Terms and Conditions
STANDARD TERMS AND CONDITIONS OF THE SOUTH AFRICAN SPORTS LAW ASSOCIATION
1. INTRODUCTION
These terms and conditions will apply to membership applications, all bookings, engagements with, attendance or use of a seminar, conference, workshop, networking event, webinar, online profile or other similar service or product hosted, offered, organised or to be hosted, offered or organised by the South African Sports Law Association (‘SASLA’) or any of its representatives and marketed as such (‘the Event’). All bookings will be subject to confirmation by SASLA and once confirmation of a booking has been sent the booking will be confirmed.
2. DEFINITIONS
2.1. “Agreement” means these terms and conditions, the Invoice, the Membership Registration, Event Registration Booking and the Member’s acceptance of the Membership or Event Registration.
2.2. “Profile” means Internet Identity with SASLA.
2.3. “SASLA” means South African Sports Law Association, a non-profit voluntary association.
2.4. “the Member” means a person or company who uses the services of SASLA.
2.5. ‘‘Personal Information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
3. REGISTRATION OR RENEWAL OF MEMBERSHIP AND/OR REGISTRATION OF EVENTS
3.1. All Members are required to register for their membership package on the SASLA website, the same applies to renewal of membership.
3.2. All Members wishing to attend an event must register on the SASLA website for the required event hosted.
3.3. A booking will be deemed to be finalised once payment has been received.
3.4. If a Member has booked an event but does not receive a confirmation 7 (seven) working days prior to the Event date, it is the responsibility of the Member to contact SASLA on info@sasportslawassociation.co.za and events@sasportslawassociation.co.za and follow-up on the booking.
3.5. Registration closes 24 (twenty-four) hours prior to each event. Late registrations shall only be permitted if the Member has made prior arrangements with events@sasportslawassociation.co.za
3.6. Venues, times, topics, presenters, programme offerings, and online schedules are subject to change without notice and are determined solely at the discretion of SASLA.
4. PAYMENT
4.1. Payment for registration or renewal of membership or an event can be made through the integrated pay gate system on the website that will be automatically generated.
4.2 Should the pay gate system not be operational for whatever reason, an invoice shall be generated and sent to the Member for payment by electronic funds transfer (EFT).
4.3. No Member will be permitted entry to an event without receiving payment in advance.
4.4. EFT Payments
4.4.1. Once a payment has been made, Members must submit proof of same, clearly stating the invoice number that appears on the invoice.
4.4.2. Proof of payment or queries on payments should be emailed to accounts@sasportslawassociation.co.za
5. CANCELLATIONS AND REFUNDS
5.1. Event Cancellations by SASLA
5.1.1. The event may be cancelled by SASLA, without prior notice. In this circumstance the Member has the option to attend the live webinar or watch the recording of the event online or transfer the booking to another event.
5.1.2. The Member shall not be entitled to receive a refund of the event fee except in circumstances where:
5.1.2.1. there was an overbooking by SASLA; or
5.1.2.2. the Event was cancelled by SASLA.
5.2. Cancellation by the Member
5.2.1. Members wishing to cancel a paid online or webinar event booking must send a written cancellation notice to events@sasportslawassociation.co.za. The Member will be entitled to:
5.2.1.1 a full refund on condition that cancellation is made at least 7 days prior to the event; and
5.2.1.2 no refund of the booking fee for cancellations made less than 7 days before the event.
5.2.2 Members wishing to cancel a paid in-person event booking must send a written cancellation notice to events@sasportslawassociation.co.za . Member shall be entitled to:
5.2.2.1 30% refund of the booking fee for cancellations made 7 days before the event; or
5.2.2.2 50% refund of the booking fee for cancellations made 14 days before the event.
5.2.3. Telephonic cancellations will not be accepted.
5.2.4. Members wishing to cancel their membership must send a written cancellation notice to info@sasportslawassociation.co.za. There shall be no refunds for cancellation of membership unless membership is cancelled within 30 days of joining SASLA.
6. MEMBERSHIP SUBSCRIPTIONS
6.1. Subscription payment option service is offered on a once off (prepaid) annual basis. Payment will therefore be upfront via EFT or through a pay gate system for the 12 month period. At the end of the 12 month period the membership is automatically terminated unless application for renewal is made on the website.
6.2. Webinars for all active members are free.
6.3. You have an option to attend a selected number of events per year, as part of your package at a discounted fee. If you wish to attend a seminar or networking event in person, it is your responsibility to register for the event in advance so that we can advise the venue of our expected Member numbers and to accommodate any dietary requirements.
6.4. Once you have signed up you will receive access to your personal profile. A username and password will be allocated to you. Webinars and slide presentations will be automatically allocated to your profile.
6.5. Such termination will take effect from:
6.5.1. The last day of the month in which the termination notice is received, if the termination notice is received in the first 3 (three) days of beginning of the month taking into effect the notice period; or
6.5.2. The last day of the next month if the termination notice is not received in time for cancellation of the same month.
