Terms of Services

1. INTRODUCTION

1.1 IMPORTANT NOTICE: The Platforms referred in this Terms of Service include, but are not limited to, all such websites, social media profiles, Google profiles and otherwise. Where one Platform is referred to it is inclusive of any and all others.

1.2 Our Platform is operated by Athlete Connect (Pty) Ltd t/a Athlete Connect, a company registered in the Republic of South Africa (Registration Number: 2023/275275/07) having its registered office at Unit 18, 11 Waltham Road, Saxonwold, Johannesburg, Gauteng, 2132. Throughout the site, the terms “we”, “us” and “our” refer to Athletic Connect or Athlete Connect SA. Offers on its Platforms, including all information, tools and services available from them to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here or any of the Platforms controlled by us.

1.3 These Terms of Service set out the terms of the agreement between you and us ("the Agreement") under which we will provide you with access to the information and services we offer from time to time via the Platforms located at: (a) www.athleteconnect.co.za (b) IG: @athleteconnectsa (c) Youtube: Athlete Connect SA and (d) Tik Tok: Athlete Connect SA and operated by us (collectively "the Platforms").

1.4 By using the Platforms and our goods and/or services, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions contained in this Terms of Service, please do not continue to use the Platforms.

1.5 It is, therefore, very much in your interests to read them carefully.

1.6 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advanced authorization, permission and consent to be bound by these Terms of Service before interacting with any of our Platforms.

1.7 If there is anything in this Agreement that you do not understand then please contact us as soon as possible - see clause 11 below for contact details.

2. SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("The Act")

2.1 Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:

2.1.1 All our contact details are set out in clause 11 below.

2.1.2 Goods and/or Services: The goods and/or services provided through the Platforms are various services which enable you to create a profile for the intended purpose, as well as, but not limited to, departing and receiving communications from us and relevant third parties as per our Privacy Policy.

2.1.3 Complaints and Disputes:

2.1.3.1 We are bound by the Consumer Goods and Services Industry Code and are a participant in the Consumer Goods and Services Ombud Scheme. An electronic copy of the Code is available at http://goo.gl/EsdPQf. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please contact us via athleteconnectsa@gmail.com.

2.1.3.2 In the event of your complaint not being resolved to your reasonable satisfaction by us within 15 (fifteen) business days of having notified us or such extended period as agreed between us and yourself, you are entitled to approach the Consumer Goods and Services Ombud within a reasonable time, who will assist in resolving the dispute: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: info@cgso.org.za / complaints@cgso.org.za Fax: 086 206 1999 Physical Address: Consumer Goods & Services Ombud Association House Bond Street Business Park 374 Kent Avenue Randburg South Africa Postal Address: P.O. Box 3815 Randburg South Africa 2125

2.1.4 Policies: Our policies are set out in this Agreement below. As provided for in section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of the Platforms.

3. USE OF THE PLATFORMS

3.1 You agree to use the Platform for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use these Platforms from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.

3.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:

  • 3.2.1 any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
  • 3.2.2 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
  • 3.2.3 any content that constitutes an invasion of privacy; or
  • 3.2.4 any content that is an infringement of any intellectual property right; or
  • 3.2.5 any content that contains software viruses; or
  • 3.2.6 any content that constitutes a political statement, commercial solicitation, or "Spam".

3.3 Although Athlete Connect does not purport to review (nor is it under any obligation to review) any submitted content, it reserves the right to remove any content from the Platforms where it deems such content, in its sole and absolute discretion, to be an infringement of Clause 3 or harmful in anyway whatsoever. Should you place on or submit to the Website any such harmful content or should you breach any clause in these Terms of Service, Athlete Connect SA may immediately terminate and/or suspend your access to all or parts of the Platforms, without any further notice to you.

