STERKLA TERMS AND CONDITIONS OF USE AND SERVICE
By accessing or using https://www.sterkla.com or the Sterkla App or any of its related blogs, websites, applications or online platforms (collectively, “the Website”, “Platform”), owned by My Pocket Coach Pty Ltd (reg: 2018/048231/07) (“Sterkla”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Sterkla.
Please see Sterkla’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please read these terms carefully before accessing or using the Website and/or Services. Sterkla will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
• The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Sterkla Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Sterkla or its possession.
• Not all terms are necessarily defined in order.
• These terms were last updated on 28 July 2019.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. Sterkla provides an online software platform which, amongst other services (collectively, the “Sterkla Services”), allows users to register and advertise as an independent personal coaching provider (“Coach”) and provide their independent services (“Coaching Services”) to other users who register as personal coaching users (“Coaching Users”). The Coach and Coaching Users use the Website to conclude a private transaction between them, facilitated by Sterkla and the Website.
1.2. Depending on the exact Sterkla Services used on the Website, users may need to pay a fee to Sterkla, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before it is ever incurred.
1.3. These Terms explain the conditions applicable to all users, Coaches and Coaching Users using the Website and/or the Sterkla Services. Registered Coaches will also need to complete the Coach Agreement when making their Coaching Services available on the Website.
1.4. In order to use many of the Sterkla Services and/or become a Coach or Coaching User, users must register on the Website using the prompted methods, and submit any required information to create a “Profile”.
1.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Sterkla uploading the amended Terms to the Website. Your continued access or use of the Website and/or Sterkla Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.6. Supplemental terms may apply to certain Sterkla Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Sterkla Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Sterkla Services.
1.7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES FOR VARIOUS SERVICES
2.1. STERKLA PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT NOR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE STERKLA SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH STERKLA HOLDS NO RESPONSIBILITY.
2.2. All Coaches registered with the Website will need to additionally complete a Coach Agreement with Sterkla, making the Coach strictly an independent contractor.
2.3. The Website acts solely as an online directory, online tool provider and information service intended to facilitate the matching of users in order for them to privately form a professional or service relationship. As such, Sterkla does not have an employment, agent nor broker relationship with any Coach or Coaching User. Your use of the Website or the Sterkla Services, as well of any Coaching Services, is entirely at your own risk.
2.4. If a Coach is engaged by a Coaching User in a formal relationship subsequent to their use of the Website and Sterkla Services, these parties do so entirely at their own risk and via private arrangement, where Sterkla is in no way connected at all.
2.5. Although Sterkla carefully curates Coach Profiles prior to being placed on the Website, Sterkla is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
2.6. Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by Coaches and/or users via the Website. Sterkla does not in any way verify nor confirm the adherence by same Coaches and/or users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the Coaching Services or information from any such regulated user.
3. USER REGISTRATION PROCESS
3.1. In order to become a user of the Sterkla Services, and register as a Coach or Coaching User, on the Website and make use of the Sterkla Services or Coaching Services, you must complete the necessary registration process detailed in the Mobile App and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. Sterkla requires you to submit your full name, e-mail address, date of birth, country of residence, coaching categories of interest, gender (optional), personality traits and phone number when registering a Profile. Coaches may then setup additional features of their Profile, including adding their Coach Service offerings, background, qualifications, their Coach Fees, posts, fields of expertise, or other career or skills information, which setup may require further information to be submitted, as prompted by the Website.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by sending a One Time Pin to your mobile number upon registration, and requiring you to set a username and password in order to grant access to your Profile, the Website and/or data. To view or change your personal information provided, you can edit your profile in the settings menu of the mobile app or website.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Sterkla using this information to facilitate a connection between you and another user.
