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Terms and Conditions: Club

1. Parties

a. This agreement is entered into between:
i. Halfway (Pty) Ltd with registration number 2018/412278/07 (hereinafter referred to as “Halfway”); and


ii. The Golf Club who provides its information on the app as required in order to create an Account, has accepted the terms and conditions of Halfway’s App under such Account and has accepted these terms and conditions of this Ordering/Delivery Service Agreement (hereinafter referred to as “the Club” or “Club”).


iii. The end user who provides its information on the app as required in order to create an Account and has accepted these terms and conditions under such Account (hereinafter referred to as “the User”).


iv. The employee/person of the club tasked with the responsibility of delivering goods to the user (hereinafter referred to as “the Deliveryman”)

2. Introduction

a. The parties hereby enter into this agreement as a requirement for the Club to make use of Halfway’s App, designed by Halfway and its associates, for the specific purpose it was created for and in respect of the specific use of the application.


b. The parties confirm that both parties shall be bound to these terms and conditions and acceptance thereof shall constitute a legally binding and enforceable agreement between them.


c. For the purposes of this agreement, the following definitions are provided:


i. “Account” shall mean the unique user identity that Halfway provides as a user-facing feature to serve the User across the App and the User’s devices, which may include, but not limited to, usernames, email-addresses, passwords, phone number OTP (one-time password), 2FA (two-factor authentication), biometric and/or SSO (single sign-on).


ii. “Associates” shall mean other entities which assist Halfway in, but not limited to, the designing, maintaining and administration of the App and to comply with its contractual obligations as well as any other obligations that it may have. Such associates shall have access privileges that enable use of all functions for application management, monitoring, and viewing information.


iii. “ECTA” shall mean the Electronic Communications and Transactions Act 25 of 2002 and all Regulations published thereunder;


iv. “Electronic Communication” shall have the meaning assigned thereto in the ETCA;


v. “Golf Courses” shall mean the golf courses displayed on the App for selection by the User and at which the Use of the App has been authorised by Halfway.


vi. “Items” shall refer to, but not be limited to, food, beverages, alcoholic beverages, cigarettes, vaping devices, golfing equipment, clothing, provided by the Third Party Provider at its halfway house and/or shop and subject to the availability of such items and to the provisions of Law.


vii. “The App” shall mean the application designed by Halfway and accordingly named Halfway and to which the User subscribes by accepting these terms and conditions and by providing its personal information;


viii. “Third parties” shall refer to any person, whether natural, legal or legislative, who is not a party to this agreement;


ix. “This agreement” and “hereof” shall refer to the terms and conditions as set out, which is agreed to and accepted by the User upon selecting Accept at the bottom of these terms and condition;


x. “The POPI Act” shall mean the Protection of Personal Information Act 4 of 2013, as amended from time to time, including any regulations and/or code of conduct made under the POPI Act;


xi. “Personal Information” shall have the meaning ascribed to it in Chapter 1 of the POPI Act.

3. Device Usage and Connectivity

a. The Club may opt to use their own devices, ensuring compatibility with the Halfway App.
b. Should the club opt to use their own devices, the club needs to ensure that the device has sufficient RAM and onboard memory to run the Halfway app efficiently without the app crashing and interfering with deliveries. The device must accommodate GPS tracking.
c. The Club acknowledges the importance of maintaining a constant internet connection on the devices to ensure accurate order processing and delivery. The Club is responsible for ensuring that the devices are consistently connected to the internet.1

4. Services

a. The Services constitute a technology platform that enables the club of to receive orders from users and schedule transportation and/or delivery of goods and/or preparation of goods for collection by the club .
b. For the App to function properly and services to be rendered herein, the following permissions are required:
i. Location services of the Deliveryman’s device is required in order for The Club to locate the User on its Golf Course for items to be delivered to the User directly;
ii. Contact details of the Club must be available to the User in the event of the the User not being able to locate their order or have any queries regarding their order with the Club. The Club grants permission, as per Halfway’s Privacy Policy, for its contact number to be provided to the User for the purposes of contacting the Club in order to lodge queries or gather any other information locate it; and
iii. Messaging services via the App between the User for the purpose of delivering items to the User directly and therefore, the Club grants permission to the User to contact it via the App’s messaging system.
c. Subject to the Club’s compliance with these terms and conditions, Halfway grants the Club a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
i. access and use the Applications on a device solely in connection with its use of the Services; and
ii. access and use any content, information and related materials that may be made available through the Services, in each case solely for the User’s personal, non-commercial use.
d. Any rights not expressly granted herein are reserved by Halfway and Halfway’s licensors.
e. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if the User accesses the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. The User’s access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of services.

