WEBSITE TERMS OF USE
AGREEMENT TO TERMS
These Terms of Use establish a legally binding agreement between you, whether acting in an individual capacity or on behalf of an organization (“you”), and Eversdal Gymnastics Club (“Company,” “we,” “us,” or “our”). This agreement pertains to your access to and use of the website www.eversdalgymnastics.com (and/or www.e-gymnastics.co.za), as well as any other media forms, channels, mobile websites, or applications related to, linked with, or connected to the aforementioned site (collectively referred to as the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE YOUR USE.
Supplemental terms and conditions, as well as documents that may be posted on the Site from time to time, are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to modify these Terms of Use at any point and for any reason. Any changes will be communicated by updating the "Last updated" date of these Terms of Use, and you waive your right to receive individual notifications of each change. It is your responsibility to periodically review these Terms of Use to remain informed of any updates. By continuing to use the Site after revised Terms of Use are posted, you will be deemed to have accepted these changes.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation.. Therefore, individuals who choose to access the Site from other locations do so at their own initiative and are solely responsible for ensuring compliance with local laws, as applicable.
The Site is intended for users who are interested in our services, in terms of gymnastics training or information related to our sport.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Site constitutes our proprietary property, encompassing all functionalities, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), as well as our trademarks, and logos contained therein. These elements are owned or controlled by us and are safeguarded by copyright laws, and various other intellectual property rights.
The Content is presented on the Site “AS IS” for informational and personal use only. Except as explicitly permitted in these Terms of Use, no part of the Site, including any Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.
Provided you are eligible to use the Site, you are granted access and utilize the Site and to download or print a copy of any portion of the Content to which you have legitimately gained access, solely for personal, non-commercial use. We reserve all rights not expressly granted to you concerning the Site or the Content.
USER REPRESENTATIONS
By accessing the Site, you represent and warrant that: (1) you possess the legal capacity to agree to these Terms of Use; (2) you are not a minor; (3) you will not access the Site through automated or non-human means, including bots, scripts, or similar methods; (4) you will refrain from using the Site for any illegal or unauthorized purposes; and (5) your use of the Site will comply with all applicable laws and regulations.
PROHIBITED ACTIVITIES
Users are prohibited from accessing or utilizing the Site for any purposes beyond those for which it has been made available. The Site is not to be employed in connection with any commercial activities unless expressly endorsed or authorized by us.
As a user of the Site, you agree to refrain from the following:
USER GENERATED CONTRIBUTIONS
The Site does not currently allow users to submit or post content. However, we may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This includes, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). Please be aware that Contributions may be visible to other users of the Site and through third-party websites. Consequently, any Contributions you transmit may be managed in accordance with the Site's Privacy Policy. By creating or making available any Contributions, you represent and warrant that:
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and utilize any information or personal data you provide, in accordance with the terms set out in the Privacy Policy and your preferences (including settings). By submitting suggestions or feedback about the Site, you grant us the right to use and share that feedback for any purpose without compensation to you. We do not claim ownership over your Contributions; you retain full ownership of all Contributions and any associated intellectual property rights. We are not liable for any statements or representations made in your Contributions on the Site. You are solely responsible for your Contributions and agree to release us from any and all responsibility, refraining from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge that any questions, comments, suggestions, ideas, or feedback regarding the Site (collectively referred to as “Submissions”) that you provide are non-confidential and will become our exclusive property. We will hold all rights, including intellectual property rights, and are entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you. You waive all moral rights to these Submissions and affirm that they are original to you or that you have the right to submit them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, at our discretion, breaks the law or these Terms of Use, including reporting such users to law enforcement; (3) refuse or restrict access to, limit availability of, or disable (as technologically feasible) any of your Contributions or parts thereof; (4) remove from the Site or disable content that is excessively large or burdensome to our systems, without notice or liability; and (5) manage the Site in a way that protects our rights and property and ensures the Site functions properly.
PRIVACY POLICY
We prioritize data privacy and security. By using the Site, you agree to adhere to our Privacy Policy, which is integrated into these Terms of Use. Note that the Site is hosted in South Africa. If you access the Site from regions with laws governing personal data collection, use, or disclosure that differ from South African laws, your continued use of the Site means you consent to the transfer and processing of your data in South Africa.
