Platform Provider: Telecoms Media Group (Pty) Ltd (“TMG”)
Content Partner: Sidharth Srivastava trading as Madmax Academy
1. ACCEPTANCE OF TERMS
By registering for a membership, creating an account, or utilizing the Comms-Training Learning Management System (“The Platform”), you (“The Member” or “The User”) agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company, you represent that you have the authority to bind such entity to these terms.
2. NATURE OF SERVICE AND “AS IS” BASIS
2.1. The Provider (TMG): TMG provides the technical infrastructure, hosting, and software functionality.
2.2. The Content Partner (Madmax Academy): The training content and curriculum strategy are provided by Madmax Academy.
2.3. “As Is” and “As Available”: The Service, including all content, functions, and materials, is provided on an “As Is” and “As Available” basis. TMG and Madmax Academy expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TMG makes no warranty that the Platform will meet your specific requirements or expectations.
3. MEMBERSHIP, BILLING AND DEBIT ORDER AUTHORITY
3.1. Membership Fees: Access is granted via a monthly subscription membership.
3.2. Debit Order Authority: The Member authorizes TMG to collect the agreed monthly membership fees via Debit Order.
3.3. Billing Cycle: Fees are deducted monthly in advance.
3.4. Failed Payments: In the event of a failed debit order, TMG reserves the right to immediately suspend access. The Member is liable for any bank administration fees incurred.
3.5. Taxes: All fees are exclusive of VAT.
4. INTELLECTUAL PROPERTY (IP)
4.1. Platform Ownership: TMG retains all rights to the LMS source code and architecture.
4.2. Content Ownership: Content provided by Madmax Academy remains the property of Madmax Academy. Content uploaded by The Member remains the property of The Member.
5. ACCOUNT MANAGEMENT AND USER ACCESS SECURITY
5.1. Member Responsibility: The Member (Company Admin) is solely responsible for managing user access.
5.2. Employee Termination: It is the sole responsibility of The Member to revoke access for employees who leave their organization. TMG shall not be held liable for any data breach, loss of intellectual property, or unauthorized access resulting from The Member’s failure to deactivate the accounts of former employees or contractors.
5.3. Credential Security: The Member agrees not to share login credentials. TMG reserves the right to terminate accounts found to be sharing access.
6. COMPREHENSIVE LIMITATION OF LIABILITY
To the fullest extent permitted by law, TMG disclaims all liability for the following:
6.1. System Availability: TMG is not liable for any losses arising from system downtime, server outages, maintenance periods, or technical failures. No guarantee of uptime is provided.
6.2. Staff Turnover: TMG and its partners are not liable for the costs associated with training staff who subsequently leave The Member’s employment. The Platform is a tool for education, not a retention guarantee.
6.3. User Interactions & Connections: TMG is not responsible for any disputes, relationships, business deals, or interactions formed between users on the Platform. Any networking or connections made through the Academy are at the User’s own risk.
6.4. Consulting & Advice: TMG is not liable for any business decisions made based on the training content or advice provided by Madmax Academy.
6.5. Indirect Damages: In no event shall TMG be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or use, incurred by The Member or any third party.
7. CONFIDENTIALITY
7.1. TMG agrees to treat all User Data (learner progress, employee details) as strictly confidential.
7.2. TMG shall not disclose User Data to third parties except as required by law or to facilitate the specific technical delivery of the service.
8. CANCELLATION AND TERMINATION
8.1. Month-to-Month: Memberships are on a month-to-month basis.
8.2. Cancellation Notice: You may cancel your membership with 30 days’ written notice.
8.3. Debit Order Cancellation: TMG will cease collections after the final notice period payment.
8.4. Data Export: Upon termination, TMG will provide an export of user completion records upon request. All Member content will be deleted 30 days after termination.
9. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the South African courts.