4. THE STERKLA SERVICES AND COACH SERVICES
4.1. For general information purposes, and subject to further information relating to these Sterkla Services made available by Sterkla on the Website or elsewhere, the following details some of the exciting offerings which constitute the Sterkla Services available to all users:
4.1.1. Signing up as a Coach and promoting your Coaching Services:
220.127.116.11. With the completion of the additional Coaches’ Agreement, users may register as a Coach on the Website and make their Coaching Services available to Coaching Users to search for and use, across many various content topics.
18.104.22.168. Coaches can also create and share relevant Coaching Services media content to other users who have chosen to Follow them or generally.
22.214.171.124. In addition, Coaches can share their posts across other social media platforms.
126.96.36.199. Coaches can create Quick Courses, which Coaching Users can choose to try out (try 30% for free) or purchase.
4.1.2. Registering as a Coaching User and using Coaching Services:
188.8.131.52. With the completion of the necessary fields in the Profile registration, users can become a Coaching User, and search for and use the Coaching Services of Coaches on the Website.
184.108.40.206. Coaching Users are provided with relevant prompts on the Website to engage with, book and subsequently have a session with Coaches, including the ability to book a session with the Coach, as well as make payment for the Coaching Services rendered.
220.127.116.11. Coaching users can Follow Coaches of their choice, and receive their media posts in their post feed. Which they can Like and share on their social media platforms.
18.104.22.168. Coaching Users can also choose to try (30% for free) or purchase a Coach’s Quick Course.
4.1.3. Use of Website technical tools to facilitate the Coaching:
22.214.171.124. The Website has technical functions which allow the Coach and Coaching User to transact with each other, including the provision of calendar and booking functionality, payment facilitation and private messaging.
126.96.36.199. Further, the Website contains all the technical applications required for the Coach and Coaching User to have their Coaching session, including the provision of a videocall function over which the Coach and Coaching User can communicate in their session.
188.8.131.52.1. The Coach and Coaching User explicitly agree, understand and warrant that they shall only contact/engage each other for the Coaching Services using the Website and/or Sterkla Services, and shall not circumvent the Website and/or Services to the detriment of Sterkla. This prohibition on Coaches engaging with Coaching Users outside of the Sterkla Services and/or Website is for the safety and security of all parties involved, and to ensure that all users have a managed and supervised relationship.
4.2. You agree and understand that any information or skills-training provided to any user on the Website or as part of the Sterkla Services, is general in nature and is not specific to any particular user for any specific need of that user. A user is at all times responsible for their own decisions and actions relating to the Website and Sterkla and Coaching Services, where any such information provided by Sterkla is only ever general in nature.
5. PROFILES AND FEES
5.1. Users must register a Profile using the relevant tools on the Website, to access the Sterkla Services.
5.2. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
5.3. In addition to registering a Profile on the Website, Coaches must successfully complete the Coach Agreement with Sterkla, prior to having their Profile made available on the Website. Mere application as a Coach with Sterkla does not guarantee that the Coach will indeed have their Coaching Services made available on the Website. Same will be contingent on various factors, including the successful completion of the Coach Agreement.
5.4. Fees owed between users for Coaching Services used:
5.4.1. As part of the Sterkla Services, Coaches can advertise and make their own private Coaching Services available to other users, where unless agreed to otherwise, Coaching Users will need to pay a fee to the Coach in consideration for the use of the Coaching Services (“Coach Fee/s”). The payment of the Coach Fee will be facilitated by Sterkla as the parties’ limited payment collection agent using our authorised payment gateway.
5.4.2. A Coach Fee for Coaching Services rendered by a Coach to a Coaching User is distinct from any fee owed to Sterkla for the provision of the Sterkla Services.
5.4.3. All Coach Fees are paid between users via the Sterkla payment gateway – PayPal – where Sterkla is only operating as a limited payment collection agent for the users. Notwithstanding this facilitation by Sterkla, any payment of a Coach Fee made between the Coach and Coaching User via the Website is to be considered a direct payment between them. Sterkla is in no way involved in the private transaction between these users, and as such, the Coach of the Coaching Services is considered the seller of the Coaching Services, and the Coaching User is considered the buyer, which parties have their own legal obligations as per their specific role in their private transaction.
