Terms of Service
These Terms of Service ("Terms") govern your use of the TrainLink website at train-link.co.za and train-link.com and the TrainLink platform (together, the "Platform"). Please read them carefully. By creating an account or using the Platform you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.
Important clauses. Clauses 4 (TrainLink's role), 9 (fees and payments), 11 (disputes between users), 14 (limitation of liability) and 15 (indemnity) limit our responsibility, place risk on you or require you to indemnify us. They are shown in bold where they apply. Please pay special attention to them.
1. About TrainLink
TrainLink is an online marketplace that connects companies and organisations looking for training ("Clients") with independent trainers, facilitators, coaches and training firms ("Facilitators"). The Platform is operated by TrainLink (Pty) Ltd (registration number 2025/467687/07) ("TrainLink", "we", "us"). Our full details appear in clause 20.
2. Definitions
- Account: your registered TrainLink account.
- Job: a request for training posted by a Client on the Platform.
- Application: a Facilitator's response to a Job, including a proposed rate.
- Engagement: an agreement between a Client and a Facilitator to deliver training, whether concluded on the Platform or after an introduction made through it.
- Agreed Fee: the price for an Engagement agreed between the Client and the Facilitator, excluding TrainLink's Platform Fee.
- Platform Fee: TrainLink's service fee described in clause 9.
- User: any Client or Facilitator with an Account. "You" means you as a User or visitor.
3. Eligibility and accounts
- You must be at least 18 years old and legally able to enter into contracts. If you register on behalf of a company or other organisation, you confirm that you are authorised to bind it to these Terms, and "you" includes that organisation.
- Each email address may be linked to one Account with one role, either Client or Facilitator.
- You must give accurate, current and complete information and keep it up to date. You must not impersonate anyone or create an Account for someone else without their authority.
- You are responsible for keeping your login details confidential and for all activity on your Account. Tell us immediately at support@train-link.co.za if you suspect unauthorised use.
4. TrainLink's role
- TrainLink provides a venue for Clients and Facilitators to find and engage each other. Unless we expressly agree otherwise in writing, we are not a party to any Engagement. We are not an employer, agent, training provider or skills development provider, and we do not supervise, direct or control how training is designed or delivered.
- Facilitators are independent contractors of the Clients they work for. Nothing in these Terms creates an employment, partnership, joint venture or agency relationship between TrainLink and any User.
- Each Client is responsible for choosing a Facilitator and for deciding whether a Facilitator and their training are suitable. Each Facilitator is responsible for the quality, legality and safety of the training they deliver.
- Unless we expressly state otherwise, we do not guarantee that any Job will be filled, that any Facilitator will be selected, or that training will be accredited by a SETA, QCTO or any other body.
5. Verification
- We review Client and Facilitator profiles and Jobs before they become active on the Platform. We may approve, request changes to or decline a profile or Job at our discretion. Where we decline, we will tell you why.
- Verification means only that we have reviewed the information you gave us against our internal criteria at that time. It is not a guarantee, endorsement or warranty of any User's identity, qualifications, experience, credit-worthiness, conduct or the quality of their work. You should do your own checks before entering into an Engagement.
- We may ask for supporting documents (for example qualifications, reference letters or company registration documents) and may withdraw verification if information turns out to be inaccurate.
6. Facilitator obligations
As a Facilitator you confirm and agree that:
- the qualifications, experience, certifications and rates on your profile are true and not misleading, and you hold any licence, accreditation or registration you claim;
- you will deliver training with reasonable skill and care, on the agreed dates and in line with the agreed scope;
- you own, or are licensed to use, all training materials you use, and they do not infringe anyone's rights;
- you are responsible for your own tax, including income tax and VAT where you are a registered vendor, and for any insurance you need;
- you will treat Clients' and delegates' personal and confidential information lawfully and only for the purpose of the Engagement.
7. Client obligations
As a Client you confirm and agree that:
- your Jobs describe genuine training needs accurately, including dates, location, format, audience size and budget;
- you will provide what the Facilitator reasonably needs to deliver the training, such as venue access, equipment, delegate lists and briefing;
- you will pay the Agreed Fee and the Platform Fee as set out in clause 9;
- you are responsible for the health and safety of your venue and for complying with workplace laws that apply to your delegates.
