TERMS AND CONDITIONS
entered into
between
SPORTSITE GLOBAL (REID No. GICO.117840-34) (“Company”)
and THE ADVERTISER and THE END USER
NOW
THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.
INTERPRETATION
AND PRELIMINARY
The headings of the clauses in these Terms and Conditions are for
the purpose of convenience and reference only and shall not be used in the
interpretation of nor modify nor amplify the terms of these Terms and
Conditions nor any clause hereof. Unless a contrary intention clearly appears:
1.1 Words
importing:
1.1.1 any
one gender include the other two genders;
1.1.2 the
singular includes the plural and vice versa; and
1.1.3 natural
persons include created entities (corporate or unincorporated) and the state
and vice versa;
1.2 The
following terms shall have the meanings assigned to them hereunder and cognate
expressions shall have a corresponding meaning, namely:
1.2.1 “Advertiser” means any natural or
juristic person, including its employees, representatives or agents, which
contracts with Sportsite to place adverts on the Website;
1.2.2 “Terms and Conditions” means this
agreement and all annexures hereto, if any;
1.2.3 “API” means application programming
interface which consists in a set of clearly defined methods of communication
between various software components;
1.2.4 “Business Day” means any day other than
a Saturday, Sunday or public holiday in South Africa;
1.2.5 “Client” means the Advertiser and/or the
End User;
1.2.6 “Cookies” means a small file placed on
the Client’s device that enables Sportsite to inter alia recognize repeat users
of the Website, tracks the Client's behaviour and activity on the Website, and
display focused advertising to the Client;
1.2.7 “Content” means any data, text, files,
information, usernames, images, graphics, photos, profiles, audio and video
clips, sounds, musical works, works of authorship, applications, links and
other content or materials submitted by a Client to the Website;
1.2.8 “End-User” means any user of the
Website, who is not an Advertiser, specifically as “athlete” or a “fan”;
1.2.9 “Minimum Age” means 13 (thirteen)
years old. However, if law requires that the Client must be older in order for the
Company to lawfully provide the Services to them without parental consent
(including using of your personal data) then the Minimum Age is such older age;
1.2.10 “Party” means either Sportsite or the
Client or both, as the context may require;
1.2.11 “Personal Information” means the
definition of Personal Information as contained in Section 1 the Protection of
Personal Information Act, No. 4 of 2013, as amended from time to time;
1.2.12 “Privacy Policy” means Sportsite’s the
Company’s privacy policy as specifically set out in clause 5 of these Terms and
Conditions;
1.2.13 “Services” means the Website, Company-branded apps, Company learning and
other related sites, apps, communications and other services, including the
offsite collection of data for those Services, such as ads and plugins, if any;
1.1.14 “Sportsite” means SPORTSITE GLOBAL (REID
No. GICO.117840-34) with registered address at Suite 2B, 143 Main Street,
Gibraltar;
1.1.15 “Sportsite Content” means material,
information, data, software, icons, text, graphics, lay-outs, images, sound
clips, video clips, logos trademarks, designs and service marks which appear on
the Website and which is owned or licensed for use by Sportsite;
1.1.16 “Website” means the website accessed at
www.sportsite.global as well as mobile applications which are owned and
operated by Sportsite.
2. INTRODUCTION
Sportsite is a social networking and online platform for sports people
of all sporting disciplines. End-Users and Advertisers alike use the Website to
connect with, and follow each other to share and consume information related to
their chosen sporting discipline/s.
3.