3.4 You warrant that:

  • 3.4.1 you own or otherwise control all rights to any and all content that you may submit to the Platforms; and
  • 3.4.2 any use of such content will not cause injury or harm to any person or entity; and
  • 3.4.3 You hereby agree to indemnify, defend and hold harmless Athlete Connect and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any and all claims of whatever nature resulting from any content placed or submitted by you on the Platforms, including but not limited to:
    • 3.4.3.1 Any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party;
    • 3.4.3.2 Any loss or damage or otherwise resulting from the intentional or negligent misuse of your Private Information as contained in this Terms of Service and that of the Privacy Policy;
    • 3.4.3.3 Any loss or damage or otherwise relating to the exercise or non-exercise of rights as contained in this Terms of Service and that of the Privacy Policy.

3.5 By submitting personal images and videographic clips for the purposes of athlete recruitment or any such lawful purpose, as well reviews, comments and/or any other content (other than your Personal Information) to Athlete Connect for posting on the Platforms, you automatically grant Athlete Connect and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

3.6 The following activities on or through the Website are expressly prohibited:

  • 3.6.1 any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon, without the prior written authority of Athlete Connect ; and
  • 3.6.2 the collection or use of any listings, descriptions, and/or lists from the Platforms for the benefit of a competing merchant that supplies products and/or services comparable to those offered on the Platforms; and
  • 3.6.3 any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Platforms, or otherwise interferes with the proper and timely functioning of the Platforms;
  • 3.6.4 any attempt to gain unauthorised access to the Platforms or its related systems or networks;
  • 3.6.5 accessing the Platforms for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
  • 3.6.6 the reverse engineering or decompiling of the Platform to (without limitation) (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Platforms.

3.7 When you register on the Platforms, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Platforms and you accept full liability for all activities that occur on or involves the Platforms under your User Name. You may not:

  • 3.7.1 allow other people to use your User Name and Password; or
  • 3.7.2 impersonate another User or any third party; or 3.7.3 provide false information to gain access to the Platforms

3.8 You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.

3.9 Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on the Platforms, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from the Platforms.

3.10 Without limiting the generality of the aforegoing, the Platforms could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the Platforms prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of the Platforms.

4. INTELLECTUAL PROPERTY

4.1 All content included on Platforms, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software ("the Content"), is the property of Athlete Connect or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Platforms is the exclusive property of Athlete Connect and is protected by South African and international copyright laws.

4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Athlete Connect SA or the copyright owner.

4.3 You may not "mirror" any content contained on the Platforms on any other server unless with the prior written permission of Athlete Connect SA.

4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Website, provided that the link does not portray Athlete Connect, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Athlete Connect logo or any other proprietary graphic, trade name or trademark whatsoever as part of the link without the express written permission of Athlete Connect SA, its affiliates and/or content suppliers.

4.5 All trademarks and trade name are and shall remain the exclusive property of Athlete Connect.

4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

5. EXCLUSIVITY

5.1 Should an athlete and or their legal guardian create a profile with Athlete Connect SA, such persons agrees to be exclusively represented by the Company, to the exclusion of any other entity performing the same service, in so far as sport recognition and recruitment services are concerned;

5.2 Should an athlete or their legal guardian be found to simultaneously hold a profile, or be affiliated with, a competitor of the Company within the Republic of South Africa, such User may be liable to personally damages as a result of breach;

5.3 Any sporting body, agent, recruiter or franchise brand (collectively “Recruiters”), holding a membership and/or profile with Athlete Connect, agrees to be bound by this clause 5;

5.4 Any Recruiter in terms of clause 5.3 who shares data accumulated as a result of their affiliation with the Company, either directly or indirectly, to a third-party may be liable to damages as a result of breach;

5.5 It is understood, by both Users as well as Recruiters, that any access to protected data which results in the signing of a User to being affiliated with a professional sporting institution, and/or a University, and/or any sporting entity for which the User receives remuneration, that such signing and subsequent affiliation be a result of the Company’s services, for which the Company is entitled to a Finder’s Fee;

5.6 This clause is applicable to all Users an/or Recruiters for the duration of which their profile is active on our Platforms; and

5.7 Should a profile be deactivated, this clause 5 will still be applicable where any data that the User and/or Recruiter had access to resulted in the acquisition of an athlete as described in this Terms of Service, be it directly or indirectly related to the Company’s services.

