Terms and conditions applicable to the use of this website
Terms and conditions applicable to the use of this website
Welcome to the Slater Gym Group website at http://www.slatergym.com (the "Website") which is owned and operated by the Slater Gym Group. Whilst materials on the Website are primarily owned by the Slater Gym Group, the Website may also include materials owned by third parties and posted on the Website by virtue of a license, grant or some other form of agreement between the third party and the Slater Gym Group.
Your use of the Website (including accessing, browsing or registering to use the Website) confirms your unconditional agreement to be bound by these terms and conditions of use and is subject to your continued compliance with these terms and conditions.
These terms and conditions of use are binding and enforceable against all persons that access the Website or any part thereof. Please read these terms and conditions carefully. If you do not agree with these terms and conditions, please leave the Website immediately as further use will automatically bind you to these terms and conditions.
These terms and conditions of use apply only to your access to, and use of, the Website and do not alter in any way the terms and conditions of any other agreement you may have with the Slater Gym Group, unless otherwise directed by the Slater Gym Group. If you breach any of these terms and conditions, your authorization to use the Website automatically terminates and you must immediately discontinue use of the Website.
1. Definitions and interpretation
1.1 In these Terms and Conditions of Use:
1.1.1 "Slater Gym" or “Slater Gym Group”, refers to, or means, all companies, parent companies, subsidiaries, associates and Slater gyms that fall with the Slater Gym Group of gyms;
1.1.2 "User" means any person who enters, visits or uses the Website, notwithstanding the fact that such a person only visited the home page of the Website;
1.1.3 "the Website" means the Slater Gym Group website located at http:/www.slatergym.com, and includes any part or element thereof;
1.1.4 the "ECT Act" means the Electronic Communications and Transactions Act, Act 25 of 2002, as amended, from time to time, a copy of which may be downloaded from http://www.gov.za/documents/acts/;
1.1.5 the "RIC Act" means the Regulation of Interception of Communications Act, Act 70 of 2002, as amended, from time to time, a copy of which may be downloaded from http://www.gov.za/documents/acts/;
1.2 We may, in these Terms and Conditions of use, refer to:
1.2.1 the Slater Gym Group, as the "Slater Gym Group", "we" or "us", and "our" shall be interpreted accordingly;
1.2.2 the User, as the "User" or "you", and "your" shall be interpreted accordingly;
1.2.3 the Website, as "the Website", "our Website" or "this Website".
1.3 Headings and section titles in these Terms and Conditions of Use are for reference and convenience purposes only and in no way define, limit, construe or describe the scope or extent of the content under such heading or section.
2. Permitted use of the Website
You agree that any use by you of the Website shall be in accordance with the following:
2.1 You are licenced to view, download and print the content of the Website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the Website shall not be used or exploited by you for any commercial and non-private purposes without our prior written consent.
2.3 Users may only access and use the Website for legal purposes;
2.4 You will not post or transmit through the Website any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist, unproven or unfounded allegations (especially of wrongdoing) or otherwise offensive. Always treat other Users with respect.
2.5 You will not upload, post, or otherwise transmit, except as may be required by the Website for the purposes of registering for any service, product or promotion, or logging onto any service offered by the Website, any content that includes any personal information belonging either to you or another person, such as full name, address, phone number, email address;
2.6 You will not engage in conduct, nor upload, post, or otherwise transmit in any forums that we may provide on the Website, any content that includes any of the following:
2.6.1 Spam, such as advertisements for other websites and services, or other commercial solicitation, chain letters, pyramid schemes, polls or petitions;
2.6.2 Flooding the forum boards with excessive posts, meaningless posts, posts unrelated to the topic or padding posts;
2.6.3 Discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company or product;
2.6.4 Repetitive or continuous complaints about Slater Gym policy;
2.6.5 Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;
2.6.6 Posting a link directing users to any information or content that, if posted on the Website, would constitute a violation of these Terms and Conditions of Use;
2.6.7 Attacks, including "Flaming", of another user in such a way as to incite or perpetuate arguments or conflict, creating usernames to attack other users' identities, impersonating other individuals or falsely representing one's identity or qualifications, posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others, posts that breach any participant's privacy by including name, address, phone, email address, or any other identifying information.