8. Jobs, applications and engagements
- Clients may post Jobs, which become visible to Facilitators once approved. A Job can be edited only until the first Application is received, and deleted only before its start date.
- Facilitators may apply to open Jobs before the application deadline. Clients may shortlist or decline Applications. Shortlisting does not create a binding Engagement.
- An Engagement is concluded when the Client and Facilitator both agree the scope, dates and Agreed Fee. During the current phase of the Platform, TrainLink may introduce shortlisted Users to each other by email to finalise these terms. Once Platform payments are available, Engagements will be confirmed on the Platform.
- The Client and Facilitator may agree additional terms, provided they do not conflict with these Terms. If they conflict, these Terms apply to the extent of the conflict as between you and TrainLink.
- Non-circumvention. TrainLink invests in finding, verifying and introducing Users. For 12 months after a Client and Facilitator are first introduced through the Platform, you agree not to arrange or pay for training with each other outside the Platform in order to avoid the Platform Fee. If you do, we may charge the Platform Fee that would have applied and suspend your Account. This does not apply to relationships that existed before your introduction through TrainLink, if you can show they did.
9. Fees and payments
- Registering, building a profile, posting Jobs and applying are currently free.
- For each Engagement, TrainLink charges a Platform Fee of 15% of the Agreed Fee, split equally:
- 7.5% is charged to the Client on top of the Agreed Fee; and
- 7.5% is deducted from the amount paid out to the Facilitator.
- Secure payments. When Platform payments are introduced, they will work as follows. Before training starts, the Client pays the Agreed Fee plus the Client Platform Fee. A regulated third-party payment provider collects these funds and holds them until the Engagement is completed. Card and banking details are processed by that provider, not stored by TrainLink. The provider's own terms will also apply, and we will tell you which provider we use before you pay.
- Release of funds. Funds are released to the Facilitator, less the Facilitator Platform Fee, when:
- the Client confirms completion; or
- the Facilitator confirms completion and the Client does not open a dispute within 3 calendar days.
- Until Platform payments are introduced, Clients and Facilitators settle the Agreed Fee directly. TrainLink will invoice its Platform Fee separately for Engagements resulting from introductions made through the Platform, payable within 30 days of invoice.
- We may change our fees by giving at least 30 days' notice on the Platform or by email. Changes will not affect Engagements already agreed.
10. Cancellations and refunds
- Clients and Facilitators should agree cancellation terms as part of each Engagement.
- If a Client cancels before training starts and funds are held by the payment provider, the Client's payment (less any non-refundable payment-processing costs) will be refunded, unless the Engagement terms provide for a cancellation fee payable to the Facilitator.
- If a Facilitator cancels or fails to deliver, the Client will be refunded in full, including the Client Platform Fee.
- Nothing in these Terms limits any right you have under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, where those Acts apply to you. The ECTA cooling-off right generally does not apply to services that have begun with your consent, or to business-to-business transactions.
11. Disputes between users
- If a Client is not satisfied that training was delivered as agreed, the Client may open a dispute within 3 calendar days of the Facilitator marking the Engagement complete. The Client must give reasons. While a dispute is open, held funds will not be released.
- TrainLink will notify the Facilitator and try to help the parties resolve the dispute. Both parties agree to engage in good faith and to provide information we reasonably request.
- If the parties cannot agree within 14 days, TrainLink may decide, acting reasonably on the information available, how held funds are released. For example, we may release them in full to the Facilitator, refund the Client, or split them where training was partly delivered. You authorise us to instruct the payment provider accordingly. Our decision about held funds does not stop either party from pursuing its legal rights against the other.
- Disputes between you and TrainLink are covered by clause 19.
12. Acceptable use
You must not:
- post false, misleading, discriminatory, defamatory, obscene or unlawful content;
- post Jobs that are not genuine, or use the Platform to recruit employees, or to advertise unrelated goods or services;
- harass, threaten or discriminate against any person on any ground prohibited by the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000;
- collect, scrape or misuse other Users' personal information, or contact Users for purposes unrelated to the Platform;
- interfere with the Platform's security or operation, introduce malware, or try to access accounts or data that are not yours;
- breach any law, including laws on data protection, anti-corruption and anti-money-laundering.