5. Use of the App

a. In order to utilise the App, the Club shall be required to provide certain personal information to enable the App to link the Club’s users and administration team to the Club’s account.
b. The Club is responsible for identifying their end users and who has administrative rights, read only rights and restrictive input rights for the purpose of accepting, cancelling, updating, completing and delivering orders.
c. The Club’s details and it’s users’ details will be stored by Halfway as set out herein.
d. The Club may not:
i. remove any copyright, trademark or other proprietary notices from any portion of the Services;
ii. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Halfway;
iii. decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
iv. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or network.

6. Responsibilities of the Club

a. The Club shall appoint a dedicated employee and provide transportation for delivering orders on the golf course.
b. The Club ensures that it will deliver all orders correctly and in a timely manner. All orders delivered incorrectly will be rectified by the Club immediately and at the cost of the Club.
c. The Club will ensure that all orders for pick up at the halfway house or otherwise are prepared correctly and in a timely manner.
d. The Club acknowledges the prohibition of selling alcohol to persons under the age of 18 and agrees to comply with all relevant local laws and regulations.
e. Halfway App shall not be liable for any refund in the event of incorrect order delivery by the Club.
f. Halfway App shall not be held liable for any injuries or damage that might occur while processing and/or delivering of an order.
g. The Club shall ensure that all devices used for delivery have cellular service and data at all time to complete all deliveries.
h. The Club shall ensure that the information provided to Halfway via the App is indeed correct and is its own details. The Club hereby specifically agrees that it has not provided the details, such as, but not limited to, personal information, of another third party. The Club specifically agrees that it is the person/entity whose details have been provided.
i. The Club shall ensure that the App installed on its device(s) are safeguarded and cannot be accessed by any unauthorised third person via its device(s).
j. The Club shall be responsible for ensuring that it reads and understands the terms and conditions of this agreement and by selecting to proceed consents and agrees to the terms and conditions enclosed herein.
k. The Club shall apply the necessary care in reading all communication sent by Halfway via the App and ensure that it knows and understands such communications.
l. The Club’s delivery person must confirm the order number generated by the Halfway App matches the order number generated by the Halfway app on the user’s device before delivering the order to the user.
m. Any discrepancies in the order or delivery as a consequence of the Halfway app must be promptly communicated to Halfway for resolution.

7. Responsibilities of Halfway

a. Halfway shall ensure that all relevant information provided by the Club is sufficient and/or as required and shall process such information in accordance with the Law and only for the purposes stated herein.
b. Halfway shall ensure the protection of the personal information provided to it by the Club according to the applicable laws of the Republic of South Africa and as set out herein, and shall as far as possible ensure that the App is secure and free of, without limiting the generality thereof, unauthorised access by third parties, malware, spyware and/or viruses.
c. Halfway shall communicate any relevant, necessary and/or important information with the Club via the App. Such information is to include, without limiting the generality thereof, any changes to these terms and conditions, information regarding downtime of the App, malfunctions of the App and/or its processes, changes in fee percentages, changes in the processes and/or services of the App, failed transactions.
d. Halfway shall ensure the proper functioning of its App as far as possible.

8. No Warranties

a. Whilst Halfway takes great care to ensure information published on the App is correct, complete, accurate, and up-to-date it does not provide any warranties in respect of such information and is not responsible for any inaccuracies and/or errors contained in such information, especially those relating to items provided by Third Party Providers.
b. The App and all information, content, tools and material contained thereon, and/or linked thereto, are provided on an “as is” and “as available” basis.
c. Halfway will not be liable for any damages of whatsoever nature arising from the use of the App and/or from any information, content, tools, or materials included on, or otherwise made available, through the App including directly, indirect, incidental, punitive and/or consequential damages.

9. Liability and Indemnification

a. The Club agrees to indemnify and hold Halfway App harmless from any claims, losses, or damages arising from the Club’s use of the Halfway App and delivery services.
b. The club cannot hold Halfway liable for any amounts of a greater value than the amount in question.

