The following terms have the meanings assigned to them in this clause and cognate expressions shall have corresponding meanings, namely:
- “Agreement” means the/this Agreement and annexures and schedules, if any;
- “Business Day” means any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa;
- “Party” or “Parties” means one of the parties cited in this Agreement or a collection of the parties in terms of this Agreement;
- “Signature Date” means the date on which this Agreement is signed by the last Party signing;
- “the Company” or “our” means Property Game Tribe (Pty) Ltd, a profit company registered and incorporated under the company laws of the Republic of South Africa with registration number 2021/87207/07.
- “you” or “your” refers to the Client signing this Agreement;
- “EFT” means electronic funds transfer;
- “Expiry” means the date on which this Pro Forma Invoice (on page 1 (one)) expires;
- “Fees” means the fees described on page 1 (one) of this Agreement applicable for the elected Training, and further contemplated in clause 5 of this Agreement;
- “Checkbox/Signature” At the bottom of the checkout page, you will find a checkbox labeled ‘I agree to the terms and conditions.’ By checking this box, it means you confirm that you have read, understood, and agreed to all the terms and conditions outlined by The Property Game Tribe“. This includes but is not limited to our policies regarding purchases, subscriptions, refunds, and privacy. Your checking of this box serves as your digital signature, indicating your acceptance of our terms.
- “Training” means the relevant training course, coaching, and or mentorship programmes as further described on page 1 (one) of this Agreement, as elected by you, to be delivered by the Company in terms of this Agreement.
2.2 You hereby agree that it is your responsibility to ensure that the applicable course is suitable for your individual needs prior to the Signature Date of this Agreement.
- The Company shall provide the relevant Training to you on the terms and conditions of this Agreement.
- The Training which you have elected is described on page 1 (one) of this Agreement.
- The Company reserves the right, in its sole discretion, to amend and or replace the current course content, training format, or the structure in which the relevant course is presented, from time to time. Such amendment(s) shall supersede and or replace any or all previous course content, training format, or the structure in which the relevant course is presented.
- The Company shall provide the relevant Training to you on the dates, times, and at venues as communicated to you in writing by the Company. The Company reserves the right to reschedule any events upon written notice to you, without any liability on the part of the Company.
- If you are unable to attend your allocated training course, the Company, at its sole discretion, may allocate a course at a later date to you, provided that you have notified the Company in writing of your request to reschedule at least 7 (seven) days before the training course begins.
- If for any reason you are only able to attend the second training day, this is permitted but you will not be eligible for a refund of the first training day.
- COMMENCEMENT, DURATION, AND TERMINATION
- Commencement: This Agreement shall commence on Signature Date and will continue for as long as the Training is being provided to you by the Company or until terminated in accordance with the terms of this Agreement.
- Once this Agreement has expired and you elect to attend additional training, you hereby acknowledge and accept that a new agreement shall be concluded between parties and you take note that Fees are subject to change, from time to time.
- Your Termination rights and Refund Policy: In addition to any other rights to terminate and or cancel this Agreement, if applicable, you may cancel this Agreement and apply for a refund, on the terms set out below:
- Timeframe for cancellation and request for refund:
|Request for refund||% Refunded||Cancellation fee|
|within 7 days from the Signature Date||Full Refund||0%|
|More than 7 days from the Signature Date||No Refund||0%|
- Company’s Termination rights:
- The Company reserves the right to terminate this Agreement immediately, if:
- there is insufficient demand;
- you are in breach of your obligations in terms of this Agreement; and/or
- you have failed to pay the Fees due.
- The Company reserves the right to terminate this Agreement immediately, if:
- Effect of Termination: Upon termination of this Agreement for any reason:
- you shall not be entitled to attend the Training
- The termination or expiration of this Agreement shall not affect any liabilities or obligations, including, without limitation, limitation of liability and indemnification obligations, which arose pursuant to the terms of this Agreement prior to the date of termination of this Agreement.
- The provisions of the following clauses that shall survive the expiry or termination of this Agreement are clause 7 (Marketing); clause 9 (Disclaimers); clause 10 (Intellectual Property); clause 11 (License to use course content); clause 12 (Warranties).
- FEES AND EXPENSES
- In consideration for rendering the Services, you shall pay to the Company the Fees.
- The selected package of your choice is due immediately upon the Signature Date of this Agreement, which may be paid to them via credit card, PAYSTACK.
- All expenses (such as travel expenses) incurred by you in attending the relevant Training, shall be for your own account and the Company shall not be liable for any such costs.
- All payments to be made by you to the Company in terms of this Agreement shall be made without set-off or deduction of any kind.
- You are required to make your own travel arrangements in order to attend the relevant Training and ensure that you have the correct details, namely the date, time and venue for the Training.
