General Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our platform, including our website, mobile applications, and any other services provided by The Com-Mission (“Platform”). By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Platform.

2. Platform Description

The Com-Mission is an online platform that connects businesses seeking sales growth with motivated promoters eager to drive sales and earn commissions. The Platform allows businesses to create promotions for their products or services, which promoters can then promote to customers.

3. User Registration

Access to certain features of the Platform may require registration. By registering for an account, you agree to provide accurate and up-to-date information about yourself or your business and to maintain the security of your account credentials. You are responsible for all activities that occur under your account.

4. Platform Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform.

5. Content Ownership

All content, logos, trademarks, and other materials displayed on the Platform are the property of The Com-Mission or its licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Platform without prior written consent.

6. Purchasing and Transactions

The Com-Mission acts as an intermediary between businesses and customers for the sale of products and services. Purchases made through the Platform are subject to the terms and conditions set by the respective businesses. The Com-Mission utilizes WooCommerce for processing transactions. By making a purchase through the Platform, customers agree to WooCommerce’s Terms of Service and Privacy Policy.

7. Refunds and Returns

The Com-Mission is responsible for issuing refunds up to the value of the purchase in cases where customers request a refund due to dissatisfaction with the product or service. However, businesses are solely responsible for handling returns of products or services and any associated shipping, couriering, or delivery. If a refund is issued by The Com-Mission, the business will be invoiced the commission amount as our service in facilitating the sale has been fulfilled.

8. User Conduct

Users agree not to engage in any conduct that may disrupt or interfere with the operation of the Platform or infringe upon the rights of others. This includes, but is not limited to, transmitting any harmful or unlawful content, attempting to gain unauthorized access to the Platform, or engaging in any form of harassment or abuse.

9. Privacy Policy

The Com-Mission respects the privacy of its users and is committed to protecting their personal information. Our Privacy Policy outlines how we collect, use, and disclose user data in accordance with the Protection of Personal Information Act (POPIA) of South Africa. By using the Platform, users agree to the terms of our Privacy Policy.

10. Indemnification

Users agree to indemnify and hold harmless The Com-Mission and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, or liabilities arising out of their use of the Platform or violation of these Terms.

11. Limitation of Liability

The Com-Mission shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Platform, including but not limited to lost profits, loss of data, or business interruption.

12. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of South Africa. Any disputes shall be resolved through arbitration in Sandton, South Africa, in accordance with the rules of the South African Arbitration Association, and the decision of the arbitrator shall be final and binding.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between the user and The Com-Mission regarding the use of the Platform and supersede any prior agreements or understandings.

Privacy & Cookie Collection Policies

Last updated: 29th February 2024

The Com-Mission (“us”, “we”, or “our”) operates the website www.com-mission.com (the “Service”). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

1. Information We Collect

a. Information You Provide: When you register for an account, sign up as a business or promoter, or otherwise interact with the Platform, we may collect personal information such as your name, email address, contact information, and payment details.

b. Automatically Collected Information: We may automatically collect certain information about your use of the Platform, including your IP address, device type, browser type, and operating system. We may also use cookies and similar technologies to collect data about your interactions with the Platform.

2. Use of Information

We may use the information we collect for the following purposes:

a. To provide and improve the Platform, including customizing your experience and providing customer support. b. To communicate with you about your account, promotions, and other relevant information. c. To analyze usage trends and preferences and to conduct research and analysis to improve our services. d. To comply with legal obligations and enforce our Terms of Service.

3. Disclosure of Information

We may share your personal information with third parties in the following circumstances:

a. With Businesses: We may share your information with businesses for the purpose of facilitating transactions and promotions. b. With Service Providers: We may share your information with third-party service providers who assist us in operating the Platform and providing services. c. With Legal Authorities: We may disclose your information to comply with legal obligations or respond to lawful requests from governmental authorities.

4. Data Security

We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5. Your Choices

You may choose not to provide certain personal information, but this may limit your ability to use certain features of the Platform. You may also opt out of receiving promotional communications from us by following the instructions provided in such communications.

6. Cookie Policy

a. What are Cookies: Cookies are small files stored on your device that track and store information about your activities on the Platform. b. Types of Cookies: We use both session and persistent cookies to enhance your experience on the Platform. Session cookies are deleted when you close your browser, while persistent cookies remain on your device for a specified period. c. Cookie Collection: We may use cookies to collect data about your interactions with the Platform, including pages visited, links clicked, and other actions taken. d. Cookie Control: You may adjust your browser settings to refuse cookies or to alert you when cookies are being sent. However, please note that blocking cookies may affect your ability to access certain features of the Platform.

