Terms and Conditions
Legal Identity and Statutory Disclosures
1. Legal Entity Details
These Terms and Conditions are entered into with:
Legal Name: TENDER BLENDER (PTY) LTD
Registration Number: 2025/822373/07
Legal Status: Private Company (Incorporated)
Trading Name: Tender Blender
Tender Blender (Pty) Ltd is a duly incorporated private company in accordance with the laws of the Republic of South Africa and conducts business under the trading name “Tender Blender”.
2. Statutory Disclosure (Electronic Communications and Transactions Act)
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the following information is disclosed to all users, clients, students, and visitors:
- Supplier Name: Tender Blender (Pty) Ltd
- Legal Status: Private Company (Incorporated)
- Registration Number: 2025/822373/07
- Trading Name: Tender Blender
- Email Address: help@tenderblender.co.za
- Telephone Number: 082 523 3839
- Physical Address for Service of Legal Documents:
42 Quaggas Rust
7 Spesery Avenue
Quaggafontein
Bloemfontein
Free State
Republic of South Africa
This information is provided to ensure transparency, legal certainty, and compliance with South African electronic commerce legislation.
3. Service of Legal Notices
To the fullest extent permitted by law:
- Service of all legal notices, communications, and documents on Tender Blender (Pty) Ltd may validly be effected by email sent to help@tenderblender.co.za.
- Any notice sent by email shall be deemed received on the date of successful transmission, unless the sender receives a delivery failure notification.
- Tender Blender reserves the right, but is not obliged, to accept physical service at the address listed above unless required by law.
By accessing or using this website and its services, users expressly consent to electronic communication and electronic service of legal notices.
4. Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
All disputes, claims, or proceedings arising out of or in connection with these Terms, the use of the website, or any services provided by Tender Blender shall be subject to the exclusive jurisdiction of the High Court of South Africa, Free State Division, Bloemfontein, unless Tender Blender elects to institute proceedings in another court of competent jurisdiction.
5. Trading Name Clarification
Any reference to “Tender Blender” in these Terms includes Tender Blender (Pty) Ltd, its website, platforms, courses, digital content, training materials, and related services, unless the context clearly indicates otherwise.
No rights, obligations, representations, or authority shall arise from any name or designation other than those expressly stated in these Terms.
6. Scope of Services and Educational Nature
6.1 Nature of Services Provided
Tender Blender provides a combination of accredited and non-accredited educational and business-support services, including but not limited to:
- Online courses and training programmes
- Accredited courses offered through recognised accreditation bodies or partners, where expressly stated
- Non-accredited courses, workshops, and training programmes
- Downloadable digital documents, templates, and learning resources
- Educational content relating to tenders, procurement, B-BBEE, compliance, and business operations
- Consulting, mentoring, and business support services
- Tender alerts, notifications, and informational updates
All services are provided for educational, informational, and business-support purposes only.
6.2 Accredited vs Non-Accredited Courses
Where a course or programme is described as accredited, such accreditation will be expressly stated on the relevant course page or in the applicable course materials, together with the relevant accreditation body or framework.
Where a course, workshop, programme, or training offering is not expressly stated to be accredited, it shall be deemed non-accredited.
Non-accredited courses:
- Do not constitute formal qualifications
- Do not result in statutory or regulatory recognition
- Do not confer professional designations, licences, or legal authority
Completion of any course, whether accredited or non-accredited, does not guarantee employment, tender awards, supplier registration, funding, B-BBEE points, or business success.
6.3 No Professional Advice
Tender Blender does not provide legal, financial, tax, accounting, procurement, regulatory, or compliance advice.
All content, courses, templates, and guidance provided:
- Are general in nature
- Are not tailored to individual circumstances
- Should not be relied upon as a substitute for professional advice
Users are solely responsible for:
- Verifying the accuracy and applicability of information to their own circumstances
- Obtaining independent professional advice where required
Tender Blender expressly disclaims any liability arising from reliance on its content without appropriate professional consultation.
6.4 No Guarantee of Outcomes
Tender Blender does not guarantee:
- Tender success or award outcomes
- Acceptance into supplier databases
- B-BBEE levels, scores, or points
- Regulatory approval or compliance outcomes
- Financial results, revenue growth, or profitability
- Business sustainability or market success
All outcomes depend on factors beyond Tender Blender’s control, including user actions, third-party decisions, regulatory requirements, market conditions, and compliance accuracy.