2.6.8 Include Uniform Resource Locators (URLs) of third party websites which may contain offensive or illegal material.
2.6.9 Postings that break the law, or encourage or support breaking the law. This includes defamation, contempt of court and breach of copyright.
2.6.10 Advice that would result in a breach of Slater Gym conditions of membership.
2.6.11 Advice that, if followed, could result in bodily injury or harm.
2.7 You agree not to use the Website (or any part of it) to:
2.7.1 Solicit personal information, email addresses, contact information, passwords or other personally identifying information.
2.7.2 Solicit participation in public discussion, debate, comment or activity on topics not related to health and fitness;
2.7.3 Provide false or misleading information about yourself or your business, or create a false identity or use or attempt to use another’s account or identity (including for the purposes of accessing such other user's account functionality).
2.8 We reserve the right to manage the postings on any communities or members based forums which we may provide or facilitate on the Website (including messages sent to other Users via a message functionality) to provide an orderly presentation of this information. To effectively manage the Website, we may designate employees or others to act as moderators and administrators for the site ("Moderators"). These Moderators are the only representatives of the Slater Group that are authorised to manage communities or members based forums. Any Slater Group employees who are not designated as Moderators or Employees are not authorised to represent themselves on the Website as Slater Group employees. Authorised Slater Group Employees are distinguished by the Rank of "Employee" and/or an official Slater Group logo as an Avatar. We are not responsible for content provided by any Slater Group employee who is not designated as a Moderator or an Employee. You must not evade bans or suspensions or otherwise disregard directions from moderators or administrators.
2.9 You may not post or otherwise make available on the Website any material, which you do not own without the express permission of the owner of the material.
2.10 You may not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Website except as is strictly necessary for your own personal non-commercial home use.
2.11 You may not access the Website by automated means or otherwise for the purposes of scraping, extracting, or otherwise obtaining any material from the Website for use within a third party website or application.
2.12 You will abide by the specific rules of any competition or promotion that you participate in, on or via, the Website. Unless we advise you otherwise, all prize draws, competitions and promotions offered via the website are not open to people resident outside the Republic of South Africa.
2.13 You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to our staff.
2.14 The caching of the website shall only be allowed if:
2.14.1 the purpose of the caching is to make the onward transmission of the content from the Website more efficient;
2.14.2 The cached content is not modified in any manner whatsoever;
2.14.3 The cached content is updated at least every 12 (Twelve) hours; and
2.14.4 The cached content is removed or updated when so required by Slater Gym.
2.15 If any User uses content from the Website in breach of the provisions detailed herein:
2.15.1 we reserve the right to claim damages from the User;
2.15.2 we reserve the right to institute criminal proceedings against the User; and
2.15.3 we shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.16 Hyperlinks to the Website from any other source shall be directed at the home page of the Website. We shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Persons that wish to link to content beyond the home page of the Website shall do so at their own risk and indemnify Slater Gym against any loss, liability or damage that may result from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Our non-liability for deep linking is based on the fact that deep links bypass these Terms and Conditions of Use.
2.17 Users may quote small and reasonable amounts of content available from the Website only if such quote is placed in inverted commas and acknowledged.
2.18 Apart from bona-fide search engine operators and use of the search facility which may be provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purposes, without our prior written consent.
2.19 All licenses and/or permissions granted in terms of this Clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Slater Gym at any time without giving reasons therefore and without notice. We specifically reserve the right immediately to terminate your use of the Website if you breach, or we have reasonable grounds to believe that you are likely to breach, these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
3. Intellectual property rights and domain name use
3.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us and/or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content, nor will you assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
3.2 If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
3.3 You acknowledge that by posting materials on the Website, you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Website and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
3.4 All intellectual property on the Website, including but not limited to, content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of, or licensed to, Slater Gym and, as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in Clause 2, all other rights to intellectual property on the Website are expressly reserved.
3.5 "Slater Gym" and other derivatives thereof are registered trademarks and Users agree not to use the trademark/s as an element of a domain name or sub-domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so, a User shall immediately cease to use such domain name and transfer it to Slater Gym at the cost of the User.
3.6 Except as provided in these Terms and Conditions of Use, use of the Website does not grant the User any right, title, interest or license to any such intellectual property the User may access on the Website. Except as provided in these Terms and Conditions of Use, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, device, service mark or logo displayed on the Website without our prior written permission or the prior written permission of such other third party that may own the trademark, device, service mark or logo displayed on the Website. Your use of the trademarks, device, service marks or logos displayed on the website, except as provided herein, is strictly prohibited.
