ACADEMY TERMS AND CONDITIONS

The information set out below describes how our relationship works. The terms and conditions also include our Code of Conduct and Disciplinary Code (collectively “the Terms and Conditions”). Please make sure that You read and understand the Terms and Conditions which include inter alia our policies concerning behavior and disciplinary action.

When You enroll the Participant with the SA Cricket Academy (“the Academy”) or in any way utilise any services offered by the Academy, you are deemed to have read, understood and agreed to these terms and conditions as unmodified by You. Should You not agree to these terms please do not submit the application for enrolment of Your child/student with the Academy. Submission of the application for enrolment and/or participation implies acceptance to the Terms and Conditions.

Important clauses that limit Our responsibility or involve some risk for You may be in bold and You must pay special attention to these clauses.

Any queries or complaints should be made in writing to: info@sacricketacademy.co.za

DEFINITIONS

Defined terms used in these Terms and Conditions will begin with a capital letter and have the meanings set out below:

1.1. “Academy” means Training center. Whose address and contact details are available on the Academy’s Website;

1.2. “Academy’s Website” means www.sacricketacademy.co.za;

1.3. “Business Day” means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

1.4. “Business Hours” means the hours between 08h00 and 17h00 on a Business Day;

1.5. “Code of Conduct” means the Academy’s code of conduct available on the Academy’s Website;

1.6. “CPA” means the Consumer Protection Act 68 of 2008;

1.7. “Disciplinary Code” means the Academy’s disciplinary code which is available on the Academy’s Website;

1.8. “ECTA” means the Electronic Communications and Transactions Act, 2002;

1.9. “Effective Date” means the date on which You receive confirmation of acceptance of Your application for enrolment for the Participant;

1.10. “Participant” means the child/student whose details were completed on the enrolment application;

1.11. “Personal Information” means information that identifies or relates specifically to You and/or the Participant;

1.12. “Services” means cricket coaching services to be provided to the Participant as selected by You and agreed to by Us;

1.13. “Terms and Conditions” means these terms and conditions as set out herein including the Code of Conduct and Disciplinary Code;

1.14. “We”, “Us”, “Our” means the Academy.

1.15. “You” means the parent/s and/or guardian/s of the Participant and/or the Participant as applicable.

COMMENCEMENT AND DURATION

2.1. The agreement by and between the Academy and You shall commence on the Effective Date.

2.2. Places on all courses are limited and will be allocated on a first come, first served basis. If a course is oversubscribed, applicants/Participants (as applicable) will may be placed on a reserved list or offered a place on a later date.

2.3. The agreement shall be for a 12 (twelve) month period from the Effective Date, unless cancelled by you on

20 (twenty) business days’ notice in writing to the Academy. Should You cancel the agreement prior to expiry thereof, You shall be liable for a reasonable cancellation penalty, which You agree shall be equal to 1 (one) months’ membership fee in respect of the Services.

2.4. The Academy shall notify You in writing of:

(a) the impending expiry date of the agreement, not more than 80 (eighty) and not less than 40 (forty) business days before the expiry date;

(b) any material changes that would apply if the agreement is to be renewed or may otherwise continue beyond the expiry date; and

(c) that on expiry of the fixed term of the agreement, it will be automatically continued on a month to month basis, subject to any material changes of which We have given You notice, unless You expressly instruct Us to terminate the agreement on the expiry date or agree to a renewal of the agreement for a further fixed term.

2.5. The Academy shall notify You in writing of:

(a) the impending expiry date of the agreement, not more than 80 (eighty) and not less than 40 (forty) business days before the expiry date;

(b) any material changes that would apply if the agreement is to be renewed or may otherwise continue beyond the expiry date; and

(c) that on expiry of the fixed term of the agreement, it will be automatically continued on a month to month basis, subject to any material changes of which We have given You notice, unless You expressly instruct Us to terminate the agreement on the expiry date or agree to a renewal of the agreement for a further fixed term.

2.6. The Academy may cancel the agreement 20 (twenty) business days after giving written notice to You of a material failure by You to comply with the agreement, unless You have rectified the failure within that time.

