TERMS AND CONDITIONS
entered into between
SPORTSITE GLOBAL (REID No. GICO.117840-34)
and THE ADVERTISER and THE END
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
- INTERPRETATION AND PRELIMINARY
The headings of the clauses in these Terms and Conditions are for the purpose of convenience
and reference only and shall not be used in the interpretation of nor modify nor amplify the
terms of these Terms and Conditions nor any clause hereof. Unless a contrary intention
1.1 Words importing:
1.1.1 any one gender include the other two genders;
1.1.2 the singular includes the plural and vice versa; and
1.1.3 natural persons include created entities (corporate or unincorporated) and the state
and vice versa;
1.2 The following terms shall have the meanings assigned to them hereunder and cognate
expressions shall have a corresponding meaning, namely:
1.2.1 “Advertiser” means any natural or juristic person,
including its employees, representatives or agents, which contracts with Sportsite to place
adverts on the Website;
1.2.2 “Terms and Conditions” means this agreement and all
annexures hereto, if any;
1.2.3 “API” means application programming interface which
consists in a set of clearly defined methods of communication between various software
1.2.4 “Business Day” means any day other than a Saturday, Sunday
or public holiday in South Africa;
1.2.5 “Client” means the Advertiser and/or the End User;
1.2.6 “Cookies” means a small file placed on the Client’s
device that enables Sportsite to inter alia recognize repeat users of the Website, tracks
the Client's behaviour and activity on the Website, and display focused advertising to the
1.2.7 “Content” means any data, text, files, information,
usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works,
works of authorship, applications, links and other content or materials submitted by a
Client to the Website;
1.2.8 “End-User” means any user of the Website, who is not an
Advertiser, specifically as “athlete” or a “fan”;
1.2.9 “Minimum Age” means 13 (thirteen) years old. However, if
law requires that the Client must be older in order for the Company to lawfully provide the
Services to them without parental consent (including using of your personal data) then the
Minimum Age is such older age;
1.2.10 “Party” means either Sportsite or the Client or both, as
the context may require;
1.2.11 “Personal Information” means the definition of Personal
Information as contained in Section 1 the Protection of Personal Information Act, No. 4 of
2013, as amended from time to time;
1.2.13 “Services” means the Website, Company-branded apps,
Company learning and other related sites, apps, communications and other services, including
the offsite collection of data for those Services, such as ads and plugins, if any;
1.1.14 “Sportsite” means SPORTSITE GLOBAL (REID No.
GICO.117840-34) with registered address at Suite 2B, 143 Main Street, Gibraltar;
1.1.15 “Sportsite Content” means material, information, data,
software, icons, text, graphics, lay-outs, images, sound clips, video clips, logos
trademarks, designs and service marks which appear on the Website and which is owned or
licensed for use by Sportsite;
1.1.16 “Website” means the website accessed at
www.sportsite.global as well as mobile applications which are owned and operated by
Sportsite is a social networking and online platform for sports people of all sporting
disciplines. End-Users and Advertisers alike use the Website to connect with, and follow
each other to share and consume information related to their chosen sporting discipline/s.
- REGISTRATION AND USE OF THE WEBSITE
3.1 By registering to use the Website and accepting these Terms and Conditions, the Client
agrees, warrants and undertakes that:
3.1.1 The Client is older than 13 years old has reached the Minimum Age, failing which, the
Client has the requisite parental or guardian permission to use the Website and its
Parents and Guardians: By granting your child permission to use the
Services through your account, you agree and understand that you are responsible for
monitoring and supervising your child's usage. If you believe your child is using your
account and does not have your permission, please contact us immediately so that we can
3.1.2 by default the Client’s account will be public, unless it is manually changed to
3.1.3 All Content posted by the Client will be truthful. Notwithstanding the aforementioned,
Sportsite does not confirm or warrant the authenticity or truthfulness or correctness of any
Content on the Website;
3.1.4 All Content posted by the Client will not contain or promote hate speech, violence,
nudity or partial nudity, discrimination of any kind, unlawful or illicit activity,
pornography or sexually suggestive Content;
3.1.5 The Client is wholly responsible for any activity that occurs through the
Client’s account and that the Client shall not sell, transfer, license or assign their
account, fans, username, or any other account rights to any other person or entity;
3.1.6 The Website is not a data backup service. Clients are encouraged to ensure their
Content is fully backed up outside of the Website’s servers;
3.1.7 The Client’s account has been created by the user himself/itself and not on
behalf of the Client, its employer or clients;