6.5 User Responsibility and Application of Content
Users acknowledge and agree that:
- They apply all training, information, and materials at their own risk
- They are responsible for ensuring compliance with all applicable laws, regulations, and industry standards
- Tender Blender is not responsible for errors, omissions, misinterpretation, or incorrect application of content
The use of Tender Blender’s services does not create any duty of care beyond the delivery of educational content.
6.6 No Reliance or Advisory Relationship
Nothing in these Terms or in the provision of services creates:
- A professional advisory relationship
- A fiduciary relationship
- An agency, partnership, or joint venture
- An employer-employee relationship
Users expressly agree that they do not rely on Tender Blender as a professional advisor and waive any claims based on alleged reliance.
7. User Eligibility, Legal Capacity and Acceptance of Terms
7.1 Legal Capacity to Contract
By accessing, registering for, purchasing, or using any services, courses, content, or materials provided by Tender Blender, you represent and warrant that:
- You are at least 18 years of age, or
- You have the legal capacity to enter into a binding contract under South African law, and
- You are legally authorised to bind any entity, business, or organisation on whose behalf you are acting.
If you do not meet these requirements, you may not access or use the services.
7.2 Acceptance of Terms
These Terms and Conditions constitute a legally binding agreement between you and Tender Blender (Pty) Ltd.
You are deemed to have accepted these Terms when you:
- Access or browse the website
- Register an account
- Purchase or enrol in a course or programme
- Download any digital material or template
- Access assessments, tests, or learning content
- Use any consulting, mentoring, or support services
If you do not agree to these Terms, you must immediately discontinue use of the website and all services.
7.3 Electronic Contract Formation
These Terms are concluded electronically in accordance with the Electronic Communications and Transactions Act 25 of 2002.
You acknowledge and agree that:
- Electronic acceptance constitutes valid and enforceable consent
- No physical signature is required for these Terms to be binding
- Records of electronic acceptance, access logs, system data, and platform records may be used as evidence of agreement
7.4 Incorporation of Other Policies
These Terms incorporate the following policies by reference, which form part of this agreement:
- Refund Policy
- Privacy Policy
- Copyright and Intellectual Property Policy
- Licensed Provider Policy (where applicable)
By accepting these Terms, you also agree to comply with all incorporated policies, as updated from time to time.
7.5 Updates to Terms and Ongoing Acceptance
Tender Blender reserves the right to amend, update, or modify these Terms at any time.
- Updated Terms will be published on the website
- Continued use of the website or services after publication constitutes acceptance of the revised Terms
- It is your responsibility to review the Terms periodically
If you do not agree to updated Terms, you must cease using the services.
7.6 Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, such provision shall be severed to the extent necessary, and the remaining provisions shall continue in full force and effect.
7.7 Survival of Obligations
All provisions which by their nature are intended to survive termination shall survive, including but not limited to:
- Intellectual property restrictions
- Disclaimers and limitation of liability
- Jurisdiction and governing law
- Payment and refund obligations
8. Intellectual Property and Copyright Protection
8.1 Ownership of Content
All content made available by Tender Blender, whether on the website, learning platform, or through any service, is the exclusive intellectual property of Tender Blender (Pty) Ltd, unless expressly stated otherwise in writing.
This includes, without limitation:
- Course content (accredited and non-accredited)
- Training materials, lesson notes, videos, audio recordings, slide decks, and presentations
- Templates, forms, checklists, worksheets, and guides
- Assessments, quizzes, tests, questions, answers, scoring logic, and evaluation methodologies
- Written content, articles, explanations, examples, and instructional materials
- Website content, graphics, branding, layout, and design elements
- Digital downloads, toolkits, and resource packs
All such content is protected under the Copyright Act 98 of 1978 and other applicable intellectual property laws of the Republic of South Africa.
8.2 Limited Licence for Personal Use
Tender Blender grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use its content solely for your own personal or internal business use, strictly in accordance with these Terms.
This licence does not transfer ownership of any intellectual property rights and may be revoked immediately upon breach of these Terms.