- Your attendance at the Training is expected to be in a timely and orderly manner and unnecessary and/or unreasonable disruption will not be tolerated. The Company reserves the right to request that you leave any Training in the event that the Company, at its sole discretion, believes your attendance and/or participation to be disruptive in any way.
You hereby agree that the Company may send you relevant marketing material via email and/or SMS/telephone calls and that you acknowledge that you may request to unsubscribe from such marketing at any time via the relevant “opt-out” mechanism which will be disclosed in communications to you.
- PROCESSING PERSONAL INFORMATION
- Any personal information which you have shared with the Company shall be collected by the Company and only adequate and relevant information shall be processed and stored by the Company for the purposes of this Agreement and to provide the Training.
- The Company is committed to taking steps to protect your privacy and is implementing business practices that comply with applicable legislation, namely the POPI ACT of 07/20.
- Property Game Tribe complies with the South African Protection of Personal Information act (POPIA) No 4 of 2013 and will therefore not forward any client information to a third party without client consent. By signing the terms and conditions the customer authorizes and consent that Property Game Tribe may share customer details with a subsidiary company.
- Caution should be observed in placing any reliance upon any information obtained from the Training, which information is provided for purely educational purposes and is not intended to be a representation or inducement to make any specific decision.
- Any decision taken based on the information provided during the Training should only be made after consultation with appropriate legal, regulatory, tax, technical, business, investment, financial, and/or accounting advisors.
- The course material and information provided during the Training have been prepared on the basis of numerous assumptions and forecasts that may not materialize. There is no guarantee of the realization of any financial results, or that the assumptions or forecasts as reflected in the course material and information will prove to be correct.
- The Training is not designed or intended to qualify you for employment.
- INTELLECTUAL PROPERTY
- The Company owns and will continue to own all rights, title, and interest in and to all intellectual property, reports, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, or other technology provided or developed by the Company (or a third party acting on the Company’s behalf) pursuant to this Agreement in the course of providing the Training to you, including modifications, enhancements, improvements or derivative works of any of the foregoing, regardless of who first conceived or reduces to practice, and all intellectual property in any of the
- shall belong to and be the absolute property of the Company.
- To the extent necessary, you hereby unconditionally and irrevocably assign all rights to all intellectual property, discovery, invention, secret process, or improvement in a procedure to the Company.
- LICENSE TO USE COURSE MATERIAL
- Subject to your compliance with the terms of this Agreement, the Company grants to you a worldwide, non-exclusive, and non-transferable license to access and use all course materials provided to you as a result of or in the course of the Training, for your personal and non-commercial use only.
- This license grant does not include the right to sublicense, publish, advertise, distribute, reproduce, or otherwise made available to any person without the prior written consent of the Company, any of the course material received during the Training.
The Company warrants that the Training provided in terms of this Agreement shall be performed in a workmanlike manner. Save for this warranty, the Company gives no other warranties and makes no representations to you regarding the content, the format, or the presentation of the Training.
- LIMITATION OF LIABILITY
Except as expressly provided otherwise, neither Party shall, under any circumstances, be liable to the other Party for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary, or consequential loss or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts which such Party may sustain or suffer (or with which such Party may be threatened) as a result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of this Agreement or in the course of the discharge or exercise by the Parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of this Agreement, the Training or the reliance on any content conveyed during the Training or the termination of this Agreement for any reason.
You agree to indemnify the Company against any claims by any third party that the Company may suffer or incur as a result of any reliance by any third party on any content conveyed to you during the Training.
- FORCE MAJEURE
- Except for the obligation to pay monies due and owing, neither Party shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
- The obligations and rights of the defaulting Party shall be extended for a period equal to the period during which such event prevented such Party’s performance, provided that if such period exceeds 60 (sixty) days, then either Party shall be entitled to terminate this Agreement immediately on written notice while the Party’s performance continues to be prevented.
- For the sake of clarification, where the Company is unable to provide the Training in terms of clause 15.1, the Company shall be entitled to provide the Training at a different date, time, and location that is within 60 (sixty) days of the originally scheduled date for such Training.
- ADDRESS FOR SERVICE
- The Parties choose as their domicilium address for service for all purposes under this Agreement, whether in respect of court process, notices, or other documents or communications of whatsoever nature, the addresses described for such Party this Agreement.
- Notwithstanding anything to the contrary set out in this clause, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.
If either Party breaches any material provision or term of this Agreement (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved Party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement, including obtaining an interdict, to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved Party’s right to claim damages.
- GOVERNING LAW AND SUBMISSION TO JURISDICTION
This Agreement and any action related thereto shall be governed, controlled, interpreted, and defined by and under the laws of the Republic of South Africa and the Parties submit to the exclusive jurisdiction of the High Court of South Africa (Gauteng Local Division, Johannesburg), subject to the provisions of clause 19.
- Any dispute which arises out of or pursuant to this Agreement (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
- That arbitration shall be held:
- with only the Parties and their representatives present; and
- at Johannesburg.