7. COOLING-OFF PERIOD
7.1. All payments by means of an electronic transaction shall be subject to section 44 (Cooling-Off Period) of the Electronic Communications and Transactions Act No 25 of 2002, as amended (“ECTA”). As such, Members shall be entitled to cancel this agreement without reason or penalty within 7 (seven) days after the date of an event booking.
7.2. If the cooling-off period under clause 7.1 does not apply, and a person is a consumer protected by the Consumer Protection Act No 68 of 2008 and the person makes a booking as a result of direct marketing, then that person shall be entitled (under section 16 (consumer’s right to cooling-off period after direct marketing) of the Consumer Protection Act) to cancel this agreement within 5 (five) business days after the date of the booking by writing and submitting a detailed explanation, with full contact details to accounts@sasportslawassociation.co.za
7.3. The cooling-off rights contemplated in clause 7.1 above shall not apply, or shall immediately cease to apply, to the extent permitted by law, where the Member has accessed, downloaded, streamed, viewed, received, activated, or otherwise made use of any webinar recording, online event recording, audio or video content, presentation, course material, software, digital resource, electronic document, or similar digital content supplied in connection with the booking. The Member acknowledges that section 42(2)(g) of ECTA provides that the cooling-off rights contained in section 44 do not apply where audio or video recordings or computer software have been unsealed by the consumer, and agrees that access to or use of such digital content shall constitute acceptance and use of the content for purposes of this exception.
7.4. Where a Member cancels a booking after receiving access to any digital content referred to in clause 7.3, or within 14 (fourteen) prior to the commencement of the event, the Member shall not be entitled to a full refund. The Association shall be entitled to retain a reasonable portion of the booking fee to account for administrative costs, reserved attendance capacity, and the value of any digital content already supplied. Any refund granted shall be determined by the Association in its reasonable discretion and in accordance with applicable law.
8. SUBSTITUTIONS
8.1. Members are entitled to substitute bookings that have been confirmed.
8.2. Only written substitution requests will be considered.
8.3. Telephonic requests for substitution will not be accepted.
8.4. A request for substituting a Member for another must be submitted to SASLA in writing 24 (twenty-four) hours before the date of the event.
8.5. No late substitution requests will be considered.
8.6. Requests for substitution must be sent to events@sasportslawassociation.co.za
9. LIMITATION OF LIABILITY
9.1. In no event shall SASLA be liable for any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.
9.2. SASLA and the Member hereby indemnifies each other against damage to any property, whether personal or real, and death or injury to persons to the extent caused by the negligence of the other party.
9.3. SASLA reserves the right to make changes to the published and/or advertised content in connection with its services without prior notice to the Member.
10. INTELLECTUAL PROPERTY
10.1. All intellectual property rights of whatever nature, including but not limited to copyright, trademarks, patents, designs, know-how, trade secrets, proprietary methodologies, training materials, course content, manuals, templates, presentations, slides, handouts, recordings, webinars, workshops, seminars, online events, assessments, written materials, electronic content, and any other material made available by SASLA (“Materials”), shall remain the sole and exclusive property of SASLA.
10.2. Nothing contained in this Agreement shall be construed as transferring any intellectual property rights to the Member. The Member is granted only a limited, non-exclusive, non-transferable access and may use the materials solely for the Member’s personal educational and professional development purposes.
10.3. The Member shall not, whether directly or indirectly:
10.3.1. record, photograph, screen-record, video-record, audio-record, reproduce, copy, download, store, distribute, publish, broadcast, stream, upload or otherwise capture any webinar, online event, virtual training session, workshop, seminar, presentation or course offered by SASLA, unless expressly authorised in writing by SASLA;
10.3.2. share, distribute, transmit, disseminate, provide access to, sell, lease, lend or make available to any third party any webinar recording, course recording, presentation, slides, handout, training material, course material, notes, assessments, templates, documents or any other materials provided by SASLA;
10.3.3. permit any third party to attend, view, access or participate in any webinar, online event, training session or course using the Member’s registration, login credentials or membership details; or
10.3.4. reproduce, adapt, modify, translate, reverse engineer, create derivative works from or commercially exploit any of the materials in any manner whatsoever.
10.4. The Member acknowledges that all materials provided by SASLA are confidential and proprietary in nature and that any unauthorised recording, copying, reproduction, distribution or disclosure thereof may cause SASLA substantial harm for which damages alone may not be an adequate remedy.
10.5. Any notes taken by the Member during a webinar, event, training session or course shall be used solely for the Member’s personal purposes and may not be shared, circulated, published or distributed to any third party without the prior written consent of SASLA.
10.6. In the event of a breach of this clause, SASLA shall be entitled, without prejudice to any other rights or remedies available in law or under this Agreement, to:
10.6.1. immediately suspend or terminate the Member’s membership and access to SASLA services;
10.6.2. demand the immediate deletion and removal of any unauthorised recordings or copies of the Materials;
10.6.3. seek urgent interdictory relief, specific performance and/or damages; and
10.6.4. recover all legal costs incurred in enforcing its rights on the attorney and client scale.