7. Children’s Privacy

The Platform is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under the age of 18 without parental consent. If you believe that we have collected personal information from a child under the age of 18, please contact us immediately.

8. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. We will notify you of any material changes to this Privacy Policy by posting the updated policy on the Platform.

Copyrights & Intellectual property

This Copyrights and Intellectual Property Policy (“Policy”) outlines the rights and responsibilities of users (“you” or “your”) in relation to copyrights and intellectual property when using The Com-Mission platform (“Platform”). By accessing or using the Platform, you agree to abide by this Policy.

1. Ownership of Content

a. User Content: You retain ownership of any content you submit, post, or otherwise make available on the Platform (“User Content”). By uploading User Content, you grant The Com-Mission a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Platform and The Com-Mission’s business operations.

b. Platform Content: All content, logos, trademarks, and other materials displayed on the Platform are the property of The Com-Mission or its licensors and are protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from the Platform without prior written consent from The Com-Mission.

2. Use of Content

a. Permitted Use: You may use content from the Platform for personal, non-commercial purposes only, provided that you do not modify or alter the content and you retain all copyright and proprietary notices.

b. Prohibited Use: You may not use, reproduce, or distribute content from the Platform for commercial purposes without prior written consent from The Com-Mission. You may not remove or alter any copyright, trademark, or other proprietary rights notices from the content.

By registering a business account with Com-Mission, the undersigned acknowledges and agrees to the following terms and conditions. This consent form is a binding legal agreement between Com-Mission and the registering entity (hereinafter referred to as “the Business”).

1. Authorization and Representation The individual completing this registration (hereinafter referred to as “the Registrant”) expressly affirms that they are a duly authorized representative of the Business. The Registrant warrants and guarantees that they have the full legal right, authority, and permission to act on behalf of the Business in all matters relating to the registration, promotion, sale, and account management on the Com-Mission platform.

2. Legal Accountability By checking the consent box, the Registrant assumes full legal responsibility for the accuracy of the information provided and the authority to bind the Business to the terms and conditions of Com-Mission. Any misrepresentation or unauthorized registration will be subject to legal action, and the Registrant may be held personally liable for any resulting damages or disputes.

3. Verification of Authority Com-Mission reserves the right to verify the authority of the Registrant at any time. This may include requesting additional documentation or contacting the Business directly. Failure to provide adequate proof of authorization upon request will result in immediate suspension or termination of the Business account without prior notice.

4. Indemnification The Registrant and the Business agree to indemnify, defend, and hold harmless Com-Mission, its affiliates, officers, agents, and employees from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with any breach of this policy or unauthorized actions taken by the Registrant.

5. Compliance with Laws The Registrant and the Business agree to comply with all applicable laws and regulations in relation to the registration and use of the Com-Mission platform. This includes, but is not limited to, laws pertaining to data protection, intellectual property, and commercial practices.

6. Acknowledgment and Consent By checking the consent box, the Registrant acknowledges that they have read, understood, and agree to be bound by the terms of this Authorization and Consent Policy. The Registrant further affirms that the information provided is true, accurate, and complete to the best of their knowledge and belief.

3. Copyright Infringement

a. Reporting Infringement: If you believe that your copyright or intellectual property rights have been infringed upon on the Platform, please contact us at copyright@com-mission.com with the following information:

• Identification of the copyrighted work or intellectual property allegedly infringed.
• Identification of the infringing material and its location on the Platform.
• Your contact information, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

b. Removal of Infringing Material: Upon receipt of a valid infringement notice, The Com-Mission will promptly remove or disable access to the infringing material and take appropriate action against the infringing user, as required by law.

4. Counter-Notice

a. Submission of Counter-Notice: If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notice to The Com-Mission at copyright@com-mission.com containing the following information:

• Identification of the material that has been removed or disabled and its location on the Platform.
• Your contact information, including name, address, telephone number, and email address.
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement that you consent to the jurisdiction of the courts in the jurisdiction where you reside and that you will accept service of process from the person who provided the original infringement notice.

Terms for Businesses

These Terms and Conditions (“Terms”) govern the use of The Com-Mission platform (“Platform”) and associated services by businesses (“you” or “your”). By signing up for an account and using the Platform, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Account Registration

a. Account Creation: To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate and up-to-date information about your business and to maintain the security of your account credentials.

b. Account Responsibility: You are responsible for all activities that occur under your account, including the actions of any individuals authorized to access or use the account on your behalf.

