Terms of Service — Cumulus Blue Platforms

Scope: Marketing site only (cumulusblue.tech). The Learner Experience (LX) platform operates under its own separate terms provided at registration. Aligned with: PAIA/POPIA Manual (Cumulus Blue Platforms) Version 2.0, dated 9 July 2026.

Effective date: [INSERT DATE WHEN PUBLISHED] Last updated: [INSERT DATE WHEN PUBLISHED]

1. About these Terms

These Terms of Service (“Terms”) govern your use of the Cumulus Blue Platforms marketing website located at https://cumulusblue.tech (the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

These Terms cover the marketing Website only. Our Learner Experience (LX) ecosystem operates as a separate service under its own terms that platform users agree to when they register.

2. Who we are

The Website is operated by:

• Company name: Cumulus Blue Platforms (Pty) Ltd
• Company registration number: 2015/189934/07
• VAT number: 4960272708
• Registered office: Unit 27 Cambridge Office Park, 5 Bauhinia Street, Highveld Techno Park, Centurion, South Africa
• General contact: info@cumulusblue.tech

In these Terms, “we”, “us”, and “our” refer to Cumulus Blue Platforms (Pty) Ltd; “you” and “your” refer to anyone accessing or using the Website.

3. What the Website is for

The Website is an information and contact resource describing our three product pillars:

1. Tailored Online Learning Platforms
2. NextGen Self-Paced Microlearning Videos
3. Hyper-Customised Modular Software Solutions

You may use the Website to:

• Read information about our products and services
• Watch our published video content
• Submit an enquiry through our contact form
• Click through to our Learner Experience (LX) platform, which is governed by separate terms

The Website does not:

• Process payments
• Provide our paid learning services
• Create user accounts or store learner records (those happen on the paid platform)

4. Acceptable use

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of anyone else, or restrict anyone else’s use and enjoyment of the Website.

In particular, you agree not to:

• Use the Website in any way that breaches South African law or any other applicable law
• Submit information through the contact form that is false, misleading, defamatory, threatening, harassing, obscene, or otherwise objectionable
• Submit information about another person without their consent
• Attempt to gain unauthorised access to the Website, its server, or any related infrastructure
• Use any automated system (bot, scraper, crawler) to access the Website except for publicly accepted search-engine indexing
• Interfere with the operation of the Website or with any other user’s enjoyment of it
• Introduce viruses, malware, or any other malicious code
• Use the Website to send unsolicited commercial messages, spam, or phishing communications
• Frame, mirror, or otherwise reproduce the Website’s content without our written consent

We reserve the right to refuse service, terminate access, or remove submissions that violate these acceptable-use rules.

5. Contact form submissions

When you submit an enquiry via our contact form, you:

• Confirm that the information you provide is accurate
• Consent to us contacting you in response to your enquiry
• Acknowledge that your submission will be processed in accordance with our Privacy Policy

We aim to respond to enquiries within one business day but make no guarantee of response time. Submission of an enquiry does not create any contract or obligation on us to provide services.

6. Intellectual property

6.1 Our content

All content on the Website — including text, copy, graphics, logos, icons, images, video, audio, software, and the overall design and layout — is owned by Cumulus Blue Platforms (Pty) Ltd or used under licence, and is protected by South African and international copyright, trade mark, patent, and other intellectual property laws.

The Cumulus Blue Platforms name and logo are trade marks of Cumulus Blue Platforms (Pty) Ltd.

6.2 Patent notice

Aspects of our online learning methodology are the subject of South African Provisional Patent Application No. 2018/06032.

6.3 Your licence to view

We grant you a personal, non-exclusive, non-transferable, revocable licence to access and view the Website for your own non-commercial, informational purposes. You may not:

• Copy, reproduce, distribute, modify, or create derivative works of any content on the Website
• Use any content for commercial purposes
• Remove any copyright, trade mark, or other proprietary notices
• Use the content as training data for any generative artificial intelligence or machine learning system

without our prior written consent. (This prohibition does not restrict legitimate search engine indexing or assistive technology that interprets the Website for users with disabilities.)

6.4 Permitted personal use

You may print or download a reasonable amount of content for your own personal, non-commercial reference, provided you retain all copyright and proprietary notices.

7. Third-party links and services

The Website contains links to third-party websites and services, including but not limited to:

• Our Learner Experience (LX) platform
• Our video content hosted by JW Player
• Social media platforms (where linked)

We are not responsible for the content, accuracy, or practices of any third-party website or service. Linking to a third party does not imply our endorsement of it. When you leave our Website by clicking a link, the terms and privacy practices of the destination apply.