REGISTRATION
AND USE OF THE WEBSITE
3.1 By
registering to use the Website and accepting these Terms and Conditions, the
Client agrees, warrants and undertakes that:
3.1.1 The
Client is older than 13 years oldhas reached the Minimum Age, failing which,
the Client has the requisite parental or guardian permission to use the Website
and its features;
3.1.2 by
default the Client’s account will be public, unless it is manually changed to a
private account when the feature becomes available, subject to the Privacy
Policy;
3.1.3 All
Content posted by the Client will be truthful. Notwithstanding the
aforementioned, Sportsite does not confirm or warrant the authenticity or
truthfulness or correctness of any Content on the Website;
3.1.4 All
Content posted by the Client will not contain or promote hate speech, violence,
nudity or partial nudity, discrimination of any kind, unlawful or illicit
activity, pornography or sexually suggestive Content;
3.1.5 The
Client is wholly responsible for any activity that occurs through the Client’s
account and that the Client shall not sell, transfer, license or assign their
account, fans, username, or any other account rights to any other person or
entity;
3.1.6 The
Website is not a data backup service. Clients are encouraged to ensure their
Content is fully backed up outside of the Website’s servers;
3.1.7 The
Client’s account has been created by the user himself/itself and not on behalf
of the Client, its employer or clients;
3.1.8 All
information and particulars furnished to Sportsite during the registration of
the Client’s account will at all times be true, accurate, current and complete
and that should it become necessary, the Client’s account will be updated to
maintain the accuracy and truthfulness of the account;
3.1.9 The
Client will not solicit, collect or use the login credentials of other Website
End-Users.
3.1.10 The
Client shall be solely responsible for ensuring the Client’s password is kept secret
and secure and that the password is sufficiently strong;
3.1.11 The
Client shall not defame, stalk, bully, abuse, harass, threaten, impersonate or
intimidate any other End-User, and will not post private or confidential
information via the Website;
3.1.12 The
Client shall be solely responsible for their conduct and any Content;
3.1.13 The
Website shall not be used for any illegal or unauthorized purpose and that all
laws, rules and regulations applicable to the use of the Website and the submission
of Content shall be complied with;
3.1.14 The
Client shall not create, change or alter another website or mobile application
so as to create the false impression that it is associated with or endorsed by
the Website or Sportsite;
3.1.15 Sportsite
shall be entitled to place advertising and promotional Content on the Website;
3.1.16 The
Client shall not access the Website’s API by means other than those permitted
by Sportsite and the Website;
3.1.17 The
Client shall not create, spread or disseminate unwanted email or online
communications, comments, reactions or other forms of commercial or harassing
communications to any Website users;
3.1.18 No
domain names or web Uniform Resource Locator (URLs) will be used in the
Client’s username without having obtained prior written consent from Sportsite;
3.1.19 The
Client shall not interfere with or disrupt the Website, servers or networks
connected to the Website, including but not limited to the transmission of any
worms, viruses, spyware, malware or any other code of a destructive or
disruptive nature;
3.1.20 The
Client shall l not inject Content or code or otherwise alter or interfere with
the way any Website page is rendered or displayed in a End-User’s browser or
device;
3.1.21 The
Client shall not create accounts with the Website through unauthorized means,
including but not limited to, by using an automated device, script, bot,
spider, crawler or scraper;
3.1.22 The
Client shall not attempt to restrict an End-User from using or enjoying the
Website;
3.1.23 The
Client shall not encourage or facilitate violations of these Terms and
Conditions;
3.2 Any
violations of these Terms and Conditions may, in Sportsite's sole discretion,
result in the termination, suspension or deactivation of the Client’s account
on the Website, without notice to the Client.
3.3 Sportsite
shall be entitled to make use of Cookies. The Client may disable Cookies
through the Client’s browser.
4. OWNERSHIP
AND INTELLECTUAL PROPERTY
4.1 Sportsite
does not claim ownership over any Content posted on or submitted to the Website
by the Client.
4.2 By
agreeing to these Terms and Conditions, the Client hereby grants Sportsite a
non-exclusive, fully paid and royalty free, transferable, sub-licensable
worldwide license to use the Content, subject to the Website’s Privacy Policy.
4.3 Sportsite
Content is owned or licensed for use by Sportsite and is protected by copyright
and trademark laws. The Client shall not acquire any right, title or interest
in the Website or the Sportsite Content. By agreeing to these Terms and
Conditions, the Client herby warrants and undertakes that they shall not
imitate, copy or use, in whole or in part, any Content without the prior
written consent of Sportsite.
5.
PRIVACY POLICY
5.1 Sportsite
will take all reasonable measures to respect, protect, maintain and uphold the
privacy of its Clients, in accordance with the Privacy Policy detailed below.
5.2 All
End-Users will be required to provide Sportsite with their Personal Information
in order to create an accurate profile, and provide a verification method for
user safety, which includes but is not limited to:-
5.2.1 name
and surname;
5.2.2 email
address;
5.2.3 physical
address;
5.2.4 gender;
5.2.5 mobile
number; and
5.2.6 date
of birth.