2.7. Provisions of the ECTA apply to transactions and communications that are executed electronically by a natural person. You shall be provided with an opportunity in respect of all electronic transactions to:

(a) review the entire electronic transaction;

(b) correct any mistakes; and

(c) withdraw from the transaction before final confirmation of the transaction.

2.8. Subject to the exclusions in section 42(2) of the ECTA, should section 44 of the ECTA be applicable, You are entitled to cancel the agreement within 7 (seven) days after the Effective Date, without penalty. In the event that the ECTA does not apply to this agreement, then section 16 of the CPA may apply where this agreement arose from direct marketing.

FEES

3.1. You will be liable for the fees applicable to the Services You have selected for the Participant, and which are set out on the Academy’s Website and/or communicated to You from time to time.

3.2. You may elect to pay the fees as follows:

(a) Annually in advance by electronic funds transfer;

(b) 6 (six) monthly in advance by electronic funds transfer; or

(c) monthly in advance via debit order.

3.3. Should you elect to pay the fees monthly:

(a) You agree to a debit order for the monthly fee to be deducted from Your bank account;

(b) Fees shall be levied monthly in advance and deduced via debit order on or about the last working day of the month immediately prior to the month in respect of which the fees are levied. Fees for the month of January of any year shall be deducted via debit order on or about the 18th of December;

(c) You certify that You are the holder of the credit card, or an authorized signatory on the bank checking account detailed on the debit order form;

(d) Any cancellation of debit order requests must be made in writing to accounts@sacricketacademy.co.za;

(e) If a direct debit is returned unpaid by the financial institution You will be responsible for the payment of the debt plus any return fees and administrative / dishonor fee incurred by the Academy.

3.4. The Participant’s membership/enrolment with the Academy will only be secured once We have received payment as per 3.2(a) or 3.3(b) or a debit order has been set up and confirmed in respect of 3.2(c).

3.5. Fees shall increase annually as determined by the Academy. The Academy shall give You no less than 1 (one) calendar month’s written notice of any price increase.

SERVICES

4.1. The Academy shall be entitled at its sole discretion to withdraw any Services at any time giving 20 (twenty) business days’ notice.

4.2. All courses, activities and venues are subject to change according to weather, programming and a satisfactory level of numbers of participants.

PERMISSIONS

You give the Participant permission to participate in the sporting and extracurricular activities of the Academy and to go on approved Academy tours and excursions related to such cricket/sporting extracurricular activities.

5.1. You agree that if in the opinion of the head coach of the Academy or his/her delegate deputy, an emergency has arisen and medical treatment is deemed necessary for the Participant, the head coach of the Academy or his/her delegated deputy shall have the authority (which is hereby delegated to the extent such delegation may be required) to consent to such medical treatment including medical intervention, on Your behalf.

5.2. You accept that all reasonable precautions will be taken to ensure that safety of the Participant and that You will be responsible for the payment of all medical and/or hospital accounts.

5.3. By enrolling the Participant with the Academy, You confirm that the Participant is physically capable of participating in the sporting and/or extracurricular activities and is in good health.

5.4. You give the Academy permission to use and publish photographs and/or videos that may be recorded by the Academy from time to time, in which the Participant may be seen.

5.5. If you are not the Participant’s parent or guardian, You confirm that you have made such parent or guardian fully aware of his/her participation in the Services and of the Terms and Conditions applicable thereto.

PRIVACY AND PERSONAL INFORMATION

6.1. The Academy may need to provide, collect, use, store or process Personal information as defined in the Protection of Personal Information Act 4 OF 2013 (“POPI”), and You hereby authorise such collection, use, storage and processing where deemed necessary by the Academy. This shall only be done in accordance with the provisions of POPI, to the extent that it is necessary for the purposes of the Terms and Conditions and in accordance with lawful and reasonable instructions of the person to whom the personal information relates.

6.2. The Academy is required by law to protect Your personal information and Your privacy is important to Us. The Academy undertakes:

(a) not to use or disclose to third parties, Your personal information for any other purposes than that which the Academy discloses to You, unless You give the Academy your express written permission to do so, or the Academy is required by law to do so; and

(b) to delete or destroy all personal information that has become obsolete.

LIMITATION OF LIABILITY

7.1. The limitation of liability set out below does not limit any of the Academy’s obligations to You in terms of the CPA, as applicable.