3.1.8 All information and particulars furnished to Sportsite during the registration of the
Client’s account will at all times be true, accurate, current and complete and that
should it become necessary, the Client’s account will be updated to maintain the
accuracy and truthfulness of the account;
3.1.9 The Client will not solicit, collect or use the login credentials of other Website
3.1.10 The Client shall be solely responsible for ensuring the Client’s password is
kept secret and secure and that the password is sufficiently strong;
3.1.11 The Client shall not defame, stalk, bully, abuse, harass, threaten, impersonate or
intimidate any other End-User, and will not post private or confidential information via the
3.1.12 The Client shall be solely responsible for their conduct and any Content;
3.1.13 The Website shall not be used for any illegal or unauthorized purpose and that all
laws, rules and regulations applicable to the use of the Website and the submission of
Content shall be complied with;
3.1.14 The Client shall not create, change or alter another website or mobile application so
as to create the false impression that it is associated with or endorsed by the Website or
3.1.15 Sportsite shall be entitled to place advertising and promotional Content on the
3.1.16 The Client shall not access the Website’s API by means other than those
permitted by Sportsite and the Website;
3.1.17 The Client shall not create, spread or disseminate unwanted email or online
communications, comments, reactions or other forms of commercial or harassing communications
to any Website users;
3.1.18 No domain names or web Uniform Resource Locator (URLs) will be used in the
Client’s username without having obtained prior written consent from Sportsite;
3.1.19 The Client shall not interfere with or disrupt the Website, servers or networks
connected to the Website, including but not limited to the transmission of any worms,
viruses, spyware, malware or any other code of a destructive or disruptive nature;
3.1.20 The Client shall l not inject Content or code or otherwise alter or interfere with the
way any Website page is rendered or displayed in a End-User’s browser or device;
3.1.21 The Client shall not create accounts with the Website through unauthorized means,
including but not limited to, by using an automated device, script, bot, spider, crawler or
3.1.22 The Client shall not attempt to restrict an End-User from using or enjoying the
3.1.23 The Client shall not encourage or facilitate violations of these Terms and Conditions;
3.2 Any violations of these Terms and Conditions may, in Sportsite's sole discretion, result
in the termination, suspension or deactivation of the Client’s account on the Website,
without notice to the Client.
through the Client’s browser.
- OWNERSHIP AND INTELLECTUAL PROPERTY
4.1 Sportsite does not claim ownership over any Content posted on or submitted to the Website
by the Client.
4.2 By agreeing to these Terms and Conditions, the Client hereby grants Sportsite a
non-exclusive, fully paid and royalty free, transferable, sub-licensable worldwide license
4.3 Sportsite Content is owned or licensed for use by Sportsite and is protected by copyright
and trademark laws. The Client shall not acquire any right, title or interest in the Website
or the Sportsite Content. By agreeing to these Terms and Conditions, the Client herby
warrants and undertakes that they shall not imitate, copy or use, in whole or in part, any
Content without the prior written consent of Sportsite.
5.1 Sportsite will take all reasonable measures to respect, protect, maintain and uphold the
5.2 All End-Users will be required to provide Sportsite with their Personal Information in
order to create an accurate profile, and provide a verification method for user safety,
which includes but is not limited to:-
5.2.1 name and surname;
5.2.2 email address;
5.2.3 physical address;
5.2.5 mobile number; and
5.2.6 date of birth.
5.3 The Client warrants and undertakes to inform Sportsite of any changes to their Personal
Information as soon as is reasonably possible so that Sportsite may maintain updated
Personal Information on all Clients.
5.4 The provisions of Section 51 of the Electronic Communications and Transactions Act, No.
25 of 2002 apply, as if specifically incorporated herein.
5.5 Sportsite warrants and undertakes that it shall:
5.5.1 Maintain the strict confidential nature of all personal information, subject to these
Terms and Conditions;
5.5.2 Take appropriate technical and organizational measures in order to ensure that the
Client’s Personal Information is kept secure and is protected against unauthorised or
unlawful processing, access, disclosure, accidental loss, destruction, damage or alteration;
5.5.3 Notify the Client immediately, in writing, upon becoming aware of any unauthorised use,
disclosure or processing of the Client’s Personal Information;
5.5.4 Upon reasonable notice and request, provide the Client with reasonable evidence of
compliance with Sportsite’s obligations in terms of these Terms and Conditions;
5.5.5 At the request of the Client and within 30 (thirty) days of written request, destroy or
return any of the Client’s Personal Information under Sportsites control except that
which Sportsite shall be legally obliged to retain.