TERM AND TERMINATION
These Terms of Use will remain effective while you utilize the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AT OUR DISCRETION, FOR ANY REASON OR NO REASON AT ALL, including breaches of any representation, warranty, or covenant in these Terms or applicable law. We may terminate your use of the Site or delete any content you posted at any time, without prior notice, at our sole discretion. If we terminate or suspend your account for any reason, you are barred from registering or creating a new account under any name, whether yours, a fictitious one, or a third party's name, even if acting on behalf of that party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive measures.
MODIFICATIONS AND INTERRUPTIONS
We retain the right to change, modify, or remove content from the Site at our discretion without prior notice. However, we have no obligation to update information on the Site. We also reserve the right to modify or discontinue any part of the Site without notice. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Site. We cannot guarantee that the Site will always be available, as we may encounter hardware, software, or other issues, or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site at any time, without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime or discontinuation. Nothing in these Terms of Use obligates us to maintain and support the Site or to provide corrections, updates, or releases related to it.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and manage costs for any dispute, controversy, or claim related to these Terms of Use (each a “Dispute”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such negotiations will begin upon written notice from one Party to the other.
Restrictions
The Parties agree that arbitration will be limited to individual disputes between them. To the fullest extent permitted by law: (a) no arbitration shall be combined with any other proceeding; (b) there is no right for any dispute to be arbitrated on a class-action basis; and (c) there is no authority for any dispute to be brought in a representative capacity on behalf of the public or others.
CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update information on the Site at any time without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR CONTENT LINKED TO THE SITE AND WILL NOT BE LIABLE FOR ANY ERRORS, PERSONAL INJURIES, PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SERVERS, INTERRUPTIONS IN TRANSMISSION, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.
LIMITATIONS OF LIABILITY
THE OWNER, OUR EMPLOYEES, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand made by any third party due to: (1) your use of the Site; (2) a breach of these Terms of Use; (3) a breach of your representations and warranties in these Terms of Use; (4) violation of third-party rights, including intellectual property rights; or (5) any harmful act towards another user of the Site with whom you connected through the Site. We reserve the right to assume exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate at your expense.
USER DATA
We will maintain certain data you transmit to the Site for managing performance and data related to your use. While we perform routine backups, you are solely responsible for all data you transmit or that relates to your activities on the Site. You agree we are not liable for any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending emails, and completing online forms, you engage in electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES AND POLICIES. You waive any rights under laws requiring original signatures or non-electronic record retention.
MISCELLANEOUS
These Terms of Use and any policies we post on the Site constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right. These Terms operate to the fullest extent permissible by law. We may assign our rights and obligations at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our control. If any provision is deemed unlawful, void, or unenforceable, it will be severed, and the remaining provisions will remain effective. No joint venture, partnership, employment, or agency relationship is created by these Terms. You agree that these Terms will not be construed against us for drafting them. You waive any defenses based on the electronic form of these Terms.
CONTACT US
To resolve complaints or receive further information regarding the Site, please contact us at:
Eversdal Gymnastics Club
1 Kerk St, Arauna, Brackenfell, Cape Town, 7560
WhatsApp: 0610076982
[email protected]
These Terms of Use establish a legally binding agreement between you, whether acting in an individual capacity or on behalf of an organization (“you”), and Eversdal Gymnastics Club (“Company,” “we,” “us,” or “our”). This agreement pertains to your access to and use of the website www.eversdalgymnastics.com (and/or www.e-gymnastics.co.za), as well as any other media forms, channels, mobile websites, or applications related to, linked with, or connected to the aforementioned site (collectively referred to as the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE YOUR USE.
Supplemental terms and conditions, as well as documents that may be posted on the Site from time to time, are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to modify these Terms of Use at any point and for any reason. Any changes will be communicated by updating the "Last updated" date of these Terms of Use, and you waive your right to receive individual notifications of each change. It is your responsibility to periodically review these Terms of Use to remain informed of any updates. By continuing to use the Site after revised Terms of Use are posted, you will be deemed to have accepted these changes.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation.. Therefore, individuals who choose to access the Site from other locations do so at their own initiative and are solely responsible for ensuring compliance with local laws, as applicable.
