Terms and Conditions: The User

1. Parties

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

2. Introduction

a. The parties hereby enter into this agreement as a requirement for the User 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 Party Provider(s)” shall mean the Golf Courses with whom Halfway has entered into agreements with, which includes it directors, shareholders, management, duly appointed employees, affiliates, associates and/or partners from which items are purchased by the User and to whom payment is made in respect of such items.
ix. “Third parties” shall refer to any person, whether natural, legal or legislative, who is not a party to this agreement;
x. “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 creation of account.
xi. “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;
xii. “Personal Information” shall have the meaning ascribed to it in Chapter 1 of the POPI Act.

3. Services

a. The Services constitute a technology platform that enables users of Halfway’s mobile App to arrange and schedule transportation and/or delivery of goods with Third Party Providers of such goods, including independent third party transportation providers and independent third party logistics providers under agreement with Halfway or certain Halfway affiliates.
b. Unless otherwise agreed by User in a separate written agreement with the User, the Services are made available solely for the User’s personal, non-commercial use.
c. For the App to function properly and services to be rendered herein, the following permissions are required:
i. Location services of the User’s device is required in order for Third Party Providers to locate the User on its Golf Course for items to be delivered to the User directly;
ii. Contact details of the User must be available to the Third Party Providers in the event of the Third Party Provider not being able to locate the User on its Golf Course and therefore the User grants permission, as per Halfway’s Privacy Policy, for its contact number to be provided to the Third Party Provider for the purposes of contacting the User in order to locate it; and
iii. Messaging services via the App between the Third Party Provider for the purpose of delivering items to the User directly and therefore, the User grants permission to the Third Party Provider to contact it via the App’s messaging system.
d. Subject to the User’s compliance with these terms and conditions, Halfway grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
i. access and use the Applications on its personal 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.
e. Any rights not expressly granted herein are reserved by Halfway and Halfway’s licensors.
f. Links to third-party websites are provided for convenience only and may be discontinued at any time. The fact that Halfway provides a link to a third-party’s website does not mean that it endorses, authorises or sponsor that website, nor that Halfway is affiliated with such website’s owners and/or sponsors.
g. The Services may be made available or accessed in connection with third party services and content (including advertising) that Halfway does not control. The User acknowledges that different terms of use and privacy policies may apply to its use of such third-party services. Halfway does not endorse such third party services and content and in no event shall Halfway be responsible or liable for any items or services of such Third Party Providers.
i. 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 service.

4. Use of the App

a. In order to utilise the App, the User shall be required to provide certain personal information and its banking details to enable the App to link the User’s account.
b. The User is to provide its banking details in order for deductions to be made from their banking profile and/or account and/or debit card and/or credit card held with the relevant registered banking institutions.
i. By accepting the terms and conditions of this agreement, the User agrees that Halfway may process its banking details as set out in this agreement.
ii. The provision of the banking details does not constitute the User’s agreement that any transactions not authorised by it may be deducted from its banking account and does not provide Halfway and/or any of its associates the authority to deduct any amounts from the User’s account.
iii. Halfway and/or any of its associates shall not have the right to authorise any transactions without the consent of the User, which consent may only be provided via the App and upon the specific request of the User.
c. Card transactions will be acquired for Halfway via Halfway’s preferred Payment service provider (PSP), who is the approved payment gateway for all South African Acquiring Banks.
i. The User’s details will be stored by Halfway as set out herein and in our Privacy Policy, however Halfway will not be storing any of the user’s credit/debit card details or any other details with regards to banking information. However the PSP might collect the User’s banking details.
ii. For more information on 4.3.1. please visit https://paystack.com/za/terms.
iii. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
iv. Payment may be made via Visa, MasterCard or American Express Cards or by direct debit from the User’s banking account to the account of Halfway directly.

d. Subject to receipt of instructions and/or authorisations, such instructions and/or authorisations will be processed immediately for payment to be made to service providers.
e. The User 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. link to, mirror or frame any portion of the Services;
v. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; and/or
vi. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or network.