5.4.4. Coaching Users will be required to add a payment method which will be stored with PayPal. Coaching Users who choose to use the services of a Coach, will then be directed via PayPal’s payment gateway where the relevant fees will be charged to their selected payment method.
5.4.5. Coaches will be paid for their services rendered to Coaching Users, on a monthly or bi-monthly basis, via PayPal’s payment gateway to their supplied bank account.
5.4.6. All transactions will be US Dollar based and will be converted at the current exchange rate, by PayPal.
5.4.7. New Coaching Users will be given 90 (ninety) minutes of free coaching, which they can redeem across multiple Coaches.
5.4.8. Should you have a reasonable and legitimate reason to be dissatisfied with the quality of Coaching Services that you received from a Coach in a single session, you may request a full refund, provided that the refund request is received within the same calendar month that the coaching session took plcae. Sterkla undertakes to investigate the matter and decide whether or not to award the refund. A Coaching User may only request a refund once, per Coach. Sterkla reserves the right to revoke access to the Sterkla Services, should we feel that a Coaching Users is excessively and/or unreasonably requesting refunds.
5.5. Fees owed to Sterkla:
5.5.1. Many of the Sterkla Services are free to use on the Website, but the use of some of the Sterkla Services requires the payment of a fee to Sterkla as a facilitation fee for providing its platform and/or the Sterkla Services to users.
5.5.2. When a Coach and Coaching User transact with each other via the Website, the Coach will pay a fee to Sterkla, when its own Coach or Course Fee has been paid by the relevant Coaching User (“Sterkla Facilitation Fee”). The Sterkla Facilitation Fee shall equal 25% (twenty five percent) of the Coach or Course Fee, where the Sterkla Facilitation Fee shall automatically be removed from the payment of the Coach Fee between the Coaching User and Coach.
5.5.3. The payment of the Sterkla Facilitation Fee by the Coach is non-refundable by Sterkla, unless a Coaching User has requested a refund and supplied justifiable reasons.
5.6. Sterkla will invoice the relevant user every time such a Sterkla Facilitation Fee is charged by Sterkla, where same invoice will be sent to that relevant user’s provided email address as detailed in their Profile.
5.7. For further information on the current Sterkla Services available generally or applicable to you, please contact email@example.com who will gladly assist.
5.8. To terminate your use of the Sterkla Services or the Website, please see clause 16 below.
5.9. Sterkla may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Sterkla Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Sterkla Services or the fees applied to you.
5.10. For South African Users, amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Sterkla.
5.11. All payments of any fee or otherwise to Sterkla or between users are processed through our authorized third-party payment gateway provider, PayPal Holdings, Inc. (“PayPal”).
5.11.1. Sterkla is committed to providing secure online payment facilities via PayPal. All transactions, as processed by PayPal, are encrypted using secure socket layer technology (SSL) and stored with encryption.
5.11.2. When using the PayPal payment gateway on the Website, the following is noted:
184.108.40.206. The Website uses and stores payment information with PayPal as an offsite third-party payment gateway to keep your payment details secure.
220.127.116.11. Users may need to set up a PayPal account when using their payment services, and accordingly, will be bound to any applicable PayPal terms and conditions.
5.12. Sterkla reserves the right to establish, remove and/or revise any fees for any or all services obtained through the use of the Sterkla Services at any time in Sterkla’s sole discretion. Sterkla will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees properly incurred under your Profile.
5.13. You may contact Sterkla via email at firstname.lastname@example.org to obtain a full record of your statement with Sterkla.
6. CANCELLATIONS AND REFUNDS FOR COACHING SERVICES
6.1. In the event that the user purchases Coaching Services from the Coach using the Platform:
6.1.1. Once a user books Coaching Services on the Platform, and this appointment request is accepted by the Coach, the booking is considered confirmed. Confirmed appointments will show in the appointment section of the mobile app and Website and will not have a “Pending” tag.
