What We collect and how we make use of your Personal Information
We may electronically collect, store and use Personal Information with your consent (if You don't consent to this, please do not Access or register on the Sites). This Personal Information includes, but is not limited to, the following:
Personal Information You Provide to Us: We receive and store any information you furnish us with through the Sites or provide to us in any other way. The types of Personal Information collected may include your name, email address, phone number, birthday, Social Services' usernames or profile information, use information regarding your use of the Sites, and browser information. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Sites, improving the content on the Sites, customising aspects of the Website, and communicating related information, news and updates to you. We may also make use of your Personal Information in order to adapt the Sites to your needs, to research and improve the Sites' effectiveness, and to develop new tools for the Sites' users.
Information Collected Automatically: When you use the Sites, We automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. We treat this data as non-Personal Information, except where we are compelled to do otherwise by law or legal authority. We only use this data in aggregate form and we may provide this aggregate information to our partners about how our customers, collectively, use the Sites, so that our partners may also understand how user make use of the Sites.
In addition to the above, we may further collect, store and use your Personal Information in order to (but not limited to the following) -
enable You to create a personal profile on the Sites and thereby Access the Sites;
enable You to make use of the Sites in the manner described on the Sites, from time to time;
enable other website users to find You on The Website and connect to You;
communicate requested information to You, for example through user alerts;
communicate information to You regularly, for example through newsletters;
compile and maintain The Website and member database;
register and/or authenticate users of and/or visitors to The Website;
identify and take reasonable measures to prevent fraudulent uses of or Access to The Website;
compile non-personal statistical information about browsing habits, click patterns and Access to The Website;
attract advertisers by showing anonymised information about the database, for example demographics;
track database size and growth; and
track compliance of registrants and third parties with these Terms and Conditions.
We only share Personal Information with other companies or individuals outside of The Sharks in the following limited circumstances:
- When We have Your consent. Wes require opt-in consent to share any of your sensitive Personal Information.
- We provide such information to Our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing Personal
- Information on Our behalf. We require that these parties agree to process such information based on its instructions and in compliance with this Privacy
- Policy and any other appropriate confidentiality and security measures.
- When We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Promotional Competition Rules, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to The Sharks' rights, property or safety or of the Sites' users or the public as required or permitted by law.
We may collect, maintain, save, compile, share, disclose and sell Your Personal Information subject to the following:
- We shall disclose the information without your consent only where We are compelled to do so by law; and
- We may compile, use and share any of the information that does not relate to a specific individual.
We provide you with a choice as to whether or not We will send you information about special products and services in the future, and whether or not information will be sent by Our agents or 3rd party service providers. You change this choice in the future by contacting Us with this request, although it may also be necessary to contact any other organisations that have obtained Your information in order to indicate Your choice at this stage.
You may request details of Your Personal Information which We collect, store and use.
Personal information collected from You may be deleted from The Website and member databases when your account on The Website is terminated for any reason.
In the event that Your Personal Information is inaccurately or incompletely reflected on the website, You agree that it is Your responsibility to notify Us of this fact and to supply Us with the accurate or complete information in order to enable Us to address your concerns. Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and Access accounts required to Access the Sites.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR USE OF AND RELIANCE ON THE SITES IS ENTIRELY AT YOUR OWN RISK. THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE SITES, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE SITES OR THE CONTENT THAT OTHER USERS MAY PUBLISH TO THE SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITES WITHOUT NOTICE TO YOU.
INFORMATION, IDEAS AND OPINIONS EXPRESSED ON OR THROUGH THE SITES SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE STRONGLY ADVISED TO SEEK PROFESSIONAL ADVICE BEFORE ACTING ON ANY SUCH INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES THAT THE CONTENT PUBLISHED TO THE SITES (OR THE SITES THEMSELVES, FOR THAT MATTER) IS FIT FOR ANY PURPOSE OTHER THAN AS A REFERENCE WORK IN RESPECT OF THE CONTENT PROVIDED ON THE SITES.
WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE SITES, YOU AGREE THAT NEITHER WE OR THE SHARKS' ASSOCIATES SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE SITES OR FROM YOUR INABILITY TO ACCESS THE SITES.
WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE SITES AVAILABLE TO YOU AND TO KEEP THE SITES AVAILABLE TO YOU AT ALL TIMES. HOWEVER, YOU AGREE THAT WE SHALL NOT BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY, OR ARISING FROM, THE UNAVAILABILITY OF, ANY INTERRUPTION IN, OR YOUR ACCESS TO, THE SITES (EITHER IN PART OR AS A WHOLE) FOR ANY REASON WHATSOEVER.
YOU HEREBY INDEMNIFY US AND THE SHARKS' ASSOCIATES FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO, OR ARISING OUT OF, YOUR USE OF THE SITES OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
WE ARE NOT RESPONSIBLE FOR FILES AND DATA RESIDING ON YOUR ACCOUNT OR FOR ANY CONTRIBUTIONS THAT YOU MAY HAVE MADE TO THE SITES. YOU AGREE TO TAKE FULL RESPONSIBILITY FOR FILES AND DATA TRANSFERRED AND YOUR CONTENT, AS WELL AS TO MAINTAIN ALL APPROPRIATE BACKUPS OF FILES AND DATA STORED ON OUR SERVERS.