Please report suspicious or unprofessional behaviour to support@train-link.co.za.
13. Content and intellectual property
- The Platform, including its software, design, the TrainLink name and logo, is owned by TrainLink or its licensors. You may not copy, modify or use it except as these Terms allow.
- You keep ownership of the content you upload, such as profiles, photos, logos, Job descriptions and documents. You grant TrainLink a non-exclusive, royalty-free licence to host, display, reproduce and distribute that content for operating and promoting the Platform. For example, we may feature verified Facilitator profiles. This licence ends when you delete the content or close your Account, except for copies we must keep by law or for backups.
- You confirm you have the rights to the content you upload and that it does not infringe anyone else's rights.
14. Limitation of liability
- The Platform is provided "as is" and "as available". To the extent the law allows, we do not guarantee that it will be uninterrupted, error-free or free of harmful components.
- To the extent the law allows, TrainLink is not liable for:
- the acts, omissions, content, training or conduct of any User;
- any indirect, consequential or special loss, or any loss of profit, revenue, business or data;
- loss caused by events beyond our reasonable control, including load-shedding, network outages or failures of third-party payment providers.
- To the extent the law allows, our total liability to you for any claim arising from your use of the Platform is limited to the greater of (a) the Platform Fees you paid to TrainLink in the 12 months before the claim arose, or (b) R5,000.
- Nothing in these Terms excludes liability for gross negligence, fraud or anything that cannot lawfully be excluded, including under the Consumer Protection Act where it applies.
15. Indemnity
You indemnify TrainLink, its directors, employees and agents against any loss, damage, cost (including reasonable legal costs) or claim by a third party arising from: your breach of these Terms or of the law; content you upload; or, for Facilitators, training you deliver and, for Clients, your venue, delegates and instructions.
16. Suspension and termination
- You may close your Account at any time by emailing support@train-link.co.za. Engagements already agreed, and amounts owed, are not affected.
- We may suspend or close your Account, remove content, or withdraw verification if you breach these Terms, if we reasonably suspect fraud or misuse, or if the law requires us to. Where appropriate we will tell you the reason and give you an opportunity to respond.
- Clauses that by their nature should survive termination (including 4, 9, 11, 13, 14, 15 and 19) continue to apply.
17. Privacy
We process personal information in line with the Protection of Personal Information Act, 2013 (POPIA) and our Privacy Policy. When you receive another User's personal information through the Platform, such as a delegate list or contact details, you are responsible for processing it lawfully and only for the Engagement.
18. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page with a new effective date and, for material changes, notify you by email or on the Platform at least 14 days before they take effect. If you keep using the Platform after the changes take effect, you accept them. If you do not agree, you may close your Account.
19. General
- Governing law. These Terms are governed by the laws of the Republic of South Africa.
- Disputes with TrainLink. If you have a complaint, contact us first and we will try to resolve it within 20 business days. If it is not resolved, either party may refer the dispute to mediation, or to a South African court with jurisdiction. You consent to the jurisdiction of the Magistrate's Court, even if the amount claimed exceeds its usual monetary limit. This does not affect your right to approach a consumer ombud or the National Consumer Commission where the CPA applies.
- Electronic communications. You agree that we may communicate with you electronically, and that electronic notices and agreements satisfy any legal requirement for writing.
- Whole agreement. These Terms and the Privacy Policy are the whole agreement between you and TrainLink about the Platform. No failure or delay by us in enforcing a right is a waiver of it. If any provision is found invalid, the rest remain in force.
- Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer ours as part of a sale or restructuring of our business, on notice to you.
20. Contact and legal details
As required by section 43 of the Electronic Communications and Transactions Act, 2002:
- Operator
- TrainLink (Pty) Ltd
- Registration no.
- 2025/467687/07
- Directors
- Johan Botha
- Physical address
(for service of legal documents) - 128 Leslie Avenue, Design Quarter Building 2, Fourways, Johannesburg, 2191, South Africa
- Website
- train-link.co.za · train-link.com
- support@train-link.co.za