6. LIMITATION OF LIABILITY

6.1 Whilst every attempt is taken by Athlete Connect to ensure your security when making use of the Platform, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website are virus- or error-free. We therefore caution you to check all emails, attachments and files before downloading them.

6.2 We may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.

6.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Platforms, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Platforms (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.

6.4 Information provided by Athlete Connect does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.

6.5 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with Athlete Connect ’s Services, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of the confidentiality of such information.

7. OUR LIABILITY TO YOU

7.1 We shall not be liable to you in contract, delict (including for negligence) or otherwise:

  • 7.1.1 for any amount in respect of any damage or loss arising from the consequences of your use of the Platforms, viruses received by you via the Platforms or of our failure to provide access to the Platforms in accordance with this Agreement; or
  • 7.1.2 for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Platforms or through any viruses; or
  • 7.1.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).

7.2 Each provision of this clause 7 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.

8. CHANGES, SUSPENSION, AND TERMINATION

8.1 We may alter and/or amend the Platforms at any time without giving notice to you,

8.2 We may suspend or terminate the Platforms at any time without giving notice to you.

8.3 Athlete Connect may terminate your account/profile at any time for any reason, including any improper use of the Platforms or your failure to comply with any provision of this Agreement.

8.4 Such termination shall not affect any right or remedy to relief to which Athlete Connect may be entitled.

8.5 Upon termination of this Agreement, all rights granted to you will terminate and revert to Athlete Connect.

8.6 Athlete Connect may at any time modify these Terms of Service without notice to you. If you are not satisfied with the amended Terms of Service, you should refrain from using the Platform, as your continued use of the Platforms is deemed to constitute your acceptance of the Terms of Service as amended and in force at the time of your use.

8.7 We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.

8.8 We accordingly advise you to read and take note of these Terms of Service each and every time you visit the Platforms, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms of Service as available on the Platforms whenever you visit the Platforms.

9. MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for our products are subject to change without notice;
  2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time; and
  3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.

10. PRODUCTS OR SERVICES

  1. Certain products or services may be available exclusively online through the Platforms. These products or services may have limited quantities and are subject to return or exchange only according to our applicable Return Policies;
  2. We have made every effort to display as accurately as possible the colours and images of our products, as well as the accuracy of our service offering, that appear on the Platforms. We cannot guarantee that your computer monitor’s display of any colour will be accurate;
  3. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;
  4. All descriptions of our services or service pricing, products or product pricing, are subject to change at any time without notice, at the sole discretion of the Company; and
  5. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

11. ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address;
  2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; and
  3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

12. ATHLETE CONNECT SOCIAL MEDIA TERMS AND CONDITIONS

  1. Our Social Media Platforms. We are active on Instagram, Youtube and Tik Tok.
  2. Keep communications clean. We respect other people’s rights and expect you to do the same when posting on our social media platforms. We reserve the right to delete any comments submitted to our social media platforms that are deemed to be malicious, hateful, or offensive, including but not limited to racist, sexist, or religiously discriminating remarks.
  3. Keep communications legal. Do not post content on any of our social media platforms that infringes or violates someone else’s rights or otherwise violates the law.

13. Athlete Connect PRIVACY AND COOKIE POLICY

  1. This clause 9 provides details about our Privacy and Cookie Policy, which Policy forms part of this Agreement and read in conjunction with our Privacy Policy. Athlete Connect takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
  2. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
  3. Your use of our services signifies your consent to us collecting and using your personal information as specified in the Privacy Policy (which may be amended from time to time).

14. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Gauteng Division of the High Court, Johannesburg in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and us with regard to the use of the Website.

15. CONTACT DETAILS

In the event that you need to contact us for purposes related to this Agreement, please make use of the following contact details:

  • Email: athleteconnectsa@gmail.com
  • Registered Address (and address for legal service):
  • 11 Waltham Road - Unit 8
  • Saxonwold
  • Johannesburg
  • Gauteng
  • 2132
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