5.6 In order to ensure the integrity and confidentiality of a Client’s Personal
Information, Sportsite warrants and undertakes that it shall:
5.6.1 Identify all reasonably foreseeable internal and external risks to Personal Information
in its possession or under its control;
5.6.2 Establish and maintain appropriate safeguards against the risks identified;
5.6.3 Regularly verify that the safeguards are effectively implemented; and
5.6.4 Ensure that the safeguards are continually updated in response to new risks or
deficiencies in previously implemented safeguards.
5.7 Sportsite warrants and undertakes that it shall not, without obtaining the Client’s
express prior consent, utilise the Client’s Personal Information for any purposes
5.7.1 if the Client is an Advertiser, in relation to the requesting, placement and payment of
5.7.2 to contact the Client in relation to new services offered by Sportsite or the Website
and the provision of marketing or promotional material, unless the Client has expressly
opted out from receiving marketing material from Sportsite and the Website;
5.7.3 to improve the Clients interaction with and experience on the Website.
5.8 Sportsite warrants and undertakes that it shall not, without obtaining the Client’s
express prior consent, dispose of the Client’s Personal Information to any third
party, other than as set out hereunder:
5.8.1 to Sportsite’s third party service providers who provide fraud prevention,
marketing and technology services to Sportsite and who, under contract with Sportsite, are
prohibited from utilising the Client’s Personal Information for any purpose other than
the purpose for which it was provided;
5.8.2 to Sportsite’s employees, agents and service providers where such Personal
Information may be required for effective and efficient communication between Sportsite, the
Website and the Client;
5.8.3 upon or in contemplation of the sale, merger or change in control of Sportsite to a
third party, subject to the provisions of these Terms and Conditions.
5.9 Notwithstanding the aforementioned, Sportsite shall be entitled to use or disclose the
Client’s Personal Information if such use or disclosure is required in order to comply
with any applicable law, subpoena, order of court or legal process with which Sportsite is
ordered to comply.
- DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 Sportsite shall not be liable for modification, suspension or discontinuation of the
Website or the loss of Content arising from whatsoever cause.
6.2 Use of the Website is entirely at the Client’s own risk. The Client assumes full
responsibility for any risk or loss resulting from the use of the Website or any reliance
upon Content hosted on the Website.
6.3 Sportsite makes no representations, warranties or undertakings, whether express or
implied, as to the accuracy, truthfulness, quality, reliability, or integrity of the Website
itself or of any Content on the Website.
6.4 Sportsite hereby disclaims liability for any damage, loss or expense, whether direct or
indirect, arising out of or in connection with the use of the Website or reliance on the
Content on the Website, sustained by the Client, or any other party.
6.5 The Client hereby indemnifies, waives all claims against and holds harmless Sportsite
against any loss or damage, however so arising, suffered by the Client, as a result of
disclosure of Personal Information to a third party.
6.6 Any views or statements made or expressed on the Website are not necessarily the views of
Sportsite, its directors, employees or agents.
6.7 Sportsite does not warrant that the Website itself, or any Content available on the
Website shall be free of worms, viruses, trojans, spyware, malware or any other code of a
destructive or disruptive nature.
- ONLINE PAYMENT PROCESSING TERMS
7.1 Sportsite is a business in the mobile application, web application and social media
industry that provides a platform for athletes to market themselves to organisations as well
7.2 Purchases are for digital advertising space, and subject to availability and receipt of
7.3 Requests will be processed immediately, and delivery confirmed by way of automated
7.4 The provision of goods and services by Sportsite is subject to availability. In cases of
unavailability, Sportsite will refund the Client in full within 30 (thirty) days of receipt
of written request. Cancellation of orders by the Client will attract a 10% (ten percent)
administration fee. Notwithstanding the aforementioned, Advertisers who place adverts on the
Website warrant and undertake that no refund may be claimed from Sportsite. Advertisers will
pre-approve each adverts reach before proceedings to payment.
7.5 Sportsite shall take all reasonable steps to protect the Personal Information of users.
For the purpose of this clause, “Personal Information” shall be
defined as detailed in the Promotion of Access to Information Act, No. 2 of 2000
(“PAIA”). The PAIA may be viewed on the website. In addition to
and Conditions shall apply to all Clients.
7.6 Payment may be made via Visa, MasterCard and PayPal when the advertising feature becomes
7.7 Card transactions will be acquired for Sportsite via Braintree. Users may go to
www.braintree.com to view their security certificate and security policy.