2. Promotion Creation

a. Promotion Setup: As a business user, you have the ability to create promotions for your products or services on the Platform. You agree to provide accurate and truthful information about the promotion, including any discounts or commissions offered to promoters.

b. Promotion Terms: You are solely responsible for setting the terms and conditions of your promotions, including any eligibility criteria, expiration dates, and redemption requirements.

3. Commission Payment

a. Commission Structure: You agree to designate a commission percentage for promoters who drive sales through your promotions. The commission percentage must be clearly communicated to promoters and cannot be changed retroactively.

b. Payment Obligations: You agree to pay the designated commission to promoters for each qualifying sale generated through the Platform. The Com-Mission will facilitate the payment process and deduct its service fee, as outlined in our Fee Structure.

4. Content and Intellectual Property

a. Ownership: You retain ownership of any content you upload or provide to the Platform, including promotion materials and product information.

b. License: By uploading content to the Platform, you grant The Com-Mission a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Platform.

5. Compliance with Laws

a. Legal Compliance: You agree to comply with all applicable laws and regulations when using the Platform, including but not limited to consumer protection laws, privacy laws, and intellectual property laws.

b. Indemnification: You agree to indemnify and hold harmless The Com-Mission and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, or liabilities arising out of your use of the Platform or violation of these Terms.

6. Termination

a. Termination Rights: The Com-Mission reserves the right to terminate or suspend your account and access to the Platform at any time and for any reason, without prior notice or liability.

b. Effect of Termination: Upon termination of your account, you will no longer have access to the Platform, and any promotions or content associated with your account may be removed from the Platform.

7. Business Responsibility for Returns

a. Return Handling: Businesses are responsible for handling returns requested by customers in accordance with their own return policies and applicable laws. This includes processing return requests, issuing refunds or replacements, and communicating with customers regarding the status of their returns.

b. Commission Fee Invoicing: In the event that a customer requests a return for a product or service facilitated by The Com-Mission platform, and a refund is issued to the customer, the business will be invoiced the commission fee as per the agreed-upon terms. This fee represents The Com-Mission’s successful service fulfillment in facilitating the sale and does not include any additional charges related to return processing or customer service.

8. Modifications to Terms

The Com-Mission reserves the right to modify or update these Terms at any time without prior notice. Changes to the Terms will be effective upon posting on the Platform. It is your responsibility to review the Terms periodically for any updates.

Terms for Promoters

These Terms and Conditions (“Terms”) govern the use of The Com-Mission platform (“Platform”) and associated services by promoters (“you” or “your”). By signing up for an account and using the Platform, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Account Registration

a. Account Creation: To access certain features of the Platform, you may be required to register for an account as a promoter. You agree to provide accurate and up-to-date information about yourself and to maintain the security of your account credentials.

b. Account Responsibility: You are responsible for all activities that occur under your account, including the promotion of products or services and the use of any promotional materials provided by businesses.

Third-Party Promoter Authorization and Integrity Policy

By registering as a promoter with Com-Mission, the undersigned acknowledges and agrees to the following terms and conditions. This consent form is a binding legal agreement between Com-Mission and the registering promoter (hereinafter referred to as “the Promoter”).

1. Third-Party Representation The Promoter expressly acknowledges that by signing up on the Com-Mission platform, they are entering into a role as a third-party subsidiary representative of the businesses, brands, and products they choose to sell and promote (hereinafter collectively referred to as “the Brands”).

2. Acknowledgment of Role The Promoter acknowledges that they do not have any direct ownership or proprietary interest in the Brands they represent. Instead, their role is to act as a representative in a third-party capacity, with responsibilities defined by the agreements between Com-Mission, the Brands, and the Promoter.

3. Commitment to Brand Integrity The Promoter agrees to conduct themselves in a manner that upholds and enhances the integrity, reputation, and values of the Brands they represent. This includes, but is not limited to, adhering to the marketing guidelines, promotional strategies, and ethical standards set forth by each Brand.

4. Legal Accountability By checking the consent box, the Promoter assumes full legal responsibility for their actions as a representative of the Brands. Any misrepresentation, unethical conduct, or violation of the terms of this policy will result in immediate termination of the Promoter’s account and may subject the Promoter to legal action.