5.3 The
Client warrants and undertakes to inform Sportsite of any changes to their
Personal Information as soon as is reasonably possible so that Sportsite may
maintain updated Personal Information on all Clients.
5.4 The
provisions of Section 51 of the Electronic Communications and Transactions Act,
No. 25 of 2002 apply, as if specifically incorporated herein.
5.5 Sportsite
warrants and undertakes that it shall:
5.5.1 Maintain
the strict confidential nature of all personal information, subject to these
Terms and Conditions;
5.5.2 Take
appropriate technical and organizational measures in order to ensure that the
Client’s Personal Information is kept secure and is protected against
unauthorised or unlawful processing, access, disclosure, accidental loss,
destruction, damage or alteration;
5.5.3 Notify
the Client immediately, in writing, upon becoming aware of any unauthorised
use, disclosure or processing of the Client’s Personal Information;
5.5.4 Upon
reasonable notice and request, provide the Client with reasonable evidence of compliance
with Sportsite’s obligations in terms of these Terms and Conditions;
5.5.5 At
the request of the Client and within 30 (thirty) days of written request,
destroy or return any of the Client’s Personal Information under Sportsites
control except that which Sportsite shall be legally obliged to retain.
5.6 In
order to ensure the integrity and confidentiality of a Client’s Personal Information,
Sportsite warrants and undertakes that it shall:
5.6.1 Identify
all reasonably foreseeable internal and external risks to Personal Information
in its possession or under its control;
5.6.2 Establish
and maintain appropriate safeguards against the risks identified;
5.6.3 Regularly
verify that the safeguards are effectively implemented; and
5.6.4 Ensure
that the safeguards are continually updated in response to new risks or
deficiencies in previously implemented safeguards.
5.7 Sportsite
warrants and undertakes that it shall not, without obtaining the Client’s
express prior consent, utilise the Client’s Personal Information for any
purposes other than:
5.7.1 if
the Client is an Advertiser, in relation to the requesting, placement and
payment of an advert;
5.7.2 to
contact the Client in relation to new services offered by Sportsite or the
Website and the provision of marketing or promotional material, unless the Client
has expressly opted out from receiving marketing material from Sportsite and
the Website;
5.7.3 to
improve the Clients interaction with and experience on the Website.
5.8 Sportsite
warrants and undertakes that it shall not, without obtaining the Client’s
express prior consent, dispose of the Client’s Personal Information to any
third party, other than as set out hereunder:
5.8.1 to
Sportsite’s third party service providers who provide fraud prevention,
marketing and technology services to Sportsite and who, under contract with
Sportsite, are prohibited from utilising the Client’s Personal Information for
any purpose other than the purpose for which it was provided;
5.8.2 to
Sportsite’s employees, agents and service providers where such Personal Information
may be required for effective and efficient communication between Sportsite,
the Website and the Client;
5.8.3 upon
or in contemplation of the sale, merger or change in control of Sportsite to a
third party, subject to the provisions of these Terms and Conditions.
5.9 Notwithstanding
the aforementioned, Sportsite shall be entitled to use or disclose the Client’s
Personal Information if such use or disclosure is required in order to comply
with any applicable law, subpoena, order of court or legal process with which
Sportsite is ordered to comply.
6.
DISCLAIMERS
AND LIMITATION OF LIABILITY
6.1 Sportsite
shall not be liable for modification, suspension or discontinuation of the
Website or the loss of Content arising from whatsoever cause.
6.2 Use
of the Website is entirely at the Client’s own risk. The Client assumes full
responsibility for any risk or loss resulting from the use of the Website or
any reliance upon Content hosted on the Website.
6.3 Sportsite
makes no representations, warranties or undertakings, whether express or
implied, as to the accuracy, truthfulness, quality, reliability, or integrity
of the Website itself or of any Content on the Website.
6.4 Sportsite
hereby disclaims liability for any damage, loss or expense, whether direct or
indirect, arising out of or in connection with the use of the Website or
reliance on the Content on the Website, sustained by the Client, or any other
party.
6.5 The
Client hereby indemnifies, waives all claims against and holds harmless Sportsite
against any loss or damage, however so arising, suffered by the Client, as a
result of disclosure of Personal Information to a third party.