8.3 Prohibited Uses
Unless expressly authorised in writing by Tender Blender, you may not:
- Copy, reproduce, duplicate, or replicate any content
- Share, distribute, upload, publish, or transmit content to any third party
- Sell, resell, license, sublicense, or commercially exploit any content
- Modify, adapt, translate, or create derivative works from the content
- Use the content to create competing products, courses, training programmes, or services
- Use the content in public workshops, seminars, webinars, classes, or presentations
- Issue certificates, training, or assessments under the Tender Blender name
- Store, extract, analyse, or reverse-engineer assessment questions, answers, or scoring systems
- Share login credentials or grant access to unauthorised users
Any unauthorised use constitutes a material breach of these Terms.
8.4 Artificial Intelligence (AI) Training and Automation Prohibition
You may not use any Tender Blender content, in whole or in part, to:
- Train, fine-tune, prompt-engineer, or improve any artificial intelligence system
- Feed content into machine-learning models, language models, or automation tools
- Use content as datasets, examples, prompts, or training material for AI applications
This prohibition applies regardless of whether the AI system is commercial, private, open-source, experimental, or internal.
8.5 Assessments, Tests, and Academic Content Protection
All assessments, tests, quizzes, and evaluation materials are strictly confidential.
You may not:
- Copy, record, screenshot, or reproduce assessment questions or answers
- Share assessments, scoring criteria, or results with others
- Store assessment content in any physical or digital format
- Attempt to bypass assessment controls or extract test logic
Tender Blender reserves the right to invalidate results, suspend access, or terminate accounts where assessment integrity is compromised.
8.6 Enforcement and Remedies
Tender Blender reserves the right to:
- Suspend or terminate access without refund
- Revoke licences granted under these Terms
- Claim damages, including direct, indirect, consequential, and reputational harm
- Recover legal costs and enforcement expenses on an attorney-and-client scale, where permitted by law
- Pursue civil and/or criminal remedies under applicable law
Unauthorised use of Tender Blender content may result in enforcement action under the Copyright Act, Electronic Communications and Transactions Act, and South African common law.
8.7 No Waiver of Rights
Failure by Tender Blender to enforce any intellectual property right at any time shall not be deemed a waiver of such right.
All rights not expressly granted are strictly reserved.
9. Trademark and Brand Protection
9.1 Trademark Ownership
The name “Tender Blender”, together with all associated logos, branding elements, course names, programme names, slogans, taglines, and related identifiers, are trademarks and/or protected brand assets of Tender Blender (Pty) Ltd, whether registered or unregistered.
Nothing in these Terms grants you any right, licence, or interest in Tender Blender’s trademarks, branding, or goodwill, except where expressly authorised in writing by Tender Blender.
9.2 Permitted Brand Use
You may refer to Tender Blender only in a factual, accurate, and non-misleading manner, provided that such reference:
- Does not suggest endorsement, partnership, affiliation, or sponsorship
- Does not imply accreditation, licensing, or authorisation
- Does not misrepresent your relationship with Tender Blender
Any permitted reference must not damage, dilute, tarnish, or otherwise adversely affect the Tender Blender brand or reputation.
9.3 Prohibited Brand Use and Passing-Off
Without prior written authorisation from Tender Blender, you may not:
- Use the Tender Blender name, logo, or branding in business names, domain names, social media handles, advertisements, or marketing materials
- Impersonate Tender Blender or present yourself as an official representative, trainer, consultant, or partner
- Offer training, courses, workshops, or services under the Tender Blender name
- Create confusion or a likelihood of confusion regarding affiliation, endorsement, licensing, or accreditation
- Engage in passing-off or any conduct likely to mislead or deceive the public
Any unauthorised brand use constitutes a material breach of these Terms and may give rise to immediate legal action.
9.4 Social Media and Online Representation
You may not create, operate, administer, or manage any social media pages, groups, profiles, advertisements, or online content that:
- Use or incorporate the Tender Blender name, logo, or branding
- Suggest an official, authorised, or endorsed relationship
- Replicate, imitate, or closely resemble Tender Blender’s content, branding, or messaging
Tender Blender reserves the right to report unauthorised brand use to platform providers and to seek removal, suspension, or takedown without notice.
9.5 Anti-Impersonation and Misrepresentation
Any attempt to misrepresent yourself as Tender Blender, or to falsely claim association, licensing, accreditation, endorsement, or authorisation, is strictly prohibited.
Tender Blender may take immediate action, including:
- Account suspension or termination
- Public clarification or corrective statements
- Legal enforcement proceedings
to protect its brand, reputation, and goodwill.