5. Verification of Conduct Com-Mission reserves the right to monitor and verify the Promoter’s activities to ensure compliance with this policy. This may include reviewing promotional materials, monitoring communications, and requesting additional documentation. Non-compliance will result in disciplinary actions, including suspension or termination of the Promoter’s account.

6. Indemnification The Promoter agrees to indemnify, defend, and hold harmless Com-Mission, the Brands, their affiliates, officers, agents, and employees from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with any breach of this policy or unauthorized actions taken by the Promoter.

7. Compliance with Laws The Promoter agrees to comply with all applicable laws and regulations in relation to their promotional activities on the Com-Mission platform. This includes, but is not limited to, laws pertaining to advertising standards, consumer protection, and intellectual property rights.

8. Acknowledgment and Consent By checking the consent box, the Promoter acknowledges that they have read, understood, and agree to be bound by the terms of this Third-Party Promoter Authorization and Integrity Policy. The Promoter further affirms that the information provided is true, accurate, and complete to the best of their knowledge and belief.

2. Promotion Participation

a. Promotion Eligibility: By participating in promotions on the Platform, you agree to abide by the terms and conditions set by the respective businesses, including any eligibility criteria, discount codes, and commission structures.

b. Promotion Accuracy: You agree to accurately represent the promotions and products or services offered by businesses and to refrain from making false or misleading statements in your promotional activities.

3. Commission Payment

a. Commission Earnings: You may earn commissions for driving sales through promotions on the Platform. Commission percentages are determined by businesses and are communicated to you prior to promotion participation.

b. Payment Processing: The Com-Mission will facilitate the payment of commissions earned through the Platform. Payment schedules and methods will be communicated to you upon commission approval by businesses.

4. Content and Intellectual Property

a. Use of Materials: You may use promotional materials provided by businesses solely for the purpose of promoting their products or services on the Platform.

b. Ownership: All content and intellectual property rights associated with the Platform and promotional materials belong to The Com-Mission or its licensors. You may not use, reproduce, or distribute any content from the Platform without prior written consent.

5. Compliance with Laws

a. Legal Compliance: You agree to comply with all applicable laws and regulations when using the Platform, including but not limited to consumer protection laws, privacy laws, and intellectual property laws.

b. Indemnification: You agree to indemnify and hold harmless The Com-Mission and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, or liabilities arising out of your use of the Platform or violation of these Terms.

6. Termination

a. Termination Rights: The Com-Mission reserves the right to terminate or suspend your account and access to the Platform at any time and for any reason, without prior notice or liability.

b. Effect of Termination: Upon termination of your account, you will no longer have access to the Platform, and any commissions or promotional materials associated with your account may be forfeited.

7. Modifications to Terms

The Com-Mission reserves the right to modify or update these Terms at any time without prior notice. Changes to the Terms will be effective upon posting on the Platform. It is your responsibility to review the Terms periodically for any updates.

Terms for Customers

These Terms and Conditions (“Terms”) govern the use of The Com-Mission platform (“Platform”) and associated services by customers (“you” or “your”). By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Use of Platform

a. Platform Access: You may use the Platform to browse promotions, purchase products or services, and interact with businesses and promoters.

b. Account Creation: Account registration is not required to browse promotions; however, certain features may be restricted to registered users. By creating an account, you agree to provide accurate and up-to-date information and to maintain the security of your account credentials.

2. Purchasing and Transactions

a. Product Information: The Platform provides information about products or services offered by businesses, including pricing, descriptions, and terms of sale.

b. Transaction Process: By making a purchase through the Platform, you agree to complete the transaction as specified by the business, including providing accurate payment and shipping information.

3. Promotions and Discounts

a. Promotion Redemption: Some promotions may require the use of a discount code or referral link to receive the advertised discount. By redeeming a promotion, you agree to abide by the terms and conditions set by the respective business.

b. Commission Structure: Some promotions may include a commission structure for promoters who drive sales through the Platform. By participating in promotions, you acknowledge and accept the commission structure as communicated by the business.

4. Content and Intellectual Property

a. Content Usage: You may access and view content on the Platform for personal, non-commercial use only. You may not use, reproduce, or distribute any content from the Platform without prior written consent.

b. Ownership: All content and intellectual property rights associated with the Platform belong to The Com-Mission or its licensors. You may not use, reproduce, or distribute any content from the Platform without prior written consent.

5. Compliance with Laws

a. Legal Compliance: You agree to comply with all applicable laws and regulations when using the Platform, including but not limited to consumer protection laws, privacy laws, and intellectual property laws.

b. Indemnification: You agree to indemnify and hold harmless The Com-Mission and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, or liabilities arising out of your use of the Platform or violation of these Terms.

