Untitled Document

Website Terms and Conditions

In using this website you (“the User”) are deemed to have read and agreed to the following terms and conditions:

 

1.      Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements entered into between the Company:

1.1    "the User” or “you” means you, the person accessing this website and accepting the Company’s Terms and Conditions;

1.2    "The Company", “Ourselves”, “We” and "Us", refers to Sunset Beach c/c Trading as Coaching Unity ;

1.3    “the Parties” means both the User and the Company and “Party” means either the User or the Company as the context may indicate;

1.4    “the ECT Act” means the Electronic Communications and Transactions Act No. 25 of 2002;

1.5    “Intellectual Property” means copyright (including but not limited to literary, artistic, musical work, photograph, sound recording, computer programmes), patents, trademarks (including domain names, meta tags), confidential information and trade secrets;

1.6    “PAI Act” means the Promotion of Access to Information Act No. 2 of 2000;

1.7    The terms hereof govern inter alia; the offer, acceptance and consideration of any payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing South African Law.

1.8    Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1.9    Headings are inserted for ease of reference only and shall affect the meaning or interpretation of any of the Terms and Conditions hereof.

 

2.    Privacy and Protection of Personal information

2.1    The Company is committed to protecting all Users’ privacy and personal information. Authorized employees within the Company on a need to know basis only use information collected from individual Users in accordance herewith. We constantly review our systems and data to ensure the best possible service to Users.

2.2     When you use/browse this website, the Company may collect, store and use your personal information and/or any other additional information for the purposes set out below.

2.3     The Company may use personal information or any other requested information which the User provides or that is obtained by the Company inter alia:-

2.3.1  To submit information about the Company’s services/products to the User;

2.3.2  To fulfil the Company’s obligations to the User;

2.3.3  To register the User with this website and to administer our website services;

2.3.4  To identify the User when accessing and utilising this website;

2.3.5  To ensure that the User’s requested services are delivered; and/or

2.3.6  For assessment and analyses of personal statistical information to enable the Company to review, develop and improve services which the Company offers, and to enable the Company to communicate with the User.



3.    Confidentiality

3.1    Your records and personal information are regarded as confidential and therefore will not be divulged to any third party, other than the Company’s manufacturer/supplier(s) where necessary to meet the Company’s obligations to the User in terms hereof and/or if the Company is legally obliged to do so to the appropriate authorities.

3.2    The Company prescribes to and complies with the provisions of the PAI Act. You accordingly have the right to request sight of, and copies of any and all records and personal information we keep pertaining to you, on the proviso that we are given reasonable written notice of such a request. Please be advised that the Company’s Information Officer is Michael Cooper and requests for information in terms of the PAI Act, may be made to  michael@coachingunity.co.za

3.3    You are requested to retain copies of any literature issued in relation to the provision of our services.

3.4    We will not sell, share, or rent your personal information to any third party or use your e-mail address or contact details for unsolicited mail. Any emails, notifications, marketing material and/or advertisements sent by the Company to you, will only be in connection with the provision of agreed services and products. By virtue of your use of this website, you are specifically consenting to the receipt of the marketing material, advertisements, notifications and other communication from the Company.

3.5    Should you wish to withdraw such consent at any time, you are entitled to do so. Notification of the withdrawal of your consent and/or notification of the change in any of your personal information including contact or other details, may be communicated to the Company at any of the email addresses, facsimile or telephone numbers which can be found in the “Contact Us” section of this website.

3.6    The use, analyses, dissemination, retention and storage of your personal and other information shall at all times be subject to any and all applicable laws with respect to data security and protection from time to time.


4.    Security

4.1    The Company endeavours to take all reasonable steps to protect the User’s personal information, however, the Company cannot guarantee the security of any data the User discloses online. The User accepts the inherent security risks of providing information and dealing online over the Internet and will not hold the Company, its directors, members, employees or agents responsible for any breach of security unless this is due to the Company’s gross negligence or wilful misconduct.

4.2    Please take note that the Company may send the User emails from time to time however the Company will never send the User an email asking for the User’s logon details, password or bank details or direct the User to a webpage which asks for this information.

4.3    Although the Company is not obliged to provide security on this website, the Company believes that it is important that the User’s personal information and any communications between the User and the Company, is dealt with in the most secure manner reasonably possible. However, because of the nature of the internet, the Company cannot warrantee that the security of the User’s communication with the Company via this website is completely secure.

4.4    To provide adequate security to all Users and to monitor activities prohibited under Section 86 of the ECT Act, the User hereby agrees to the Company’s right to intercept, block, monitor, read, delete or access all data sent to the website or any other Company communication facility (eg: email, instant messaging or facsimile), subject to the Terms and Conditions set out under and in terms of the Regulation of Interception of Communications and Provision of Communication Related Information Act No. 70 of 2002.

4.5    Copies of any and all Acts or Regulations referred to herein, may be requested from the Company in writing upon reasonable written notice.