9.6 Enforcement and Remedies
Tender Blender reserves the right to:
- Demand immediate cessation of unauthorised brand use
- Require the removal or destruction of infringing materials
- Suspend or terminate access without refund
- Pursue claims for damages, including reputational and consequential harm
- Recover legal costs and enforcement expenses on an attorney-and-client scale, where permitted by law
Brand misuse may be enforced under trademark law, the law of passing-off, and applicable statutory and common-law provisions.
9.7 Reservation of Rights
All trademark and brand rights, whether registered or unregistered, are expressly reserved.
No failure or delay by Tender Blender to enforce any right shall constitute a waiver of that right.
10. Licensed Provider and Training Restrictions
10.1 Licensed Provider Status
Only Tender Blender (Pty) Ltd may offer, present, teach, facilitate, or deliver training, courses, workshops, assessments, or educational services under the Tender Blender name, brand, or materials, unless a person or entity has been formally appointed in writing as a Licensed Provider.
Licensed Provider status:
- Is granted solely by Tender Blender
- Must be confirmed by a separate written licence agreement
- Is subject to specific terms, conditions, limitations, monitoring, and revocation rights
No implied, verbal, informal, or assumed licence shall be recognised.
10.2 Prohibition on Unauthorised Training and Teaching
Unless expressly authorised in writing by Tender Blender, you may not:
- Present Tender Blender content in public or private workshops
- Use Tender Blender materials in training sessions, seminars, webinars, or classes
- Offer courses, coaching, mentoring, or instruction derived from Tender Blender content
- Train third parties using Tender Blender methodologies, templates, or materials
- Issue certificates, statements of completion, or proof of training under the Tender Blender name
This prohibition applies regardless of whether training is free or paid, and whether conducted online, hybrid, or in person.
10.3 No Right to Sub-License or Delegate
You may not:
- Sub-license Tender Blender content or materials
- Delegate training or facilitation rights to any third party
- Appoint facilitators, trainers, or instructors using Tender Blender content
Any attempt to do so constitutes unauthorised use and a material breach of these Terms.
10.4 Revocation of Licence and Access
Tender Blender reserves the right, in its sole and absolute discretion, to:
- Revoke Licensed Provider status
- Suspend or terminate access to content, platforms, or systems
- Withdraw permission to use Tender Blender materials or branding
Revocation may occur with immediate effect and without notice where, in Tender Blender’s reasonable opinion:
- There is misuse or unauthorised distribution of content or branding
- There is reputational, legal, or commercial risk to Tender Blender
- There is non-compliance with licence terms or these Terms
Revocation shall not entitle the affected party to any refund, compensation, or damages.
10.5 Penalties and Enforcement
Unauthorised training, teaching, facilitation, or representation using Tender Blender content may result in:
- Immediate termination of access
- Cancellation of licences or permissions
- Legal action for damages, including loss of goodwill and reputational harm
- Recovery of legal and enforcement costs on an attorney-and-client scale, where permitted by law
Tender Blender reserves the right to pursue remedies under copyright law, contract law, and the law of passing-off.
10.6 No Employment or Agency Relationship
Licensed Provider status, where granted, does not create:
- An employment relationship
- A partnership or joint venture
- An agency, representative, or fiduciary relationship
Licensed Providers act as independent contractors only, subject exclusively to the terms of their written licence agreement.
10.7 Reservation of Rights
All rights relating to the licensing, training, teaching, facilitation, and presentation of Tender Blender content are expressly reserved.
Any rights not expressly granted in writing are deemed withheld.
11. User Conduct, Assessments and Academic Integrity
11.1 User Conduct Standards
All users agree to use the Tender Blender website, learning platform, courses, and services lawfully, ethically, and in good faith.
You may not:
- Engage in abusive, threatening, harassing, discriminatory, or defamatory conduct
- Submit false, misleading, or fraudulent information
- Interfere with platform functionality, security, or access controls
- Attempt to bypass system safeguards, assessments, or access restrictions
- Use the platform for unlawful, deceptive, or harmful purposes
Tender Blender reserves the right to take immediate action where user conduct compromises platform integrity, safety, compliance, or the rights of others.
11.2 Assessment Participation and Integrity
Where courses include assessments, tests, quizzes, or evaluations, users agree that:
- All assessments must be completed independently
- No external assistance, collaboration, or unauthorised materials may be used
- Assessment rules, instructions, and time limits must be strictly followed
Any attempt to manipulate, compromise, or undermine assessment integrity constitutes a material breach of these Terms.
