purchase the content directly from TDA. All invoices must be addressed to the parent.
- The Educational Support Centre may not accept payment intended for TDA from the parent.
- The Educational Support Centre 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 Educational Support Centre.
4. Obligations of the Educational Support Centre
The Educational Support Centre shall comply with the following requirements:
- Ensure that the parents are aware and fully understand the legal relationship between TDA and the Educational Support Centre.
- Comply with the relevant legislation and regulations applicable to the operation of the Educational Support Centre as well as with reasonable requests from TDA.
- Immediately inform TDA of any complaints regarding the content or the Educational Support Centre.
- 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 Educational Support Centre shall keep all IP that it comes into contact with, because of its relationship with TDA, confidential.
- The Educational Support Centre 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 Educational Support Centre agrees not to decompile, reverse engineer or modify, adapt or alter part of, or the whole TDA learner management system.
- The Educational Support Centre may not offer TDA staff any form of employment.
- The Educational Support Centre may not solicit TDA customers.