4.6    Whilst the Company will, insofar as may be reasonably possible, check documents and files before they are posted on this website, the Company cannot guarantee that the documents or files downloaded from this website will be free from viruses and the Company accordingly does not accept any responsibility for damage or loss causes by any virus.

4.7    For the User’s own protection, the User should use virus-checking software when using this website, The User undertakes to virus-check any document or file which it intends to post or download to or via this website.

4.8    The User hereby indemnifies the Company, its employees, service providers, suppliers and affiliates against any and all damages, expenses or loss suffered as a result of delivering computer programmes or any other code that may damage this website or the Company’s infrastructure.

 

5.    Disclaimer: Exclusions and Limitations of Liability

5.1     The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, the Company:-

5.1.1  excludes all representations and warranties, conditions, undertakings or terms of any kind, express or implied, statutory or otherwise, relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

5.1.2  excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

5.2    The Company does not however exclude liability for death or personal injury caused by its gross negligence or wilful misconduct. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

5.3    It is specifically recorded and acknowledged that the reports generated in terms hereof, are solely a compilation and summary of information and responses provided by the User and do not constitute a determinative assessment.

 

6.    Agreement and E-Communications

6.1    The User agrees that:-

6.1.1    if the User is not a consumer, the User confirms that the User has authority to bind any business on whose behalf the User uses this website;

6.1.2    the User is at least 18 years of age and possesses the legal right and ability to enter into this agreement and to use this website in accordance with all the Terms and Conditions herein; and

6.1.3   this agreement is concluded in Johannesburg immediately upon the User accessing this website.

6.2      Data messages sent from the User to the Company are only deemed to have been received by the Company once the Company responds thereto. Such acknowledgement further does not give legal effect to that message unless specifically indicated by the Company that it does give legal effect to the message.

6.3      The User acknowledges that all agreements, authorisation or request under this agreement satisfies the “writing” requirement as per Section 12 of the ECT Act.

6.4      For purposes of electronic communications between the User and the Company, no electronic signature is required; the mere sending of data messages or browsing of this website demonstrates the User’s intent to be a party to this agreement and to be bound by the Terms and Conditions hereof.

 

7.    Payment

7.1    Payment in respect of tokens, services and/or goods shall be made by the User by means of an appropriate electronic transfer acceptable to the Company alternatively by utilising the “Paypal” secure transfer system.

7.2    Payment shall be made in advance and in full and no tokens shall be issued to the User until such time as payment in respect thereof has been received by the Company.

7.3    The amount due by the User in respect of any such tokens, services or goods shall be subject to change at the Company’s sole and exclusive discretion, at any time and without notice to the User.

7.4    Payment may be made via Visa or MasterCard through Paygate or via Paypal.

7.5    Credit card transactions will be acquired for iTeam via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to www.paygate.co.za to view their security certificate and security policy.

7.6    Customer details will be stored by iTeam separately from card details which are entered by the client on PayGate’s secure site.  For more detail on PayGate refer to www.paygate.co.za.

 

8.    Termination of Agreements and Refunds Policy

8.1    The Company may terminate this agreement and the User’s access to this website for any reason with immediate effect and without notice, including the termination of services that are already underway.

8.2    No refunds shall be offered where a service is deemed to have begun and is, for all intents and purposes, underway.

8.3    Accordingly, any payments made in respect of tokens by the User to the Company, shall not be refundable.

8.4    If you delete a member of your team you will be refunded your token only if that person hasn’t started completing his/her iTeam. There are no cash refunds for tokens.

 

 

9.    Availability and Data/Report Storage

9.1    Redistribution or republication of any part of this website or its content is prohibited (other than the reports generated), including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to the best ability. By using this website and any services offers by the Company, the User hereby indemnifies the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

9.2    Whilst the Company will, insofar as may be reasonably possible, retain electronic copies and records of reports produced for and on behalf of a User for a period of six (6) months following the preparation thereof, it is specifically recorded and acknowledged that the Company is under no obligation to do so.

9.3    The Company does not provide a data storage or recovery facility for the User, cannot guarantee the safe, complete and/or accurate storage of reports and shall not be liable for any losses or damages suffered by the User as a consequence of the loss of or failure to retain such data and/or reports, whether for a period of six (6) months or at all. 

9.4    The User is accordingly requested and advised to retain copies of any and all reports generated by the Company in terms hereof for record purposes.

 

10.   Log Files

The Company uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, the Company’s web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without the User’s explicit permission.

 

11.   Cookies

11.1  Like most interactive websites the Company’s website [or ISP] uses cookies to enable the Company to retrieve User details for each visit. Cookies are used in some areas of this website to enable the functionality of this area and ease of use for Users. Some of the Company’s affiliate partners may also use cookies.

11.2  Please remember that cookies do not contain personal information such as the User’s home address, telephone number or credit card details. The Company does not exchange cookies with any third party websites or external data suppliers.