11.3 Prohibited Assessment Conduct
You may not:
- Copy, photograph, record, screenshot, or reproduce assessment questions or answers
- Share assessment content, scoring criteria, or results with third parties
- Store, distribute, or publish assessment materials in any format
- Attempt to extract or infer scoring logic, answer keys, or system rules
- Retake assessments using multiple accounts, identities, or devices
- Use automation, artificial intelligence tools, scripts, bots, or third-party assistance to complete assessments
11.4 Finality of Results and No Right to Remark
Unless expressly stated otherwise:
- All assessment results and scores are final
- Tender Blender is under no obligation to provide remarks, reviews, explanations, or justifications
- There is no automatic right to retake assessments
Any discretionary allowance for retakes, feedback, or review does not create a precedent, entitlement, or ongoing right.
11.5 No Certification or Professional Recognition
Unless expressly stated on the relevant course page or materials:
- Completion of a course does not result in a formal qualification
- No professional designation, licence, or statutory recognition is granted
- No entitlement to certification, accreditation, or regulatory recognition is created
Users remain solely responsible for determining whether a course meets their personal, professional, or regulatory requirements.
11.6 Consequences of Misconduct
Tender Blender reserves the right, without refund or compensation, to:
- Suspend or terminate user accounts
- Invalidate assessment results
- Revoke access to courses, services, or platforms
- Block future access to the website or learning systems
Where appropriate, Tender Blender may also pursue legal remedies or report misconduct to relevant authorities.
11.7 Record Keeping and Evidence
Users acknowledge and agree that:
- System logs, access records, assessment data, device identifiers, and usage analytics may be retained
- Such records may be used as conclusive evidence, to the extent permitted by law, in disputes, enforcement actions, audits, or legal proceedings
11.8 No Waiver
Failure by Tender Blender to enforce any provision relating to user conduct or assessments shall not constitute a waiver of its rights.
12. Refund Policy
12.1 General Refund Position
Tender Blender (Pty) Ltd provides access to digital content, online courses (accredited and non-accredited), assessments, downloads, and consulting or support services.
Due to the digital and immediate-access nature of these services, refunds are strictly limited and governed exclusively by the conditions set out below.
By enrolling in a course, purchasing a digital product, or accessing any service, you acknowledge and agree to this Refund Policy in full.
12.2 Refunds Permitted Only Where All Conditions Are Met
A refund will be considered only if all of the following conditions are met:
- No assessment, test, or quiz was opened or accessed
- No digital download, template, or resource was downloaded
- No course content was accessed, viewed, or played
- No consulting, mentoring, or support service was accessed, initiated, or scheduled
If any one of the above actions has occurred, no refund will be issued.
12.3 Non-Refundable Items and Services
The following are strictly non-refundable:
- Digital products, downloads, templates, and resources
- Online courses (accredited and non-accredited) once accessed
- Assessments, tests, quizzes, or evaluations once opened
- Consulting, mentoring, or advisory services once commenced
- Any service partially or fully delivered
- Subscription-based, time-based, or licence-based access once activated
This applies regardless of:
- Completion status
- User satisfaction
- Perceived value
- Outcome or result achieved
12.4 Accredited and Non-Accredited Courses
Refund eligibility applies equally to accredited and non-accredited courses.
Accreditation status does not affect refund rights.
Users are solely responsible for confirming course suitability, accreditation status, regulatory relevance, and personal requirements before enrolling.
12.5 Proof of Access and System Records
Tender Blender utilises learning management systems, access logs, and digital tracking to record:
- Course access and session activity
- Content views and playback
- Downloads and resource access
- Assessment activity and timestamps
These records constitute conclusive proof, to the extent permitted by law, of access and usage for purposes of determining refund eligibility.
12.6 Statutory Rights
Nothing in this Refund Policy limits any non-excludable rights a consumer may have under applicable South African law.
Where statutory cooling-off rights apply, such rights shall apply only to the minimum extent required by law and shall not apply to:
- Digital content
- Downloads
- Assessments
- Services already accessed or commenced
as permitted under the Consumer Protection Act 68 of 2008 and related legislation.
12.7 No Chargebacks or Payment Reversals
Unauthorised chargebacks, reversals, or payment disputes initiated in violation of this Refund Policy may result in:
- Immediate suspension or termination of access
- Permanent account blocking
- Recovery of amounts owed
- Additional administrative, legal, and payment-processing costs
Tender Blender reserves the right to dispute chargebacks using system records and contractual evidence.