The Site is intended for users who are interested in our services, in terms of gymnastics training or information related to our sport.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Site constitutes our proprietary property, encompassing all functionalities, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), as well as our trademarks, and logos contained therein. These elements are owned or controlled by us and are safeguarded by copyright laws, and various other intellectual property rights.
The Content is presented on the Site “AS IS” for informational and personal use only. Except as explicitly permitted in these Terms of Use, no part of the Site, including any Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.
Provided you are eligible to use the Site, you are granted access and utilize the Site and to download or print a copy of any portion of the Content to which you have legitimately gained access, solely for personal, non-commercial use. We reserve all rights not expressly granted to you concerning the Site or the Content.
USER REPRESENTATIONS
By accessing the Site, you represent and warrant that: (1) you possess the legal capacity to agree to these Terms of Use; (2) you are not a minor; (3) you will not access the Site through automated or non-human means, including bots, scripts, or similar methods; (4) you will refrain from using the Site for any illegal or unauthorized purposes; and (5) your use of the Site will comply with all applicable laws and regulations.
PROHIBITED ACTIVITIES
Users are prohibited from accessing or utilizing the Site for any purposes beyond those for which it has been made available. The Site is not to be employed in connection with any commercial activities unless expressly endorsed or authorized by us.
As a user of the Site, you agree to refrain from the following:
- Systematically extract data or content from the Site to create or compile, either directly or indirectly, a collection, compilation, database, or directory without our explicit written consent.
- Circumvent, disable, or interfere with security features of the Site, including those that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or its content.
- Disparage, tarnish, or otherwise damage our reputation and/or that of the Site.
- Use any information obtained from the Site to harass, abuse, or harm others.
- Misuse our support services or submit false reports of abuse or misconduct.
- Utilize the Site in a manner that violates any applicable laws or regulations.
- Use the Site to promote or sell goods and services without authorization.
- Engage in unauthorized framing or linking to the Site.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful materials, including excessive capitalization and spamming (repetitive text), that disrupts any party’s uninterrupted use of the Site or alters its features, functions, operations, or maintenance.
- Engage in automated use of the system, such as using scripts to send comments or messages, or employing data mining, robots, or similar data gathering and extraction tools.
- Remove copyright or other proprietary rights notices from any content.
- Attempt to impersonate another user or individual, or use another user’s username.
- Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (GIFs), 1×1 pixels, web bugs, cookies, or similar devices (often referred to as "spyware" or "passive collection mechanisms").
- Disrupt, interfere with, or create an undue burden on the Site or its connected networks and services.
- Harass, annoy, intimidate, or threaten any of our employees or agents who are providing any portion of the Site to you.
- Attempt to bypass measures of the Site designed to prevent or restrict access to any part of the Site.
- Copy or adapt any software associated with the Site, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any software that comprises or is part of the Site.
- Except through standard search engine or Internet browser usage, deploy, launch, develop, or distribute any automated system, including but not limited to spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or utilize unauthorized scripts or software.
- Employ a buying agent or purchasing agent to make purchases on the Site.
- Engage in unauthorized usage of the Site, including collecting usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited emails, or creating user accounts through automated means or under false pretenses.
- Utilize the Site as part of any effort to compete with us or to exploit the Site and/or its content for revenue-generating purposes or commercial enterprises.
USER GENERATED CONTRIBUTIONS
The Site does not currently allow users to submit or post content. However, we may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This includes, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). Please be aware that Contributions may be visible to other users of the Site and through third-party websites. Consequently, any Contributions you transmit may be managed in accordance with the Site's Privacy Policy. By creating or making available any Contributions, you represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and utilize any information or personal data you provide, in accordance with the terms set out in the Privacy Policy and your preferences (including settings). By submitting suggestions or feedback about the Site, you grant us the right to use and share that feedback for any purpose without compensation to you. We do not claim ownership over your Contributions; you retain full ownership of all Contributions and any associated intellectual property rights. We are not liable for any statements or representations made in your Contributions on the Site. You are solely responsible for your Contributions and agree to release us from any and all responsibility, refraining from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge that any questions, comments, suggestions, ideas, or feedback regarding the Site (collectively referred to as “Submissions”) that you provide are non-confidential and will become our exclusive property. We will hold all rights, including intellectual property rights, and are entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you. You waive all moral rights to these Submissions and affirm that they are original to you or that you have the right to submit them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, at our discretion, breaks the law or these Terms of Use, including reporting such users to law enforcement; (3) refuse or restrict access to, limit availability of, or disable (as technologically feasible) any of your Contributions or parts thereof; (4) remove from the Site or disable content that is excessively large or burdensome to our systems, without notice or liability; and (5) manage the Site in a way that protects our rights and property and ensures the Site functions properly.