 

12.   Licence Conditions

12.1  Other than as agreed herein, the User may not use, copy, adapt, redistribute or modify the content or any part thereof or frame, “mirror, data-mine or cache any aspect of this website or reverse engineer, copy modify, download, distribute, decompile or create derivative work of the software, or any part thereof without prior written permission from the Company. For an re-use, distribution of the content, the User must make clear to others the terms and conditions applicable to the content available from this website.

12.2  The user may not sublicense and of the content available from this website.

12.3  The user may not assign, transfer or sublicense the rights pursuant to any agreement entered into with the Company.

12.4  The User is not permitted to upload or submit damaging code to this website.

12.5  The user may not use this website for purposes of uploading unsolicited communications (“spam”) or sent or publish any content that is in violation of any law or that is obscene, defamatory, racist or offensive in nature or may result in the infringement of intellectual property.

 

13.   Links to and from this website

13.1      This website may contain links to other websites operated by third parties. The Company does not monitor, review, operate or control in any respect whatsoever, any of the information, graphics, material on those third party websites or guarantee that such websites will be operation at all times.

13.2      Links to third party websites are included solely for the convenience of the User. The User therefore assumes sole responsibility for the use of a third party website.

13.3      Opinions expressed or material appearing on such third party websites are not necessarily shared or endorsed by the Company and the Company should not be regarded as the publisher of such opinions or material. Please be aware that the Company is not responsible for the privacy practices or content of third party websites and does not warrant the accuracy, quality, reliability, legality, merchantability or fitness for purpose thereof.

13.4      We encourage you to be aware when you leave this website & to read the privacy statements of all third party websites. You should evaluate the security and trustworthiness of any other website connected to this website or accessed through this website yourself, before disclosing any personal information to such websites.

13.5      The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

13.6      Hyperlinks to this website will be allowed, subject to the following conditions:-

13.6.1   The User will be authorised to link to, but not replicate, content contained in this website;

13.6.2   The User may not present misleading or false information about the Company’s services or products;

13.6.3   The User may not imply that the Company is endorsing or sponsoring the User’s website or any other third party website or any services or products available from the website containing the link;

13.6.4   The User may not use the Company’s logos or trademarks without prior written consent from the Company;

13.6.5   The User’s or third party website may not contain content that could be construed as obscene, libellous, defamatory, pornographic, or inappropriate for all ages or contain materials that could violate any laws;

13.6.6   The link shall be removed at any time at the Company’s request pursuant to the Company’s reserved rights to rescind its consent to allow the link;

13.6.7   Authorisation to link to the Company’s website shall not create and/or constitute an employer/employee relationship or an agency or a partnership in and shape or form between the User and the Company nor authorise the User to incur any liability on behalf of the Company.

 

14.   Intellectual Property Rights

14.1  The Intellectual Property rights created by or available on this website or obtained via the interaction between the Company and the User are the property of the Company and may not be utilised outside the licensed terms and conditions set out herein.

14.2  Email addresses, names, telephone numbers and facsimile numbers published on this website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” permission from the Company to utilise same.

14.3  The Company would be pleased to consider requests for permission to disseminate or use the website’s content outside the scope of the license terms set out herein, provided that our written approval is obtained in advance.

 

15.   Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

 

16.   Communication

The Company has several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

 

17.   Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

 

18.   Waiver

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 

19.   General

19.1  These Terms and Conditions constitute the sole record of the agreement between the Company and the User with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

19.2  The laws of South Africa govern these terms and conditions. By accessing this website, and by using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access.

19.3  If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severable from these terms and the remaining terms will continue to apply.

19.4  Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

19.5  These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

19.6  Any provision hereof which contemplates performance or observance subsequent to any termination or expiration of this agreement shall survive any termination or expiration of this agreement and shall continue to be in full force and effect.

 

20.   Termination

These Terms and Conditions and the User’s access to this website may be terminated at any time by the Company without notice. All restrictions, disclaimers and limitations of liability by the Company will survive any such termination however the user will no longer be authorised to access this website.

 

21.   Breach

21.1      If the User is in breach of the terms and conditions of this website, the Company reserves the right to, without prejudice to any rights which it may have in terms hereof or at law to:-

21.1.1   Institute civil proceedings for specific performance and/or damages;

21.1.2   Terminate this agreement and claim damages; and/or

21.2.3   Institute criminal proceedings where applicable and necessary.

21.2      All costs, charges and expenses of whatsoever nature which may be incurred by the Company in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between attorney and own client and collection commission irrespective of whether action has been instituted, shall be recoverable from the User.

 

22.   Notification of Changes

22.1  The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 7 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

22.2  These terms and conditions form part of the agreement between the User and the Company. By accessing this website and/or undertaking of a booking, purchasing a token, completing a questionnaire or entering into an agreement with the Company indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

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