10. Privacy Policy

a. Halfway’s Privacy Policy is accessible on in it’s website at https://halfwaygolf.co.za/privacy-policy/

11.Amendments

a. Halfway shall have the right review and amend the terms and conditions of this agreement from time to time without notice to the Club.
b. Halfway shall however inform the Club of changes to these terms and conditions as and when they occur by way of notice to be provided to the Club via the App and the Club shall be required to accept the terms and conditions again in order to be able to continue using the App as intended

12.Complaint processes/Dispute Resolution

a. In the event of the Club wishing to lay a complaint and/or wish to submit an issue to Halfway, the Club is to send such complaint in writing and via email to [email protected].
b. Halfway shall have 7 (seven) days to acknowledge receipt of such complaint contemplated in clause 9.1 and an additional 7 (seven) days to investigate such complaint and to provide feedback to the User.
c. The parties shall first attempt to amicably resolve such complaints and/or any issue experienced and/or any dispute between them and both parties shall apply their best efforts to do so, by, but not limited to, timeously responding to correspondences sent by the other parties, answering questions by the other party, providing the other party with requested information in as far as possible.
d. Should any dispute arise in respect of these terms and conditions, alternatively any use of the App, alternatively payments processed, and same cannot be resolved as set out in this clause, the parties agree to the jurisdiction of the Magistrate’s Court for the dispute to be ventilated regardless of what the claim amount shall be.

13. Domicilium citandi et executandi

a. The Club nominates as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of Court process, notice and/or other documents or communication of whatsoever nature, the address and/or contact details (email address) submitted on the App and as per the Club’s Account.

b. The Club has the responsibility of informing Halfway should such addresses change and the Club’s failure to do so shall not denigrate and/or prejudice any of Halfway’s rights to utilise such addresses for the purposes set out herein. The Club specifically accepts and agrees that he/she/it has the responsibility to ensure that his/her/its details are up to date.

    14. Governing Law

    These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction].    

    15. Intellectual Properties

    a. All content made available on this website, the Halfway App, the Halfway Restaurant App, and the Halfway Driver App (including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), as well as the compilation thereof, belongs to Halfway and is protected by South African copyright laws.
    b. Except where expressly permitted under these Terms and Conditions or through another written agreement with Halfway, no portion of this website, the Halfway App, the Halfway Restaurant App, or the Halfway Driver App may be copied, reproduced, or transmitted by any means whatsoever.
    c. Any unauthorized use, alteration, or dissemination of the information or content on the Halfway App, the Halfway Restaurant App, or the Halfway Driver App is strictly prohibited.
    d. Nothing on the Halfway App, the Halfway Restaurant App, or the Halfway Driver App shall be regarded as granting any license or right to use any Halfway trademark without prior written permission from Halfway.
    e. Halfway does not accept liability for any consequences that may result from the unlawful breach of copyright or unauthorized dissemination of information by third parties copying content from the Halfway App, the Halfway Restaurant App, or the Halfway Driver App. If the Club becomes aware of, or suspects, such a breach, the Club must promptly contact Halfway so that the issue can be addressed.

    16. General

    a. Neither Party may assign any of its rights or delegate any of its obligations under these terms and conditions to a third party without the prior written consent of the other Party.
    b. The terms and conditions are not intended to be for the benefit of, and shall not be enforceable by, any third party or any other person who is not Party hereto, and no Party can declare itself a trustee of the rights under it for the benefit of any third Party.
    c. The failure to exercise, or delay in exercising, a right, power or remedy provided by these terms and conditions or by law shall not constitute a waiver of that right, power or remedy. If a Party waives a breach of any provisions hereof, this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
    d. Nothing in these terms and conditions shall be deemed to constitute a partnership, create a relationship of principal and agent for any purpose between the Parties and/or create an employer and employee relationship between the parties.

    17. Severability

    a. Should any of these terms and condition become invalid and/or unenforceable and provided that such invalid and/or unenforceable term or condition not nullify the underlying intent of this Agreement, such terms and conditions shall be severable and be deemed to be deleted from the other terms or provisions of this Agreement which shall remain in full force and effect.
    b. Non-compliance with these terms and conditions:
    i. Should the Club fail to comply with these terms and conditions, for any reason whatsoever or should Halfway become aware that any information provided to it by the Club or deliveryman, without limiting the generality thereof, is false, that the Club or deliveryman is not in fact the person/entity whose information was provided and/or that it does not have the necessary authority and/or permission to provide the information, Halfway may at its own discretion disable and/or “freeze” the profile (the latter may be applied until any non-compliance is rectified and/or clarified and/or confirmed).
    ii. In the event of Halfway disabling the Club’s profile for the Club’s non-compliance with these terms and conditions, the Club shall forfeit any benefits ascribed to it and/or any fees payable to it in terms hereof.
    iii. Should Halfway fail to comply with any terms and conditions set out herein, the Club shall have the rights ascribed to it by Law, read together with these terms and conditions.

    18. Acceptance

    a. By accepting these terms and conditions and by utilising the App, the Club confirms that same is binding on it and constitutes a valid agreement between it and Halfway.