6.1.2. Coaching Users may cancel their appointment without incurring any cancellation charges, provided that the appointment is cancelled more than 12 (twelve) hours prior to the session. If a Coaching User cancels the confirmed appointment within 12 (twelve) hours but more than 4 (four) hours prior to the start time, the Coaching User will be charged 50% (fifty percent) of the Coaching Fee. If the Coaching User cancels the confirmed appointment within 4 (four) hours of the start time, the Coaching User will be charged 100% (one hundred percent) of the Coaching Fee.
6.1.3. Should a Coach cancel a confirmed appointment with a Coaching User, the Coach is required to submit to the Coaching User, a valid reason for the cancellation. Sterkla reserves the right to take any action that we deem appropriate (which could include removing the Coach from the platform), should we feel that the Coach is unjustifiably and repeatedly cancelling appointments and this could have/is having a damaging effect on Sterkla or the Website’s reputation.
7. USER RESPONSIBILITIES AND WARRANTIES
7.1. By using the Website and/or the Sterkla Services, you warrant that:
7.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
7.1.2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
7.1.3. your use of the Sterkla Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as providing advice which could constitute regulated “financial advice” under your country’s laws to which you are subject), and indemnify Sterkla from any liability accrued by virtue of your use of the Website and/or Sterkla Services and/or actions perpetrated thereon;
7.1.4. you will timeously pay any due fees to either or both Sterkla and/or the Coach when required to do so under these Terms;
7.1.5. you will at all times treat all other users, including Coaches and Coaching Users, with respect, dignity and always in accordance with their human and legislated rights;
7.1.6. you will not share your contact information with a Coach for the purposes of circumventing the Sterkla Services;
7.1.7. you agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password;
7.1.8. you agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security;
7.1.9. you agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge;
7.1.10. you agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or los;
7.1.11. you agree and commit not to use the account or Account Access of any other person for any reason;
7.1.12. if you receive any file from us or from a Coach, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file;
7.1.13. you confirm and agree to use only credit cards or other payment means (collectively “Payment Methods”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct;
7.1.14. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Sterkla Services;
7.1.15. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Sterkla’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
7.1.16. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
7.1.17. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Sterkla is not liable at all for such payment of any such tax, duty or VAT on your behalf;
7.1.18. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
7.1.19. you will not use the Website for any commercial purpose other than as expressly provided for by Sterkla and the Terms;
7.1.20. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
7.1.21. you will not facilitate nor assist any third party to do any of the above.
7.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
7.3. Without prejudice to any of Sterkla’s other rights (whether at law or otherwise), Sterkla reserves the right to deny you access to the Website or the Sterkla Services where Sterkla believes (in its reasonable discretion) that you are in breach of any of these Terms.
7.4. Sterkla does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
8. RECEIPT AND TRANSMISSION OF DATA MESSAGES
8.1. Data messages, including e-mail messages, sent by you to Sterkla will be considered to be received only when acknowledged or responded to.
8.2. Data messages sent by Sterkla to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
8.3. Sterkla reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
8.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Sterkla is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Sterkla and a user, or between users.
9. HYPERLINKS, DEEP LINKS, FRAMING
9.1. The Website may include links to other internet sites (“the other sites”). Sterkla does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
9.2. Sterkla does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to email@example.com to request the removal of such content.
9.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
10. ADVERTISING AND SPONSORSHIP
10.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
10.2. Sterkla, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
11. INTELLECTUAL PROPERTY PROTECTION
11.1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Sterkla in use of the Sterkla Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Sterkla, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
11.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Sterkla first being granted, which consent may be refused at the discretion of Sterkla. No modification of any intellectual property or editorial content or graphics is permitted.
11.3. For clarity, all ownership and copyright of any user-submitted content to the Website and/or Sterkla, remains with the relevant user, but which user has granted Sterkla a free, non-exclusive, non-assignable and non-transferable license to use and display all such user content on the Website and in all reasonable and Sterkla-related advertising, in perpetuity and in all territories.