5. Responsibilities of the User

a. The User shall ensure that the information provided to Halfway via the App is indeed correct and is its own details. The User hereby specifically agrees that it has not provided the details, such as, but not limited to, personal information and/or banking details, of another third party. The User specifically agrees that it is the person/entity whose details have been provided.
b. The User specifically agrees that in the event of the banking account and/or banking profile provided via the App does not belong to it, that it has obtained the necessary authorisation and/or permission and/or consent to link the banking account and/or banking profile to the App for deductions to be made from its banking account as and when authorised by the User.
c. The User shall use the App at its own risk and must at all times apply its due diligence in utilising the App to ensure that, but not limited to, authorisations provided are correct and intentional and that all information provided is correct.
d. The User 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).
e. It shall at all times be accepted that when the User’s profile is accessed from any device, same is accessed by the User itself and not by any other third party. The User is therefore responsible for protecting its credentials and login information and must not provide same to any other third party. Should the User provide same to third party, whether verbally, in writing or by logging into the App from a third party’s device(s), same is done at the User’s own risk. Providing such information to any third party does not constitute any agreement between Halfway and such third party, as this agreement is accepted by the User and is only enforceable between Halfway and the User in respect of the User’s registered and/or linked profile.
f. The User shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles, which includes, but are not limited to, motor vehicles, motorbikes, golfcarts, carriages and/or carts, and/or other property resulting from use of the App and/or services under the User’s account in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Halfway and at Halfway’s reasonable discretion, Halfway reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using the User’s payment method designated in its Account. Such amounts will be transferred by Halfway to the applicable Third Party Provider and are non-refundable.
g. The User 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.
h. The User shall apply the necessary care in reading all communication sent by Halfway via the App and ensure that it knows and understands such communications.
i. If the User is under the age of 18 years old, her or she is, by law, not allowed to order or purchase any alcoholic beverage.

6. Responsibilities of Halfway

a. Halfway shall ensure that all relevant information provided by the User 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 User 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 ensure that all authorised transactions are processed accordingly and that payment is authorised to be transferred from the User’s nominated banking account and/or profile and that payment is made to the service provider and/or legal entity directly and in a manner that enables the service provider a and/or legal entity to allocate the payment to the User’s account and/or invoice and/or profile.
d. Halfway shall communicate any relevant, necessary and/or important information with the User via the App. Such information is to include, without limiting the generality thereof, any changes to these terms and conditions, information regarding authorisations in respect of payments to be made from the User’s banking account, 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.
e. Halfway shall ensure the proper functioning of its App as far as possible.

7. 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.

8. Privacy Policy

a. Halfway’s Privacy Policy can be accessed at https://halfwaygolf.co.za/privacy-policy/

9. Changes to these Terms and Conditions

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

10. Complaint process/Dispute Resolution

a. In the event of the User wishing to lay a complaint and/or wish to submit an issue to Halfway, the User is to send such complaint in writing and via email to [email protected].
b. Halfway shall only attend and/or investigate complaints related to the app functionality and not complaints related to service delivery and errors associated with the Club.
c. Halfway shall acknowledge receipt and investigate/attend to complaints contemplated in clause 10.1 within a reasonable time period and provide feedback to the User.
d. 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.
e. 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.

11. Domicilium citandi et executandi

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

12. Electronic Communication

a. By using the App, the User agrees to receive communication from Halfway and accept all risks associated therewith, subject to the ECTA.
b. The User agrees that any information sent to Halfway electronically may be acted on and relied on by Halfway. The onus rests upon the User to ensure that Halfway receives all electronic information sent to it.
c. The User herewith agrees that should Halfway need to send any agreements, notices, or other communication to the User that it may send same electronically and the User further agrees that such agreement, notices and/or other communications will constitute communication in writing.
d. Electronic communication sent to Halfway shall only be regarded as received if and/or when it acknowledges receipt of same in writing. If any electronic communication sent to Halfway is blocked, filtered and/or destroyed by Halfway’s filtering and/or virus checking systems, Halfway shall not be regarded as having received such electronic communication.
e. By using the App, the User agrees that Halfway may intercept, block, filter, read, delete, disclose and/or use all communications that is sent to it electronically subject to the provisions of the Interception of Communications Act, 70 of 2002.

13. Governing Law

a. This agreement shall be governed by, construed and interpreted by the Laws of the Republic of South Africa.

14. Duration

a. These terms and conditions shall be binding on the Parties for such time as the User uses the App and/or Website and the User’s profile on the App and/or Website remains active.
b. Should the User deactivate its account, any agreement between the parties shall cease to exist and the parties shall have no obligations toward one another in respect thereof.

15. 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 User 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 User, without limiting the generality thereof, is false, that the User is not in fact the person 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 User’s profile for the User’s non-compliance with these terms and conditions, the User 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 User shall have the rights ascribed to it by Law, read together with these terms and conditions.

16. Intellectual Properties

a. All content made available on this website (for example, 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 if expressly permitted in terms of these Terms and Conditions or another written agreement with Halfway, no portion of this website may be copied or transmitted via any means whatsoever.
c. Any unauthorized use, alteration, or dissemination of the information or content on the App is prohibited.
d. Nothing on the App should be regarded as granting any license or right to use any Halfway trademark without its prior written permission.
e. Halfway does not accept liability for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the App. If the User suspects a breach or where a breach may have taken place and/or same comes to the User’s knowledge, the User is requested to contact Halfway as soon as possible in order for it to address the problem.

17. 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.

18. Headings

a. The headings of the sections, paragraphs, and sub-paragraphs are included for reference purposes.

19. Acceptance

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