12.8 Refund Processing
Where a refund is approved:
- Refunds will be processed using the original payment method
- Processing times may vary depending on payment providers and banking institutions
- No interest, damages, or additional compensation shall be payable
12.9 No Discretionary Waivers
Any refund granted in exceptional circumstances:
- Is made at the sole discretion of Tender Blender
- Does not constitute a precedent
- Does not create any future entitlement or expectation
13. Disclaimers and Limitation of Liability
13.1 General Disclaimer
All services, courses, content, materials, templates, assessments, and information provided by Tender Blender are supplied on an “as is” and “as available” basis.
While reasonable care is taken to ensure accuracy and relevance, Tender Blender makes no representations or warranties, whether express, implied, or statutory, regarding:
- The accuracy, completeness, or correctness of any content
- Suitability for any particular purpose
- Continuous availability, functionality, or uninterrupted access
- Compliance outcomes, approvals, or results
Use of the website, platform, and services is entirely at the user’s own risk.
13.2 No Reliance Disclaimer
Users expressly acknowledge and agree that:
- They do not rely on Tender Blender as a professional advisor
- No representations, assurances, forecasts, or guarantees are made regarding outcomes
- Any decisions, actions, or implementations based on the content are made independently
Tender Blender shall not be liable for any loss, damage, or consequence arising from reliance on its content, services, or materials.
13.3 Exclusion of Indirect and Consequential Loss
To the fullest extent permitted by law, Tender Blender shall not be liable for any:
- Indirect, incidental, or consequential losses
- Loss of profit, income, business, contracts, or opportunity
- Loss of data, goodwill, or reputation
- Economic loss or special damages
This exclusion applies whether the claim arises in contract, delict (tort), negligence, breach of statutory duty, or otherwise.
13.4 Limitation of Liability
To the maximum extent permitted under South African law:
- Tender Blender’s total aggregate liability to any user for any claim shall be limited to the amount actually paid by the user to Tender Blender for the specific service giving rise to the claim, or
- R1,000 (one thousand rand),
whichever is the lesser.
This limitation applies to all claims, whether arising from contract, negligence, misrepresentation, breach of statutory duty, or otherwise.
13.5 Consumer Protection Act Compliance
Nothing in these Terms excludes or limits liability for:
- Gross negligence
- Intentional misconduct
- Any liability that may not lawfully be excluded or limited under the Consumer Protection Act 68 of 2008 or other applicable legislation
All exclusions, disclaimers, and limitations apply only to the extent permitted by law.
13.6 Third-Party Decisions and Regulatory Bodies
Tender Blender shall not be liable for decisions, actions, or outcomes imposed by third parties, including but not limited to:
- Government departments
- Regulatory or oversight bodies
- Accreditation authorities
- SARS, CSD, municipalities, procurement entities, or tender adjudicators
- Funding bodies or external decision-makers
Such decisions are outside Tender Blender’s control.
13.7 Security and Technology Disclaimer
Tender Blender does not warrant that:
- The website, platforms, or systems will be error-free, uninterrupted, and/or virus-free
- Data transmissions will be secure and/or uninterrupted
- Technical failures or system downtime will not occur
Users are responsible for implementing appropriate security, backup, and protection measures on their own devices and systems.
13.8 Indemnity
Users agree to indemnify, defend, and hold harmless Tender Blender against any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:
- Misuse of the website or services
- Breach of these Terms
- Unlawful, negligent, or fraudulent conduct
- Infringement of third-party rights
This indemnity survives termination of access or use.
13.9 Survival of Disclaimers
All disclaimers, exclusions, limitations of liability, and indemnities contained in this section shall survive termination, completion of courses, or cessation of services.
14. Third-Party Platforms and Force Majeure
14.1 Use of Third-Party Platforms and Services
Tender Blender utilises third-party platforms, software, systems, and service providers to deliver its services. These may include, without limitation:
- Learning management systems (LMS)
- Website hosting and infrastructure providers
- Payment gateways and financial processors
- Email, messaging, and notification services
- Analytics, tracking, monitoring, and security tools
Tender Blender does not own, control, or manage these third-party platforms and is not responsible for their performance, availability, reliability, functionality, or security.