7.2. You acknowledge, on behalf of the Participant that You are aware that participating in cricket coaching or cricket games is a potentially hazardous activity. You assume all risks associated with the Participant’s participation in this sport and coaching with the Academy, whether at the Academy’s premises or other premises, including but not limited to falls, contact with other participants, balls, equipment and other reasonable risk conditions associated with the sport.

7.3. You indemnify the Academy, its representatives and/or agents, including property owner and coaches/educators against liability for any claim, loss or damage of any kind that may arise whatsoever, including death of or injury to the Participant, including consequential loss, arising from or occasioned by the Participants participation in such sporting or extra-curricular activities and/or tours and excursions.

7.4. The Academy shall not be liable to You for any breach or delay in the provision of the Services, arising out of any cause beyond its reasonable control, whether or not such incident could have been foreseen.

ELECTRONIC COMMUNICATION

8.1. You agree to receive electronic communication from the Academy. If you no longer wish to receive such communication please advise the Academy in writing to info@sacricketacademy.co.za.

8.2. The Academy may send You administrative and promotional emails from time to time. You shall be entitled to elect to opt out from any of the Academy’s promotional correspondence by clicking on the “unsubscribe” link in the email correspondence.

8.3. Any electronic communication sent to You will be regarded as having been received by You upon being sent by the Academy.

8.4. The Academy takes reasonable steps to protect your personal information and maintain confidentiality, but cannot and does not guarantee the security of any information You transmit to the Academy electronically or via the Academy’s website, which shall be at Your own risk.

BREACH OF CONTRACT

9.1. If You fail to pay any amount due to us on due date thereof or breach any of the Terms and Conditions, and fail to remedy such breach within 20 (twenty) business days after receipt of notice to that effect from the Academy, the Academy shall be entitled without prejudice to its rights in law or in terms of the Terms and Conditions to:

(a) terminate this agreement and claim damages without further notice or demand; and/or

(b) suspend or terminate the Services to the Participant for such period as the Academy shall in its sole discretion determine to be suitable, taking into account the seriousness of the breach.

9.2. You shall be liable for all costs incurred by Us in the recovery of any monies hereunder including collection charges, tracing agent’s fees and attorney and own client costs, whether incurred prior to or during the institution of legal proceedings, or if judgment has been granted, in connection with the satisfaction or enforcement of any such judgment, as well as Our reasonable administration charges incurred in attempting to collect the debt prior to handover to our attorney.

9.3. In the event of the Academy terminating the agreement with You in terms of 9.1(b), the Academy shall in addition to any damaged it may be entitled to claim from You, be entitled to payment of one month’s notice as penalty.

NOTICES

10.1. We elect as our address for all purposes regarding the Terms and Conditions the following address:

11 Holt Road W, Parkmore, Sandton, Johannesburg. A copy of any correspondence sent to our address above, must also be sent to our email address info@sacricketacademy.co.za.

10.2. You elect as Your address for all purposes regarding the Terms and Conditions, the address submitted in your application for enrolment with the Academy.

10.3. Either party will be entitled from time to time by written notice to the other party to change his/her/its respective domicilium addresses to any other address within the Republic of South Africa, provided that the addresses shall always be a street address at which the service of legal processes can be effected.

10.4. Any notice which:

(a) is delivered by hand at the addressee’s street address domicilium shall be deemed to have been received by the addressee at the time of delivery; or

(b) is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the domicilium shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the seventh day after the date of posting; or

(c) if transmitted by email to the addressee at the domicilium shall be deemed to have been received by the addressee on the date of transmission or, if the transmission is made out of normal business hours, on the first business day following after the date of transmission.

DISPUTES

Except in the event that urgent or interim relief is required to be sought from a court having the necessary jurisdiction, should a dispute arise between the parties, that cannot be resolved by negotiation by the parties, the dispute shall be submitted to arbitration. Any arbitration arising out the Terms of Conditions shall be confidential and shall be conducted in accordance with the expedited rules stipulated by the Arbitration Foundation of South Africa which rules can be downloaded from www.arbitration.co.za/download/expedited_rules.pdf.