8. Disclaimers

8.1 No professional advice

Information on the Website is provided for general informational purposes only. It is not legal, financial, educational, accreditation, or professional advice, and should not be relied upon as such. You should obtain advice from a suitably qualified professional before acting on information you find on the Website.

8.2 No warranties

To the maximum extent permitted by South African law, the Website and its content are provided “as is” and “as available”, without warranties or conditions of any kind, whether express or implied. In particular, we do not warrant that:

• The Website will be uninterrupted, error-free, or available at all times
• Any content on the Website is accurate, complete, or up to date
• The Website is free from viruses or other harmful components
• Defects in the Website will be corrected

8.3 Consumer Protection Act

Nothing in these Terms is intended to limit or exclude any right that cannot lawfully be limited or excluded under the Consumer Protection Act, 2008 (“CPA”), the Electronic Communications and Transactions Act, 2002 (“ECTA”), or any other applicable South African consumer protection legislation.

8a. Accessibility

We aim to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA, so that the Website is usable by people with a wide range of disabilities. If you encounter an accessibility barrier on the Website, please contact us at info@cumulusblue.tech and we will respond as soon as reasonably possible.

9. Limitation of liability

To the maximum extent permitted by law, in no event will Cumulus Blue Platforms (Pty) Ltd, its directors, employees, agents, or service providers be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business, goodwill, data, or use
• Damages exceeding R1,000 in aggregate for any claim arising from or related to your use of the Website

arising out of or in connection with your access to or use of, or inability to access or use, the Website, even if we have been advised of the possibility of such damages.

Nothing in this clause limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by South African law (including under the CPA)

10. Indemnity

You agree to indemnify and hold Cumulus Blue Platforms (Pty) Ltd, its directors, employees, and service providers harmless against all claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your misuse of the Website
• Your violation of any law or the rights of a third party in connection with your use of the Website

11. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, if you breach these Terms or if we discontinue the Website. You may stop using the Website at any time.

Termination does not affect any rights or obligations that, by their nature, are intended to survive termination — including intellectual property rights, indemnities, limitations of liability, and provisions governing law.

12. Paid learner platform (separate)

These Terms cover the marketing Website only. Our Learner Experience (LX) platform is a separate service governed by its own terms and conditions, which platform users agree to when they register.

13. Changes to these Terms

We may update these Terms from time to time to reflect changes in our practices, our services, or the law. The “Last updated” date at the top of these Terms will show when the most recent change was made.

If we make a material change, we will take reasonable steps to notify you — for example, by a prominent notice on the Website. Your continued use of the Website after a change becomes effective means you accept the updated Terms. If you do not agree with a change, please stop using the Website.

14. Privacy

Your use of the Website is also governed by our Privacy Policy, which forms part of these Terms by reference. Please read it before submitting any personal information through the Website: Privacy Policy.

15. General provisions

15.1 Entire agreement

These Terms (together with the Privacy Policy) constitute the entire agreement between you and Cumulus Blue Platforms (Pty) Ltd regarding your use of the marketing Website, and supersede any prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the rest of the Terms continue in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

15.3 No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer ours to any successor in interest, including in connection with a merger, acquisition, or sale of our business.

15.5 Force majeure

Neither party will be liable for any failure or delay in performance under these Terms caused by events outside our reasonable control — including natural disasters, power outages, internet failures, government actions, labour disputes, or acts of war or terrorism.

15.6 No partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.

16. Governing law and disputes

16.1 Governing law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

16.2 Disputes

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website, the parties will first attempt in good faith to resolve the matter through direct negotiation.

If the dispute cannot be resolved through direct negotiation within 30 calendar days, dispute resolution depends on the amount in question:

• Claims of R20,000 or less: the dispute may be referred to the Small Claims Court with jurisdiction over the respondent’s place of residence or business. This is a faster, cheaper, attorney-free forum suitable for low-value consumer matters.
• Claims above R20,000: the dispute will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA) by a single arbitrator agreed between the parties, or appointed by AFSA if the parties cannot agree.

Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

16.3 Jurisdiction

Subject to the arbitration clause above, the parties consent to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria.

17. Contact us

If you have any questions about these Terms, please contact us:

• Email: info@cumulusblue.tech
• Postal address: Unit 27 Cambridge Office Park, 5 Bauhinia Street, Highveld Techno Park, Centurion, South Africa