14.2 No Liability for Third-Party Failures
Tender Blender shall not be liable for any loss, damage, delay, or interruption arising from:
- Downtime, outages, or technical failures of third-party platforms
- Payment processing delays, reversals, or failures
- Data transmission issues, latency, or system incompatibilities
- Service disruptions caused by third-party providers
Users acknowledge that access to services may be dependent on factors outside Tender Blender’s control.
14.3 No Warranty of Continuous Availability
Tender Blender does not warrant uninterrupted, continuous, or error-free access to its website, courses, platforms, or services.
Access may be suspended, limited, or restricted for reasons including, but not limited to:
- Maintenance, upgrades, or system improvements
- Security incidents or risk mitigation measures
- Third-party service interruptions or failures
No refunds, credits, or compensation shall be payable for such interruptions, to the extent permitted by law.
14.4 Force Majeure Events
Tender Blender shall not be liable for any failure or delay in the performance of its obligations where such failure or delay arises from events beyond its reasonable control (“Force Majeure Events”).
Force Majeure Events include, without limitation:
- Power outages, load shedding, Eskom failures, or utility disruptions
- Internet, data centre, or telecommunications outages
- Acts of government, regulatory changes, directives, or system shutdowns
- Pandemics, epidemics, or public health emergencies
- Civil unrest, strikes, riots, or labour disputes
- Natural disasters, floods, fires, or extreme weather conditions
- Cyberattacks, hacking incidents, or security breaches not caused by gross negligence
14.5 Effect of Force Majeure
Where a Force Majeure Event occurs:
- Tender Blender’s obligations shall be suspended for the duration of the event
- No breach of these Terms shall be deemed to have occurred
- Users shall not be entitled to refunds, damages, or compensation
Tender Blender will use reasonable efforts to restore services where practicable.
14.6 Reservation of Rights
Tender Blender reserves the right to modify, replace, suspend, or discontinue any third-party platform or service provider at its discretion, without liability, provided that such changes are made in good faith to support service delivery.
15. Legislative, Regulatory and SARS Change Management
15.1 Evolving Legal and Regulatory Environment
Users acknowledge that the legal, regulatory, and compliance environment governing business, procurement, taxation, tenders, B-BBEE, labour, and related matters in South Africa is subject to frequent and ongoing change.
Tender Blender provides educational content based on laws, regulations, policies, and practices as they exist at the time of content creation.
15.2 No Immediate Obligation to Update Content
Tender Blender is not obliged to immediately update course content, training materials, templates, examples, or resources following:
- Legislative amendments
- Regulatory changes
- Policy updates
- Practice directives, guidance notes, or interpretive changes
This includes, without limitation, changes issued by SARS, government departments, regulatory authorities, municipalities, procurement bodies, or accreditation institutions.
15.3 Two-Year Grace Period for Updates
To the fullest extent permitted by law, Tender Blender shall be entitled to a grace period of up to two (2) years from the effective date of any legislative, regulatory, administrative, or policy change to:
- Review such changes
- Update course content and materials
- Amend templates, examples, and educational guidance
- Update internal policies and documentation
During this grace period:
- Existing content remains valid for educational purposes
- No liability shall arise from content that has not yet been updated
15.4 SARS Policy Changes
Users expressly acknowledge that:
- SARS policies, interpretations, administrative practices, and systems may change without notice
- Such changes may affect tax treatment, procedural requirements, compliance steps, or system availability
Tender Blender shall not be liable for:
- Changes in SARS requirements or interpretations
- SARS system outages, delays, or administrative failures
- Reinterpretation or retrospective application of tax or compliance rules
All SARS-related changes fall fully within the two-year grace period described above.
15.5 No Retroactive Liability
Tender Blender shall not be held liable for:
- Actions taken by users based on content that was accurate at the time of publication
- Subsequent legislative, regulatory, or policy changes applied retroactively by third parties
Users remain responsible for verifying current legal and regulatory requirements before implementation or reliance.
15.6 Educational Context of Legal and Regulatory Content
All references to laws, regulations, policies, frameworks, or compliance obligations within Tender Blender’s services are provided:
- For educational and informational purposes only
- Without representation that such content is complete, exhaustive, or current
- Without assumption of responsibility for regulatory interpretation or application
Tender Blender does not provide legal, tax, or regulatory advice.