3.7 You may view the Website and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms and Conditions of Use or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of the Website or any of its content.
4. Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, lines and access accounts required to access the internet and the Website and/or download content from the Website. It is your responsibility to use virus checking software on any material downloaded from the Website and to ensure the compatibility of such software with your equipment.
5. Disclosures required by Section 43 of the ECT Act
Access to the services, content, software and content downloads available from the Website is classified as "electronic transactions" in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Slater Gym has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Slater Gym Group;
5.2 Street address: Corner of Bashee and Umtata Streets, Three Rivers, Vereeniging, 1935, Republic of South Africa;
5.3 Postal address: P.O. Box 264826, Three Rivers, 1935, Republic of South Africa;
5.4 Physical address for receipt of legal service: Corner of Bashee and Umtata Streets, Three Rivers, Vereeniging, 1935, Republic of South Africa;
5.5 Main business: The main business of Slater Gym is that of owning and operating health and fitness facilities in the Republic of South Africa as detailed on the Slater Gym Group's website at http://www.slatergym.com;
5.6 The Website address of the Slater Gym Website is: http://www.slatergym.com;
5.7 The official contact e-mail address of the Slater Gym Website is: email@example.com@slatergyms.co.za;
5.8 Membership of self-regulatory or accreditation bodies: IHRSA; FitSa;
5.9 Codes of conduct to which the Slater Gym Website subscribes: IHRSA; Fitsa;
5.10 The Manual published in terms of Section 51 of the Promotion of Access to Information Act, Act 2 of 2000, of the owner of the Slater Gym Website may be viewed on the Website;
5.11 Management: The management profile of Slater Gym is available from http://www.slatergym.com;
5.12 The costs associated with the access and use of the Slater Gym products is available from http://www.slatergym.com;
5.13 In terms of the operation of Section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this Website; and
5.14 Users may lodge complaints concerning the Website with Slater Gym at firstname.lastname@example.org.
6. Changes and amendments
6.1 Slater Gym expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1.1 change these terms and conditions;
6.1.2 change the content, services and/or functions available from the Website;
6.1.3 discontinue, temporarily or permanently, any aspect of the Website or service(s) available from the Website; and/or
6.1.4 change the software and hardware required to access and use the Website;
6.1.5 establish general guidelines and limitations on the use of the Website and/or functions and services on the Website.
6.2 Your continued use of the Website after any amendment to these terms and conditions as referred to in Clause 6.1 is published on the Website will be considered acceptance by you of such amended terms and conditions. Updated terms and conditions will supersede all previous versions of the terms and conditions. Please check this page regularly to take notice of any changes we have made, as they are binding on you.
We give our ongoing commitment to ensuring through our policy of safety that you can use the Website with confidence. When using the Website, in particular any bulletin boards or chat forums, you should always take the following precautions:
8.1 keep your identity private. Do not give out your full name, postal address, telephone number, e-mail address, the name of your school or any other information (other than that specifically requested by us), that could help someone discover your actual identity;
8.2 never meet with someone you meet online;
8.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable.
9. User account
9.1 In order to participate in parts of the Website or in any promotions which we may run from time to time, you may need to register as a user and create a user account. You will be required to provide us with accurate and complete details. You will also be required to choose a user name and password.
9.2 When choosing a password, it is advisable not to use obvious dictionary words, eg the word "password" or consecutive numbers or letters or obvious personal information such as a child's name, a pet's name or a date of birth. The password should not be the same as the username, name or email address and should not be re-used when choosing a new password.
9.3 Each registered user is responsible for the security and proper use of their user name and password and must not disclose either to any third party (whether directly, via a website or application interface or otherwise). It is each registered user's responsibility to change their password immediately if he/she/they believe/s the password has been compromised. It is also advisable to change these details frequently even if the password is not considered compromised.
9.4 If you are a registered user of the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right, without notice and in our sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
9.5 We reserve the right to suspend or terminate a user's account registration if these terms and conditions are breached, in particular the provisions relating to acceptable use.
9.6 If your account registration profile is unused for a period of 2 (Two) years or more, we may delete it from our systems without prior notice to you. If you wish to access the Website in the future, you would need to re-register your details and create a new user name and password.
