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Molende Sports (Pty) Ltd

Conditions générales

Ces conditions s'appliquent à chaque réservation, programme et service de Molende Sports (Pty) Ltd.

Les conditions générales sont publiées en anglais ; la version anglaise fait foi.

This document will be referred to as the “terms and conditions” whereon Molende Sports (Pty) Ltd (‘The Company’) will be bound by – in contracting with various legal personalities, in acquisition of any services and/or rendering any services so offered by the Company.

Preamble

  1. The Company, without disregard for the various regulations and laws under which it is bound, will conduct business on the below grounds, and as a result; all contracting parties and/or all parties who acquire the services of the Company will hereby be bound and be able to bind the Company.
  2. These terms and conditions will be applicable to any party contracting with the company and will be the key terms and conditions – annexed to the terms contained in the contract.
  3. The terms and conditions will be applied as if specifically annexed to any contract between the Company and any other customer.

Terms of payment

  1. Without disregard for any terms explicitly entered into by means of the contract between the Company and Client, the Company requires that:
    1. All invoices are paid in full;
    2. That all invoices paid must be done before the Company will render any paid service offerings to the Client.
  2. The Company undertakes to accept payment in the following methods:
    1. Bank transfer (Into the chosen Bank Account of the Company)
    2. Debit &/or Credit Card transactions (which amount may include the levy for such transaction being added to the service invoice)
    3. Any other manner, providing that the company consents thereto
  3. The Company echoes the fact that:
    1. No bookings of sessions/service offerings, will be confirmed before payment/payment confirmation has been received by the Company; &
    2. No services will be provided without prior payment

Bookings & cancellations

  1. With due regard to the above clause, the Company expects that:
    1. All sessions, programmes and services are booked in advance by the client
    2. In the event of intended cancellation of the booking made by the client, such cancellation is explicitly to be communicated to the Company and/or any of its representatives AT LEAST 24 hours before the commencement of the scheduled booking.
    3. Where a booking is cancelled in accordance with (b):
      1. Such client will be eligible to reschedule the booking, for a date and time agreed upon by the company and the client; and
    4. In the event of non-compliance with (b), the client will forfeit his/her booking fee and will further not be eligible to reschedule the previous booking.

Promotional offerings

  1. The Company undertakes, but reserves the right, to:
    1. Offer to any new client a free field session; valid for only a new customer and any such individual who has not had any session with it;
    2. In the event of this offering being exercised by a client, the client will be expected to book the session in advance (which will be subject to availability and at the discretion of the Company who again reserves its rights)
    3. Change, reschedule and/or cancel any such offering, as before mentioned, at any time and without prior notice.

Liability and waiver

  1. As provided for in the contract, the Company accepts no liability; in any way or form, for any accidents, injuries, losses and/or any other incident which may give rise to any action.
    1. Any client who joins the session, whether promotional or paid, is assumed to have understood the content regarding liability herein and agrees thereto.
    2. All clients, parents of participants and/or any other interested person, assume wholly the risk and responsibility regarding any injury which may be sustained (as a result of participation) and acknowledges the nature of the sport and the risk that may arise from participation therein.
  2. In the event that any Client causes damage in any way, form or manner: such client will wholly be liable for any damage caused to equipment belonging to the Company and extends to the facilities used at any such time – by the Company- in the execution of its duties.
    1. Where the Client causes damage to property which does not belong to the Company, the Client hereby indemnifies the Company from any claim which may arise & thus assumes full liability, therefore.

Refunds

  1. The client understands that by booking a session, and paying for that session that:
    1. They assume responsibility for attending to the booking,
    2. They understand the process of securing a slot, and that in the event of such client being a no-show that
      1. The Company will not be liable to refund any client in this circumstance;
  2. Where good cause is shown by a client for not pitching up to a session, and subject to the provisions above:
    1. The company will at its own discretion be able to decide as to whether to transfer credit to the defaulting client by means of issuing the client with the possibility of a free-future session.

Conduct and compliance

  1. All clients, upon signature of the contractual agreement, undertake to:
    1. At all times treat staff and service providers of/to The Company with the utmost care and respect;
    2. Respect all fellow clients involved in a session, where the session is a group session;
    3. Follow due safety protocol and procedure; as will be enforced by members of the Company;
    4. In the event of misconduct, submit to and respect the decision of the Company (which will not be unreasonable) to:
      1. Refuse any service offerings and
      2. Cancel any current service agreement, between the company and party deemed to be acting in misconduct.

Force majeure

  1. Notwithstanding the prescripts found within the agreement, relative to Force Majeure: the company hereby adds the most important consideration regarding it, as:
    1. The Company does not accept liability with regard to refunds which are claimed as a result of sessions/bookings being cancelled due to matters such as severe weather conditions, natural disasters, government restrictions and any other unforeseeable reason which impacts any session from running, as thought to when entering into agreement and/or confirming session bookings.
    2. The Company further reserves the right of discretion in dealing with any matter arising from (a) above; and is not prohibited from:
      1. Providing credit in the form of future sessions to the client, and/or
      2. Cancelling the booking wholly without any redress as mentioned in (i).

Enquiries

  1. In the event that any enquiry with regard to any matter relative to the service offering of The Company and/or the manner of service received and/or any other matter which a client feels aggrieved by, the Company requests the client to refer all such matters, by means of email, to the following address: info@molendesports.com