6.6 Any
views or statements made or expressed on the Website are not necessarily the
views of Sportsite, its directors, employees or agents.
6.7 Sportsite
does not warrant that the Website itself, or any Content available on the
Website shall be free of worms, viruses, trojans, spyware, malware or any other
code of a destructive or disruptive nature.
7.
ONLINE
PAYMENT PROCESSING TERMS
7.1 Sportsite
is a business in the mobile application, web application and social media
industry that provides a platform for athletes to market themselves to
organisations as well as “fans”.
7.2 Purchases
are for digital advertising space, and subject to availability and receipt of
payment.
7.3 Requests
will be processed immediately, and delivery confirmed by way of automated
receipt.
7.4 The
provision of goods and services by Sportsite is subject to availability. In
cases of unavailability, Sportsite will refund the Client in full within 30 (thirty)
days of receipt of written request. Cancellation of orders by the Client will
attract a 10% (ten percent) administration fee. Notwithstanding the
aforementioned, Advertisers who place adverts on the Website warrant and
undertake that no refund may be claimed from Sportsite. Advertisers will
pre-approve each adverts reach before proceedings to payment.
7.5 Sportsite
shall take all reasonable steps to protect the Personal Information of users.
For the purpose of this clause, “Personal
Information” shall be defined as detailed in the Promotion of Access to
Information Act, No. 2 of 2000 (“PAIA”).
The PAIA may be viewed on the website. In addition to the aforementioned,
Sportsite’s Privacy Policy as specifically set out in these Terms and
Conditions shall apply to all Clients.
7.6 Payment
may be made via Visa, MasterCard and PayPal when the advertising feature becomes
live.
7.7 Card
transactions will be acquired for Sportsite via Braintree. Users may go to www.braintree.com
to view their security certificate and security policy.
7.8 Customer
details will be stored by Sportsite separately from card details. For more
detail on Braintree refer to www.braintree.com
7.9
The merchant outlet country at the time of presenting payment options to the
cardholder is Gibraltar Transaction currency in United States Dollars (USD).
7.10 Sportsite
takes responsibility for all aspects relating to the transaction including sale
of digital advertising space sold on this Website, customer service and
support, dispute resolution and delivery of goods.
7.11 The
Website is governed by the laws of South Africa and Sportsite chooses as its domicilium citandi et executandi for all
purposes hereof, whether in respect of court process, notice, or other
documents or communication of whatsoever nature, at 21 Wallflower Street,
Paarden Eiland, 7441, Western Cape.
7.12 Sportsite
may, in its sole discretion, change these Terms and Conditions or any part
thereof at any time without notice.
7.13 The
Website is run by SPORTSITE GLOBAL (REID No. GICO.117840-34) based in Gibraltar,
trading as Sportsite, with Registration Number SPORTSITE GLOBAL (REID No.
GICO.117840-34).
7.14
Sportsite’s registered and physical address is Suite 2B, 143 Main Street,
Gibraltar; and is contactable via email at support@sportsite.global and
telephonically at +27 21 510 0552.
8.
GENERAL
8.1 Sportsite
may, in its sole discretion, at any time and for any reason and without prior
written notice to the Client, suspend, deactivate or terminate the operation of
the Website or the Client’s use of and access to the Website.
8.2 Upon
suspension, deactivation, suspension or termination of the Website or the
Client’s use of the Website, all Content submitted by the Client will cease to
be available to the Client; however, such Content may continue to exist on the
Website by virtue of having been shared by other Clients.
8.3 Upon
suspension, deactivation or termination of the Website all licenses and other
rights granted to the Client in terms of these Terms and Conditions shall
immediately lapse.
8.4 Sportsite
may, in its sole discretion, at any time and for any reason and without prior
written notice to the Client force forfeiture of a Client’s username.
8.5 Sportsite
may, in its sole discretion, at any time and for any reason and without prior
written notice to the Client, but without an obligation to do so, remove, edit,
block or monitor Content or a Client’s account.
8.6 The
Client shall be responsible for all data charges incurred through the use of
the Website.
8.7 These
Terms and Conditions constitutes the whole agreement between the Parties
relating to the subject matter hereof.