PRIVACY POLICY
We prioritize data privacy and security. By using the Site, you agree to adhere to our Privacy Policy, which is integrated into these Terms of Use. Note that the Site is hosted in South Africa. If you access the Site from regions with laws governing personal data collection, use, or disclosure that differ from South African laws, your continued use of the Site means you consent to the transfer and processing of your data in South Africa.
TERM AND TERMINATION
These Terms of Use will remain effective while you utilize the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AT OUR DISCRETION, FOR ANY REASON OR NO REASON AT ALL, including breaches of any representation, warranty, or covenant in these Terms or applicable law. We may terminate your use of the Site or delete any content you posted at any time, without prior notice, at our sole discretion. If we terminate or suspend your account for any reason, you are barred from registering or creating a new account under any name, whether yours, a fictitious one, or a third party's name, even if acting on behalf of that party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive measures.
MODIFICATIONS AND INTERRUPTIONS
We retain the right to change, modify, or remove content from the Site at our discretion without prior notice. However, we have no obligation to update information on the Site. We also reserve the right to modify or discontinue any part of the Site without notice. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Site. We cannot guarantee that the Site will always be available, as we may encounter hardware, software, or other issues, or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site at any time, without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime or discontinuation. Nothing in these Terms of Use obligates us to maintain and support the Site or to provide corrections, updates, or releases related to it.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and manage costs for any dispute, controversy, or claim related to these Terms of Use (each a “Dispute”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such negotiations will begin upon written notice from one Party to the other.
Restrictions
The Parties agree that arbitration will be limited to individual disputes between them. To the fullest extent permitted by law: (a) no arbitration shall be combined with any other proceeding; (b) there is no right for any dispute to be arbitrated on a class-action basis; and (c) there is no authority for any dispute to be brought in a representative capacity on behalf of the public or others.
CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update information on the Site at any time without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR CONTENT LINKED TO THE SITE AND WILL NOT BE LIABLE FOR ANY ERRORS, PERSONAL INJURIES, PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SERVERS, INTERRUPTIONS IN TRANSMISSION, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.
LIMITATIONS OF LIABILITY
THE OWNER, OUR EMPLOYEES, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand made by any third party due to: (1) your use of the Site; (2) a breach of these Terms of Use; (3) a breach of your representations and warranties in these Terms of Use; (4) violation of third-party rights, including intellectual property rights; or (5) any harmful act towards another user of the Site with whom you connected through the Site. We reserve the right to assume exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate at your expense.
USER DATA
We will maintain certain data you transmit to the Site for managing performance and data related to your use. While we perform routine backups, you are solely responsible for all data you transmit or that relates to your activities on the Site. You agree we are not liable for any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending emails, and completing online forms, you engage in electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES AND POLICIES. You waive any rights under laws requiring original signatures or non-electronic record retention.
MISCELLANEOUS
These Terms of Use and any policies we post on the Site constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right. These Terms operate to the fullest extent permissible by law. We may assign our rights and obligations at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our control. If any provision is deemed unlawful, void, or unenforceable, it will be severed, and the remaining provisions will remain effective. No joint venture, partnership, employment, or agency relationship is created by these Terms. You agree that these Terms will not be construed against us for drafting them. You waive any defenses based on the electronic form of these Terms.
CONTACT US
To resolve complaints or receive further information regarding the Site, please contact us at:
Eversdal Gymnastics Club
1 Kerk St, Arauna, Brackenfell, Cape Town, 7560
WhatsApp: 0610076982
[email protected]