- The Parties shall use their best endeavors to procure the expeditious completion of the arbitration.
- The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
- Whole agreement: This Agreement sets forth the entire agreement between Parties and supersedes any and all prior or contemporaneous agreements and representations, written or oral, of the Parties with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations. The Parties acknowledge that as of the date hereof, no binding commitments exist between the Parties with respect to the subject matter of this Agreement except as may be provided herein.
- Amendment: no change, amendment, and/or modification of any provision of this Agreement shall be valid unless reduced to writing and signed by both Parties herein.
- Good faith: the Parties shall, in their dealings with each other, display good faith.
- No assignment: no Party will be entitled to cede its rights and/or delegate its obligations in terms of this Agreement without the express prior written consent of the other Party.
- Relationship between the Parties: The Parties agree that neither Party is a partner or agent of the other Party and neither Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.
- No representation: to the extent permissible by law no Party shall be bound by any express or implied or tacit term, representation, warranty, promise, or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- Severability: any provision in this Agreement which is or may become illegal, invalid, or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement
- No stipulation: no part of this Agreement shall constitute a stipulation in favor of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.
- Signature in Counterparts: This Agreement shall be capable of execution in counterparts, each of which shall be deemed to be an original but which together shall constitute one document.
- Consent Clauses
- Property Game Tribe reserves the right to appoint an agent to collect outstanding monies on their behalf and to institute legal proceedings against the applicant for the recovery of any monies outstanding as a result of default in payment, and in such event, the applicant acknowledges that the applicant shall be liable for all legal costs incurred by Property Game Tribe in the collection of the outstanding balance on the scale as between attorney or debt collector and client, including collection and commission on capital, interest, and cost, as well as the tracing and administrative costs incurred by the appointed agent for the recovery of any amounts owing.
- The applicant/undersigned hereby chooses e-mail, SMS, or regular post as the communication method for all accounts and notices for services supplied, but not limited to these communication channels.
Subscription Renewals and Cancellation Policy:
1.1. Subscriptions to the Property Game Tribe platform are billed on a recurring basis according to the selected subscription plan. By providing your payment information and agreeing to the terms, you authorize us to charge the applicable subscription fee at the beginning of each billing cycle.
1.2. You agree that your subscription will automatically renew unless you cancel it prior to the renewal date. To avoid being charged for the next billing cycle, you must cancel your subscription before the renewal date.
1.3. Cancellation requests must be made by logging into your account on the Property Game Tribe website and following the cancellation instructions. We recommend submitting your cancellation request at least 48 hours before the next billing cycle to ensure it is processed in time.
No Refunds after Content Consumption or Late Unsubscribing:
2.1. You acknowledge that once you have been debited for a subscription period, there will be no refunds or chargebacks for that period if you have accessed and consumed any educational content during that period.
2.2. If you wish to avoid being charged for the next billing cycle, it is your responsibility to unsubscribe before the renewal date, following the cancellation instructions as outlined in the platform.
Chargeback and Dispute Resolution:
3.1. In the event that you initiate a chargeback or dispute with your bank or payment provider without first following our cancellation policy and without a valid reason, we reserve the right to suspend your access to the Property Game Tribe platform until the matter is resolved.
3.2. If you believe there has been an error with your billing or you have a valid reason for a refund, you agree to contact our customer support team first to attempt to resolve the issue before initiating any chargeback or dispute.
Intellectual Property Rights and Unauthorized Sharing:
4.1. All content provided through the Property Game Tribe platform, including but not limited to educational materials, videos, articles, and any proprietary resources, are the exclusive property of Property Game Tribe (Pty) Ltd.
4.2. You agree not to share, distribute, or reproduce any content from the platform without prior written consent from Property Game Tribe. Unauthorized sharing or distribution may result in immediate termination of your subscription and may also lead to legal action for breach of intellectual property rights.
Modification of Terms and Conditions:
5.1. Property Game Tribe reserves the right to modify these terms and conditions at any time without prior notice. It is your responsibility to review the terms periodically for any changes.
5.2. By continuing to access and use the Property Game Tribe platform after modifications have been made, you signify your acceptance of the updated terms and conditions.
Disclaimer of Guarantee and Liability:
6.1. Property Game Tribe provides educational content for informational purposes only. We do not guarantee any specific results or financial outcomes from the use of our platform.
6.2. Property Game Tribe is not responsible for any financial decisions made based on the content provided. You are advised to seek professional advice and conduct thorough research before making any investment decisions.
6.3. Property Game Tribe shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of the platform or any content provided.
Termination of Service:
7.1. Property Game Tribe reserves the right to terminate or suspend your access to the platform, at its sole discretion, for any reason including but not limited to violation of these terms and conditions or any other policies of the platform.
7.2. In the event of termination, you will no longer have access to the educational content or any other resources provided through the Property Game Tribe platform.