If You are of the view that your rights have been infringed through the unlawful use of the Sites by registrants or third parties, You may address a complaint to Us which satisfies the following requirements and/or contains the following information:
- the full names and address of the complainant;;
- the written or electronic signature of the complainant;;
- identification of the right that has allegedly been infringed;;
- identification of the material or activity that is claimed to be the subject of unlawful activity;;
- the remedial action required to be taken by the service provider in respect of the complaint;;
- telephonic and electronic contact details, if any, of the complainant;;
- a statement that the complainant is acting in good faith;;
- a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Please either contact Us on the Site or address your communications to: email@example.com
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Sites and/or suspension or termination of the offending registrant or third Party.
LINKS TO AND FROM THE SITES FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES ("LINKED WEBSITES") DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH LINKED WEBSITES OR THEIR CONTENTS NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS AND CONDITIONS WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY.
WE HAVE NO CONTROL OVER LINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY, OR IN CONNECTION WITH, YOUR USE OF OR RELIANCE ON ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY LINKED WEBSITES. YOU AGREE THAT, IN THE EVENT THAT YOU ACCESS LINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THE SITES IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.
If any dispute arises between Us and You regarding any provision of these Terms and Conditions, or its application or termination, then You and We agree that You and We will attempt to resolve our dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as We may agree to with You.
In the event You and We are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Durban.
This clause shall constitute your irrevocable consent to the arbitration proceedings, and You shall not be entitled to withdraw your consent or to claim that You are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.
Any award that may be made by the arbitrator -
• shall be final and binding;
• will be carried into effect; and
• may be made an order of any court to whose jurisdiction the parties to the dispute are subject.
Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the award of the arbitrator in terms of this clause.
This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.
The Sites are controlled and maintained from our facilities in the KwaZulu-Natal province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Sites and these Terms and Conditions.
You consent to the jurisdiction of the KwaZulu-Natal High Court, Durban, South Africa in respect of disputes which may arise out of your Access to the Sites and these Terms and Conditions.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates' Court even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates' Court.
We choose the addresses below for all communication purposes under these Terms and Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature. We may monitor your communications Subject to the provisions of the RIC Act, You agree to permit Us to intercept, block, filter, read, delete, disclose and use all communications that You may send, Post to or using the Sites and/or to Our staff and/or employees. You agree and acknowledge that the consent that You provide above satisfies the "writing" requirement specified in the ECT Act and in the RIC Act. Severability
Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.
If You breach any of these Terms and Conditions, We may immediately, automatically and without notice to You, terminate your Access to the Sites, and/or prohibit your future Access to the Sites, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.
Access to the Content on or through The Website and The Website itself are classified as "electronic transactions" in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We have the duty to the disclose the following information:
Our full name and legal status: The Sharks Academy
Place of registration Republic of South Africa
Street address: Kings Park, Isiah Ntshangase Road, Durban, 4001
Postal address: P O Box 307, Durban, 4000
Physical address for receipt of legal service: Care of the MD, Sharks Academy, Kings Park, Isiah Ntshangase Road, Durban, 4001
Main business: Multi-Purpose Venue and Rugby
Website address: www.sharksacadey.co.za
Official email address: firstname.lastname@example.org
Membership of self-regulatory or accreditation bodies: Not applicable
Codes of conduct to which We subscribe: Not applicable
Governing Terms and Conditions: These Terms and Conditions.
Manual in terms of the Promotion of Access to Information Act 2 of 2000: Not applicable
Management: MD: Hans Scriba
Costs associated with the Access to and use of The Website: There are no costs associated with Access to The Website
Dispute resolution: Set out above in these Terms and Conditions
Cooling off period: Not applicable.
Complaints process: See "Rights Infringement" clause above.
You agree that:
You are bound by these Terms and Conditions;
this agreement shall be deemed to have been concluded in Durban at the time that You Access the Sites for the first time;
data messages addressed by You to Us shall be deemed to have been -
received if and when responded to;
sent by You within the geographical boundaries of the Republic of South Africa;
You shall be deemed to have been received data messages that We address to You as detailed in section 23(b) of the ECT Act;
electronic signatures, encryption and/or authentication are not required for valid electronic communications between You and Us;;
as well as warrant that data messages that You send to Us from a computer, IP address or mobile device normally used by You, was sent and/or authorised by You personally.
These Terms and Conditions constitute the whole agreement between You and Us relating to your Access to and use of the Sites.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which We may show, grant or allow You shall operate as an estoppel against Us in respect of Our rights under these Terms and Conditions nor shall it constitute a waiver by Us of any of our rights and We shall not thereby be prejudiced or stopped from exercising any of Our rights against You which may have arisen in the past or which might arise in the future.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and The Sharks and You shall not hold Yourself out as the agent or partner of The Sharks or as being in a joint venture with The Sharks.