8.8 Subject
to the Company’s rights contained herein, no variation, amendment or consensual
cancellation of These terms and Conditions or any provision or term thereof or
any agreement or other document issued or executed in terms of these Terms and
Conditions and no settlement of any disputes arising under these Terms and
Conditions and no extension of time, waiver or relaxation or suspension of any
of the provisions or terms of these Terms and Conditions or other document
issued in terms of these Terms and Conditions shall be binding unless recorded
in a written document signed by the Parties. Any such extension, waiver or
relaxation or suspension which is so given or made shall be strictly construed
as relating strictly to the matter in respect whereof it was made or given.
8.9 No
extension of time or waiver or relaxation of any of the provisions or terms of
these Terms and Conditions, shall operate as an estoppel against any party in
respect of its rights under these Terms and Conditions, nor shall it operate so
as to preclude such party thereafter from exercising its rights strictly in
accordance with these terms and Conditions.
8.10 No
Party shall be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein, whether it induced the contract and/or
whether it was negligent or not.
8.11 No
failure by a Party to enforce any term of these Terms and Conditions will
constitute a waiver of such term or affect in any way such Party’s right to
require the performance of such term at any time in the future, nor will a
waiver of a subsequent breach nullify the effectiveness of the term itself.
8.12 If
any term or part of any term of these terms and Conditions is for any reason
whatsoever, including a decision by any court, any legislation or any other
requirement having the force of law, declared or becomes unenforceable, invalid
or illegal, the remainder of these Terms and Conditions shall not be affected
and the invalid provision or part shall be replaced or amended.
9.
SPONSORSHIP PROGRAMS
9.1 Sportsite is in no way liable or responsible for the delivery of sponsorships on the platform. Sportsite merely provides a platform to connect athletes and brands, or users with other users, but may, from time to time and in its sole discretion, run competitions, which may include sponsorship programs.
9.2 Where such sponsorship programs are offered, winners will be determined by a number of factors, all of which will be at The Committee’s discretion, which may include the number of likes per post. In general, in the case of a tie, total number of followers on the account will determine the position of the post. In the case of that also yielding a tie, the final decision rests with an appointed committee and will be on a discretionary basis.
9.3
The judges’ decision will be final and no correspondence will be entered into. Winners will, in general, be announced on the Sportsite platform and in some cases on other Sportsite Social Media pages or via direct message between the giver and receiver. The prize(s) may be taken as stated and in some cases an alternative will be offered due to stock availability and delivery options. If prize is not available for any reason whatsoever, a similar prize of equal or lesser value will be offered and cash compensation of the difference will not be offered. This is up to the discretion of the judges, due to stock and will be considered full and final settlement of the Sponsorship deal.
9.4 The Committee reserves the right to accept or reject any entry.
10.
TALENT SCOUTS
10.1 Sportsite provides a platform for talent scouts to connect with athletes and users on the app, but is in no way responsible for these connections and/or their (un)successful delivery.
10.2 Sportsite platform allows for Talent Scouts to upload an advert detailing the position, and the application process will be completed by successful upload of post by the athlete, after the athlete's post having been linked to the advert. Any further action between the talent scout and the athlete is independent of Sportsite, and the athlete does not hold Sportsite, its employees or contractors liable or responsible for any eventuality as a result of connecting with the talent scout.
10.3 The Committee reserves the right to accept or reject any entry.
11.
PAYMENTS, FEES AND PREMIUM SUBSCRIPTION
11.1 Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Sportsite) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Sportsite, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at support@sportsite.global
11.2 Fees
“Sportsite Premium Subscription” : Premium subscription plan is a monthly plan , where first month is on us. In order to access certain functionality of the Services, including but not limited to a premium subscription or PRO version of Sportsite, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly basis. All subscription fees are payable in advance. You agree to pay the subscription fees, and other charges you incur in connection with your Sportsite account, whether on a one-time or subscription basis. Sportsite reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
11.3 Auto-Renewal
Subscription fees will be billed automatically at the start of the monthly period, as applicable. These fees will auto-renew until your subscription is terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
11.3 Cancellation of subscription
If you signed up on Sportsite, you may cancel your subscription by visiting your “Profile” page and selecting “Subscription Membership.” If you signed up through the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
11.4 Free Trials
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your subscription at any time by going to your account settings page inside your profile page.