10.7. The Member shall execute any documents and do all things reasonably necessary to give effect to SASLA’s ownership of the intellectual property rights contemplated in this clause.
11. FORCE MAJEURE
11.1. Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
11.2. In the unlikely event of the above, SASLA will endeavour to reschedule at a mutually convenient date and/ or venue and SASLA will not be liable for any loss or expenses caused to the Member.
12. DOMICILIUM
12.1. The Member designates the address furnished by him/her in their membership application as its domicilium citandi et executandi (“domicilium”) for any notice/s, the serving of any process and for any other purposes arising from this Agreement.
12.2. SASLA designates the address Supersport Park – 83 West Avenue, Die Hoewes, Centurion as its domicilium for any notice/s, the serving of any process and for any other purposes arising from this Agreement.
13. ENTIRE AGREEMENT
13.1. This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Member and SASLA relating to the Services.
13.2. Any amendments to this Agreement shall be in writing and signed by both parties.
14. GOVERNING LAW AND JURISDICTION
14.1. The Parties agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa.
14.2. The parties agree to the jurisdiction of the South Gauteng High Court in relation to any legal proceedings which may result from the Agreement, provided that SASLA is entitled in its discretion to institute any such legal proceedings in any other competent court.
15. COSTS
15.1. In the event of a Member breaching any obligation under this agreement and SASLA deeming it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, the Member shall be liable for:
15.1.1. Tracing agent fees (if required);
15.1.2. Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act;
15.1.3. Collection Commission will be charged on an instalment paid to the debt collector or paid directly to SASLA following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
15.2. In the event of a Member breaching any obligation under this agreement and the SASLA deeming it necessary, in its sole discretion, to engage the services of an attorney to enforce its rights (including the right to receive payment), the Member shall be liable for:
15.2.1. Tracing agent fees (if required);
15.2.2. The attorney’s costs on an attorney and client scale;
15.2.3. Collection Commission will be charged on an instalment paid to the attorney or paid directly to SASLA following handover of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
15.3. SASLA’s attorney or debt collector (as the case may be) shall on receiving a payment from a Member, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to SASLA and finally towards the capital amount due to SASLA.
16. PRIVACY POLICY
16.1. SASLA does not collect or store personal information about you when you visit this website, except where otherwise stated, unless you choose to provide this information to us. However, we collect, and store certain information automatically as follows:
16.1.1. The Internet Protocol (IP) address and the name of the host from which you access the Internet, the browser type and version you are using to access the site, the operating system and version you are running on your machine, the date and time you access our site, the pages you peruse, and the Internet address of the website from which you linked directly to our site;
16.1.2. Visitors to the SASLA website have no explicit or implicit expectation of privacy. The website uses software programs to monitor network traffic to identify unauthorised attempts to change, delete information or otherwise cause damage. Any or all visits to the SASLA website are subject to these conditions;
16.1.3. We use the summary statistics to help us make our site more useful to visitors (such as assessing what information is of the most and least interest to visitors) and for other purposes such as determining the site’s technical design specifications and identifying system performance or problem areas; and
16.1.4. This information is NOT shared with anyone beyond the support staff for the SASLA website, except as required for site security purposes, to ensure that the SASLA website remains available to all users and when required by law enforcement investigation. We use the information only as a source of anonymous statistical information and no other attempts are made to identify Member users or their usage habits.
17. YOU AUTHORISE US, SUBJECT TO ANY APPLICABLE LAWS, TO –
17.1. Obtain capture, store, analyse and use for our marketing purposes your viewing habits and profile;
17.2. Use information that we may have in relation to you for the purposes of:
17.2.1. Processing your request;
17.2.2. Administering the service;
17.2.3. Informing you of any new aspects of the service or services provided by our affiliates;
17.2.4. Informing you of activities; and
17.2.5. Notifying you of a General Amendment.
17.3. Disclose your personal information:
17.3.1. To companies affiliated with us for purposes of marketing their services (subject to your right to refuse such disclosure of your personal information);
17.3.2. To any company which acquires our business or any part thereof, or which we acquire;
17.3.3. To agents, representatives or service providers which we appoint to process your request, administer the service or provide customer management services;
17.3.4. To our payment system providers in order to facilitate the collection of your fees using payment systems owned and operated by third parties; or
17.3.5. If, and to the extent that we are required to do so, to comply with any Applicable Law; and
17.3.6. Retain your personal information referred to in this clause for as long as we are required to do so in terms of Applicable Laws or in order to exercise or protect any of our rights.
17.4. It is your responsibility to ensure that the information which you provide to us is complete, accurate and up to date.
18. HELP AND COMPLAINTS
If you have any questions about this Policy or need assistance, please do not hesitate to contact us at info@sasportslawassociation.co.za
19. AMENDMENTS
We reserve the right to vary the terms of this Policy. It is your responsibility to familiarise yourself with the most recent version of this Policy each time you access our site before you elect to make use thereof.