INTELLECTUAL PROPERTY

12.1. All content, trademarks and data on the Academy’s Website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements are our property, or are being used by Us with permission of the owner thereof and are protected by local and international legislation and agreements.

12.2. Any copyright relating to the Academy’s Website, including our Terms and Conditions is held by Us and You may only view and print content from the Website for private and non-commercial purposes. Any enquiries regarding the use of content on the Website for non-private or commercial purposes must be addressed to info@sacricketacademy.co.za.

12.3. In addition to the aforegoing, no person, whether natural or juristic, or website may be linked to any page on the Academy’s Website without our prior written consent.

12.4. We may from time to time include links to other websites. We cannot be held responsible for the content displayed on such websites and we do not necessarily approve of or agree with such content.

GENERAL Whole Agreement

13.1. Other than as expressly provided in the Terms and Conditions, all warranties, conditions and other

terms, whether express or implied, by statute, common law or otherwise are hereby excluded, to the extent permitted by law.

Jurisdiction

13.2. The parties consent to the jurisdiction of the Magistrates’ Court notwithstanding the fact that such action or proceedings may be beyond the jurisdiction of such court and this clause will be regarded as constituting the necessary written consent granting jurisdiction to the Magistrate’s Court in terms of Section 45 of the Magistrates’ Court Act 1944, as amended. Notwithstanding the aforegoing, the Academy shall be entitled, but not obliged, to bring any action or proceeding in any other court.

Severability

13.3. Each and every term of these Terms and Conditions must be read as separable from the other Terms and Conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the other terms and conditions will remain valid and enforceable, despite any invalidity or unenforceability of an individual term.

Non-Waiver

13.4. The failure of any party to require performance of any provision of the Terms and Conditions at any time, shall not affect the right of such party to require performance of that provision or of any other provision in the future. No waiver by either party with respect to a breach of any provision of the Terms and Conditions shall be construed as a waiver with respect to any continuing or subsequent breach of that provision, or as a waiver of any other right in the Terms and Conditions.

Cession and Assignment

13.5. You shall not cede or assign or in any other manner transfer any of your rights or obligations under the Terms and Conditions without the Academy’s prior written consent, which consent shall not unreasonably be withheld. The Academy shall be entitled to assign or otherwise delegate all or any of its rights or obligations under the Terms and Conditions to any person without prior notice to You.

Legislation

13.6. The Terms and Conditions are subject to, inter alia, where applicable, the provisions of the ECTA and CPA and any of the terms that are in conflict with any of the compulsory provisions of the ECTA and/or CPA will be deemed to have been amended so as to comply with such provisions of the aforementioned legislation.

Events Beyond the Academy’s Control

13.7. The Academy shall not be liable for any breach of our obligations under the Terms and Conditions where the Academy is hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

Warranty of Capacity

13.8. You warrant that you have the contractual capacity to enter into this agreement with the Academy and We reserve the right to treat all misrepresentations by You as a fraud and You indemnify the Academy against any loss or damage that we may sustain resulting from such misrepresentation.

Variation and Amendments to Terms and Conditions

13.9. The Academy reserves the right in its sole discretion to vary or amend the Terms and Conditions from time to time without notice to You. All amendments to the Terms and Conditions will be uploaded and will become effective upon such changes being uploaded to the to the Academy’s Website. It is Your obligation to check these Terms and Conditions from time to time for amendments and/or updates.

General information

One of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by KeyDesign and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at Incubator. An example of a privacy policy can be found at buyproxies.io.

Log files

KeyDesign follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include:

  • internet protocol (IP) addresses
  • browser type, Internet Service Provider (ISP)
  • date and time stamp, referring/exit pages
  • possibly the number of clicks

Privacy policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Incubator.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Incubator, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that KeyDesign has no access to or control over these cookies that are used by third-party advertisers.

Third party policies

Incubator’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You may find a complete list of these Privacy Policies and their links here: Privacy Policy Links.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites. What Are Cookies?

Children Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Incubator does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we h3ly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

Online privacy

This privacy policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in KeyDesign. This policy is not applicable to any information collected offline or via channels other than this website.
By using our website, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.

Update

This Privacy Policy was last updated on May 20, 2016. If there will be any update, amendment, or changes to our Privacy Policy then these will be posted on this page