10. Links to other websites
10.2 You may link to our homepage on the Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. As referred to elsewhere, you may not frame or deep link our Website. The website from which you are linking must comply in all respects with these Terms and Conditions of Use and with applicable laws. You must not establish a link in such manner that suggests endorsement, association or approval on our part where none exists.
11. Employment opportunities
We may, from time to time, post employment opportunities available at Slater Gym on the Website and/or invite Users to submit resumés to it. If you choose to submit your name, contact information, resumé and/or other personal information to us in response to employment listings, you are authorizing us to utilize this information for all lawful and legitimate hiring and employment purposes. We also reserve the right, in our sole discretion, to forward the information you submit to our parent companies, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms and Conditions of Use or contained on the Website constitute a promise by us to interview, hire or employ any individual who submits information to us, nor shall anything in these Terms and Conditions of Use or contained on the Website constitute a promise that we will review any or all of the information submitted to us by Users.
12.1 Where you make use of a feature which allows you to upload content to us or to the Website, or to make contact with other Users of the Website, you must comply with the standards set out in these Terms and Conditions of Use. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
12.2 We have the right to remove any content or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions of Use.
12.3 All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Website by users and, we cannot take responsibility for such content. Any use or reliance on any third party content or materials posted via the Website or obtained by you through the Website is at your own risk.
12.4 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Website or endorse any opinions expressed on the Website. You understand that by accessing the Website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Website.
12.5 Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us or a third party provider on the Website, by a post or otherwise (collectively, “Submissions”), shall become our property, and you hereby transfer and assign to us all of your right, title, and interest in, and to, any such submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Slater Gym has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such submissions. Slater Gym shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
12.6 Unsolicited submissions which are sent to us via the Website will similarly become our property and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as we sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against us, our parent companies, subsidiaries or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
If you are under 18 (Eighteen) years of age, you may use the Website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this Website, you will be bound by any legal obligations and liabilities that you may incur as a result of your use of this Website and the services. You agree to supervise all usage by minors of this Website under your name or account.
14.1 We will take all reasonable steps to secure the content of the Website and the information provided by, and collected from, Users from unauthorised access and/or disclosure. However, we do not make any warranties or representations that content shall be 100% safe and secure.
14.2 We are under no legal duty to encrypt any content or communications from, and to, the Website and are also under no legal duty to provide digital authentication of any page on the Website.
14.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses or time bombs, to the Website or the server and computer network that support the Website. Users may also not interfere or attempt to interfere with the operation or use of the Website in any way through any means or device including, but not limited to, spamming, or hacking, or by any other means expressly prohibited by any provision of these Terms and Conditions of Use. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses we and our partners and/or affiliates may suffer as a result of such damaging code.
14.4 Users may not develope, distribute or use any device to breach or overcome the security measures of the Website and we reserve the right to claim damages from any and all persons concerned with a security failure or breach.
14.5 Any User who commits any of the offences detailed in Sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Slater Gym and its partners and/or affiliates. The ECT Act may be downloaded from http://www.gov.za.
15. Disclaimer and limitation of liability
15.1 Subject to the provisions of Sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Slater Gym (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
15.1.1 access to the Website;
15.1.2 access to websites linked to the Website;
15.1.3 inability to access the Website;
15.1.4 inability to access websites linked to the Website;
15.1.5 content available on the Website;
15.1.6 services available from the Website;
15.1.7 downloads and use of content from the Website;
15.1.8 any other reason not directly related to Slater Gym's gross negligence.
15.2 The Website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, when accessing the Website, that the content available from, and through, the Website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
15.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Slater Gym, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
15.4 We do not make any warranties or representation that content and services available from the Slater Gym Website will in all cases be true, correct or free from any errors. Slater Gym shall take all reasonable steps to ensure the quality and accuracy of content available from the Website.
15.5 We do not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond our reasonable control, including, but not limited to, virus infection, unauthorised access, power failure or other "acts of God".
15.6 We do not make representation that information and materials on the Website are appropriate for use in all jurisdictions available on the worldwide web, or that transactions, products, or services offered on the Website are available or indeed appropriate for sale or use in all jurisdictions, or by potential clients or members. Those who access the Website do so on their own initiative, and are therefore responsible for compliance with applicable local laws and regulations. By accessing the Website, the entrant has agreed that he/she has reviewed the Website in its entirety including any legal or regulatory terms.