11.4. Sterkla reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
11.5. Where any of the Website intellectual property has been licensed to Sterkla or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Sterkla Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
11.6. Subject to adherence to the Terms, Sterkla grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Sterkla.
11.7. Any enquiries regarding any of the above relating to intellectual property must be directed to Sterkla at firstname.lastname@example.org.
12. DISCLAIMERS AND WARRANTIES
12.1. The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Sterkla makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
12.2. All information or opinions of users made available on the Website in relation to any of the Sterkla Services or Coaching Services are those of the authors and not Sterkla. While Sterkla makes every reasonable effort to present such information accurately and reliably on the Website, Sterkla does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.
12.3. Sterkla, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.
12.4. Sterkla, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Sterkla Services, and access to, or use of, the Website in any manner.
12.5. Users from locations outside of South Africa, please note that Sterkla complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Sterkla from any liability it may acquire by virtue of its supply of the Website and/or Sterkla Services.
12.6. Sterkla takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Sterkla does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
13.1. The user indemnifies and holds harmless Sterkla, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or services offered or concluded through the Website in any way.
13.2. The user agrees to indemnify, defend and hold Sterkla harmless from any direct or indirect liability, loss (direct, indirect and/or consequential), claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Sterkla Services or Coaching Services and for breach of these Terms.
13.3. This clause will survive termination of this agreement.
14. COMPANY INFORMATION
14.1. Site owner: My Pocket Coach (Pty) Ltd. t/a “Sterkla”
14.2. Company type: Private Limited Liability Company
14.3. Registration Number: 2018/048231/07
14.4. Director: Gavin Lund
14.5. Description of main business: Online platform marketplace
14.6. Telephone number: +27103126446
14.7. E-mail address: email@example.com
14.8. Website address: http://www.sterkla.com
14.9. Physical address: 66 Troon Road, Randburg, Gauteng,
14.10. Postal address: 66 Troon Road, Randburg, 2193, Gauteng,
14.11. Registered address: 66 Troon Road, Randburg, Gauteng,
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
Disputes between users and Sterkla:
15.2. Should any dispute, disagreement or claim arise between a user and Sterkla concerning use of the Website or the Sterkla Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
15.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
15.4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
15.5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
Disputes between users:
15.6. Should a dispute arise between users and their private transaction relating to the Coaching Services, said dispute is between those users exclusively, where Sterkla is not responsible for fulfilling any function in any way or in any role.
15.7. The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
15.8. Notwithstanding the above, the parties in a private dispute must inform Sterkla of the dispute in order for Sterkla to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. IN ADDITION TO THE RIGHTS ABOVE, STERKLA RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE STERKLA SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT STERKLA GIVES REASONABLE NOTICE TO YOU.
16.2. If you wish to terminate the agreement with Sterkla, or end your use of the Sterkla Services, you may do so by deleting your Profile on the Mobile App / Website and discontinuing your use of the Website.
16.3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Sterkla Services shall survive the termination of these Terms for all purposes, including the payment of any fee which was due and payable before termination.
16.4. In the event of cancellation of your agreement with the Terms and with Sterkla, Sterkla will remove you from the Website and delete your Profile.
17. NOTICES AND SERVICE ADDRESS
17.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
17.1.1. in the case of Sterkla, at 66 Troon Road, Randburg, 2193, Gauteng, South Africa; and
17.1.2. in the case of the user, at the e-mail and addresses provided by the user to Sterkla in the registration process.
17.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
18.2. No indulgence, leniency or extension of time granted by Sterkla shall constitute a waiver of any of Sterkla’s rights under these Terms and, accordingly, Sterkla shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
18.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
18.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
18.5. The user’s access and/or use of the Website and/or the Sterkla Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
18.6. Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising Sterkla of same.
18.7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Sterkla in relation to the payment failure or breach and the rectification of same.
18.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
18.9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8.