6. Limitation of Liability

You acknowledge and agree that The Com-Mission is not liable for any false representation, description, or price of products shown on the Platform. It is the sole responsibility of the business to provide accurate information about their products or services. Any disputes regarding the accuracy or completeness of such information shall be resolved directly between you and the respective business.

7. Modifications to Terms

The Com-Mission reserves the right to modify or update these Terms at any time without prior notice. Changes to the Terms will be effective upon posting on the Platform. It is your responsibility to review the Terms periodically for any updates.

Refunds & Returns

This Refund and Returns Policy (“Policy”) outlines the procedures and terms regarding refunds and returns for products or services purchased through The Com-Mission platform (“Platform”). By making a purchase through the Platform, you agree to abide by this Policy and acknowledge that you are purchasing a product from a third party brand (“Business”). Please read it carefully before proceeding with your purchase.

1. Refund Eligibility

a. Product Condition: To be eligible for a refund, the product must be returned to the Business in its original condition, unopened, and unused, unless the product is defective or damaged upon receipt.

b. Return Period: You may request a refund within 30 days from the date of purchase, OR as specified by the Business’s refund policy.

2. Return Process

a. Contact the Business: To initiate a return, please contact the Business from which you purchased the product or service. You may find contact information on the Platform or on the Business’s website.

b. Return Authorization: The business will provide you with instructions on how to return the product, including any required forms or documentation. Returns made without prior authorization may not be accepted. When we (the Platform) receive written consent and confirmation from the Business to approve the refund, the cash refund will be initiated.

3. Refund Processing

a. Refund Method: Refunds will be issued in the original form of payment used for the purchase, unless otherwise specified by the Business.

b. Timing of Refund: Refunds will be processed within 30 days upon receipt and inspection of the returned product by the Business.

4. Defective or Damaged Products

a. Product Inspection: If the product is defective or damaged upon receipt, please contact the Business immediately to arrange for a replacement or refund.

b. Return Shipping: The Business may provide a prepaid shipping label for returning defective or damaged products. If not, you may be responsible for return shipping costs.

5. Non-Returnable Items

Certain products or services may not be eligible for return or refund, including but not limited to:

• Digital products or services
• Customized or personalized items
• Perishable goods

6. Business Responsibility

a. Accurate Information: Businesses are responsible for providing accurate information about their products or services, including descriptions, pricing, and refund policies.

b. Resolution of Disputes: Any disputes regarding refunds or returns shall be resolved directly between you and the respective Business. The Com-Mission shall not be held liable for any disputes arising from transactions conducted through the Platform.

Account Creation, Deletion & Management

This section outlines the procedures and terms regarding account creation, deletion, and management on The Com-Mission platform (“Platform”). By creating an account, you agree to abide by these terms. Please read them carefully before proceeding.

1. Account Creation

a. Registration: To create an account on the Platform, you must provide accurate and up-to-date information as prompted by the registration form. You agree to maintain the confidentiality of your account credentials and to notify us immediately of any unauthorized use of your account.

b. Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account on the Platform. By creating an account, you represent and warrant that you meet these eligibility requirements.

2. Account Deletion

a. Data Removal: Upon account deletion, your personal information and account data will be permanently removed from our systems, except as required for legal or regulatory compliance purposes.

3. Account Management

a. Profile Updates: You are responsible for keeping your account information accurate and up-to-date. You may update your profile information and preferences through your account settings.

b. Security Measures: You are responsible for maintaining the security of your account and for any activities that occur under your account credentials. We recommend using strong, unique passwords and enabling two-factor authentication for added security.

4. Account Suspension or Termination

a. Platform Rights: We reserve the right to suspend, terminate, or block access to any account at our discretion and without prior notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or any other policies or guidelines posted on the Platform
• Suspected fraudulent or unlawful activity
• Non-compliance with applicable laws or regulations
• Inappropriate conduct or behavior
• Any other reason deemed necessary to protect the integrity and security of the Platform

b. Effect of Suspension or Termination: In the event of account suspension or termination, you may lose access to your account and any associated data or content. We are not liable for any loss or damages resulting from account suspension or termination.

Policy for Online Courses and Sales Training Services

Additional & Contact Information

All of tthe above policies effective date: 01 March 2024

Any legal queries please contact: legal@com-mission.com

Offices and location: Pineslopes, Fourways, Sandton, Johannesburg, Gauteng, South Africa