15.7 Slater Gym shall not be responsible for, and disclaims all liability for, any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of, or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on, and via, the Website or any pages of the Website, any e-mails sent from the Website, services provided via the Website, any viruses that may infect your computer or other property on account of your access to and/or use of the Website, use of content, data or information made available via the Website, any failure, delay or unavailability of the Website or any services offered via the Website for any reason whatever and the supply, or failure or delay in supplying any of the services offered via the Website and you indemnify and hold harmless Slater Gym in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of, or which may be attributable, directly or indirectly, to, any of the aforesaid.
16. Removal and correction of content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to us and we undertake to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
17. Interception of communications
17.1 Subject to the provisions of the RIC Act, the User agrees to Slater Gym’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Website, its staff and employees.
17.2 The User agrees and acknowledges that the consent provided by the User in as referred to in Clause 17.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.
18. Resolution of disputes
In the event a dispute arises between you and Slater Gym, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Slater Gym agree that any claim or controversy at law or equity that arises out of this agreement or our services (“Claims”) shall be resolved in accordance with the binding arbitration provisions referred to in Clause 19 below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
19. Binding arbitration
19.1 Subject to urgent and/or interim relief, all disputes which cannot be resolved between the parties, and causes of action arising out of, or connected with, the Website, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in the English language in Vereeniging, Republic of South Africa, on a confidential basis pursuant to the expedited rules of the Arbitration Foundation of South Africa. The expedited rules of the Arbitration Foundation of South Africa may be downloaded at http://www.arbitration.co.za. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses and attorneys’ fees.
19.2 An award of arbitration may be confirmed in a court of competent jurisdiction. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
20. Agreement in terms of Section 21 of the ECT Act
The User and Slater Gym agree that:
20.1 the User shall be bound to these term and conditions and such agreement is concluded in Vereeniging, Republic of South Africa, at the time the User enters the Website for the first time or immediately after the User indicated consent as required;
20.2 data messages (as defined in the ECT Act) addressed by the User to Slater Gym shall only be deemed to have been received if, and when, responded to;
20.3 data messages (as defined in the ECT Act) addressed to the User by Slater Gym shall be deemed to be received by the User as detailed in Section 23(b) of the ECT Act;
20.4 data messages (as defined in the ECT Act) addressed by the User to Slater Gym shall be deemed to have been created and sent by the User from within the geographical boundaries of the Republic of South Africa;
20.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Slater Gym; and
20.6 the User agrees and warrants that data messages that are sent to Slater Gym from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
21. Entire agreement and severability
21.2 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
22. Assignment and Waiver
22.1 You may not assign your rights or obligations under these Terms and Conditions of Use to anyone without our prior written consent. We may, however, cede assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions of Use to third parties without your consent and without notice to you. Subject to the aforesaid restriction, these Terms and Conditions of Use will be binding on, enure to the benefit of, and be enforceable against, the User and Slater Gym and their respective successors and assigns.
22.2 Our failure to enforce your strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of these Terms and Conditions of Use.
23. Applicable and governing law
23.1 The Website is hosted, controlled and operated from the Republic of South Africa. Your use of the Website, and any downloads from it, and the operation of this agreement, shall be governed by, and construed in accordance with, the laws of the Republic of South Africa. Any dispute arising out of or in connection with your use of the Website shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa. If you use the Website from a jurisdiction other than the Republic of South Africa, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to such use.
23.2 A printed version of these Terms and Conditions of Use and of any notice related to it shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms and Conditions of Use to the same extent as other business documents and records originally generated and maintained in printed form.
You agree that any notices which we may be required by applicable law to send to you will be effective upon us sending an e-mail message to the e-mail address you have on file with the Slater Group or publishing such notices on the informational page(s) of the Website.
25. Compliance with legal authority
Nothing contained in these Terms of and Conditions of Use limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to, or gathered by, us in connection with such use.
26. Relationship of the parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Slater Group as a result of these Terms and Conditions of Use or your use of the Website.
27. Legal costs
Slater Gym shall not be liable for costs incurred by Users to obtain professional advice relating to these Terms and Conditions of Use.email@example.com