15.7 Reservation of Rights
Tender Blender reserves the right, but not the obligation, to:
- Update content at its discretion
- Withdraw, archive, or replace outdated materials
- Introduce revised, updated, or supplementary courses
Such updates do not create an obligation to revise or reissue previously delivered content.
15.8 Survival
This section shall survive termination, completion of courses, or cessation of services.
Privacy Policy
Privacy, POPIA and Data Governance
16.1 Commitment to Privacy
Tender Blender (Pty) Ltd is committed to protecting the privacy, confidentiality, and security of personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable South African laws.
This Privacy Policy explains how personal information is lawfully collected, processed, stored, shared, and protected.
16.2 Personal Information Collected
Tender Blender may collect and process the following categories of personal information:
- Full names and surnames
- Email addresses
- Telephone numbers
- Account registration and authentication details
- Course enrolment, participation, and progress data
- Assessment results and learning activity records
- Payment, billing, and transaction records
- Communications, enquiries, and support correspondence
Tender Blender does not require users to submit identity documents, compliance documentation, or regulatory filings to access training, unless expressly stated for a specific service.
16.3 Purpose of Collection and Processing
Personal information is collected and processed for the following lawful purposes:
- Account creation, authentication, and management
- Course enrolment, access, delivery, and administration
- Assessment administration, scoring, and record keeping
- Customer support, communications, and service delivery
- Billing, payment processing, refunds, and reconciliation
- Legal, regulatory, and contractual compliance
- Platform security, fraud prevention, and risk management
Personal information will not be processed for purposes incompatible with those listed above.
16.4 Voluntary Submission of Documents
Where users voluntarily submit documents, information, or materials during consulting, mentoring, or support engagements:
- Such submission is entirely voluntary
- Tender Blender does not assume responsibility for the accuracy, completeness, or legality of such documents
- Users remain responsible for safeguarding original records
Tender Blender is not required to retain submitted documents beyond the purpose for which they were provided, unless legally required.
16.5 Data Storage and Security Measures
Tender Blender implements reasonable technical and organisational safeguards to protect personal information against:
- Loss or destruction
- Unauthorised access
- Unlawful processing
- Accidental disclosure or misuse
Personal information may be stored on secure third-party platforms, including learning management systems, hosting providers, and payment processors, subject to appropriate contractual and security safeguards.
16.6 Third-Party Service Providers
Tender Blender may share personal information with trusted third-party service providers strictly for purposes necessary to deliver services, including:
- Hosting and infrastructure providers
- Learning management systems
- Payment processors and financial service providers
- Email and communication platforms
All such service providers are required to maintain appropriate data protection and confidentiality standards.
Tender Blender does not sell, rent, or trade personal information.
16.7 Retention of Information
Personal information is retained only for as long as reasonably necessary to:
- Fulfil the purposes for which it was collected
- Comply with legal, accounting, tax, or regulatory obligations
- Resolve disputes or enforce agreements
Once no longer required, personal information is securely deleted, anonymised, or de-identified, in accordance with POPIA principles.
16.8 Data Subject Rights
In terms of POPIA, data subjects have the right to:
- Request access to their personal information
- Request correction, deletion, or updating of inaccurate or outdated information
- Object to the processing of personal information on reasonable grounds
- Lodge a complaint with the Information Regulator of South Africa
Requests may be submitted via email to help@tenderblender.co.za.
16.9 Cross-Border Data Transfers
Where personal information is processed or stored outside the Republic of South Africa, Tender Blender ensures that such transfers are subject to appropriate safeguards and lawful processing conditions, as required under POPIA.
16.10 Cookies and Tracking Technologies
Tender Blender may use cookies and similar technologies to:
- Enable website and platform functionality
- Analyse usage patterns and performance
- Enhance user experience and security
Users may manage or disable cookies through their browser settings. Disabling cookies may affect certain website features or functionality.
16.11 Incorporation into Terms and Conditions
This Privacy Policy forms part of, and is incorporated by reference into, the Terms and Conditions of Tender Blender.
Use of the website, platform, or services constitutes acceptance of this Privacy Policy.
16.12 Changes to this Privacy Policy
Tender Blender reserves the right to update or amend this Privacy Policy from time to time.
Revised versions will be published on the website and shall become effective upon publication, unless otherwise stated.
16.13 Contact Information
For privacy-related enquiries, data requests, or complaints, contact:
Email: help@tenderblender.co.za
Company: Tender Blender (Pty) Ltd