7.8 Customer details will be stored by Sportsite separately from card details. For more
detail on Braintree refer to www.braintree.com
7.9 The merchant outlet country at the time of presenting payment options to the cardholder
is Gibraltar Transaction currency in United States Dollars (USD).
7.10 Sportsite takes responsibility for all aspects relating to the transaction including
sale of digital advertising space sold on this Website, customer service and support,
dispute resolution and delivery of goods.
7.11 The Website is governed by the laws of South Africa and Sportsite chooses as its
domicilium citandi et executandi for all purposes hereof, whether in respect of
court process, notice, or other documents or communication of whatsoever nature, at 21
Wallflower Street, Paarden Eiland, 7441, Western Cape.
7.12 Sportsite may, in its sole discretion, change these Terms and Conditions or any part
thereof at any time without notice.
7.13 The Website is run by SPORTSITE GLOBAL (REID No. GICO.117840-34) based in Gibraltar,
trading as Sportsite, with Registration Number SPORTSITE GLOBAL (REID No. GICO.117840-34).
7.14 Sportsites registered and physical address is Suite 2B, 143 Main Street, Gibraltar; and
is contactable via email at [email protected] and telephonically at +27 21 510 0552.
8.1 Sportsite may, in its sole discretion, at any time and for any reason and without prior
written notice to the Client, suspend, deactivate or terminate the operation of the Website
or the Client’s use of and access to the Website.
8.2 Upon suspension, deactivation, suspension or termination of the Website or the
Client’s use of the Website, all Content submitted by the Client will cease to be
available to the Client; however, such Content may continue to exist on the Website by
virtue of having been shared by other Clients.
8.3 Upon suspension, deactivation or termination of the Website all licenses and other rights
granted to the Client in terms of these Terms and Conditions shall immediately lapse.
8.4 Sportsite may, in its sole discretion, at any time and for any reason and without prior
written notice to the Client force forfeiture of a Client’s username.
8.5 Sportsite may, in its sole discretion, at any time and for any reason and without prior
written notice to the Client, but without an obligation to do so, remove, edit, block or
monitor Content or a Client’s account.
8.6 The Client shall be responsible for all data charges incurred through the use of the
8.7 These Terms and Conditions constitutes the whole agreement between the Parties relating
to the subject matter hereof.
8.8 Subject to the Company’s rights contained herein, no variation, amendment or
consensual cancellation of These terms and Conditions or any provision or term thereof or
any agreement or other document issued or executed in terms of these Terms and Conditions
and no settlement of any disputes arising under these Terms and Conditions and no extension
of time, waiver or relaxation or suspension of any of the provisions or terms of these Terms
and Conditions or other document issued in terms of these Terms and Conditions shall be
binding unless recorded in a written document signed by the Parties. Any such extension,
waiver or relaxation or suspension which is so given or made shall be strictly construed as
relating strictly to the matter in respect whereof it was made or given.
8.9 No extension of time or waiver or relaxation of any of the provisions or terms of these
Terms and Conditions, shall operate as an estoppel against any party in respect of its
rights under these Terms and Conditions, nor shall it operate so as to preclude such party
thereafter from exercising its rights strictly in accordance with these terms and
8.10 No Party shall be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein, whether it induced the contract and/or whether it
was negligent or not.
8.11 No failure by a Party to enforce any term of these Terms and Conditions will constitute
a waiver of such term or affect in any way such Party’s right to require the
performance of such term at any time in the future, nor will a waiver of a subsequent breach
nullify the effectiveness of the term itself.
8.12 If any term or part of any term of these terms and Conditions is for any reason
whatsoever, including a decision by any court, any legislation or any other requirement
having the force of law, declared or becomes unenforceable, invalid or illegal, the
remainder of these Terms and Conditions shall not be affected and the invalid provision or
part shall be replaced or amended.
9.1 Sportsite is in no way liable or responsible for the delivery of sponsorships on the
platform. Sportsite merely provides a platform to connect athletes and brands, or users with
other users, but may, from time to time and in its sole discretion, run competitions, which
may include sponsorship programs.
9.2 Where such sponsorship programs are offered, winners will be determined by a number of
factors, all of which will be at The Committee’s discretion and may be revised at any time.
These may include the quality and honesty of a user’s profile, content and CV/resume. Their
contribution to the platform, behavior both on and off the app, social reach and general
maturity towards other users and brands.
The number of entries a user gets is determined by their profile score, multiplied by
the number of likes on their post. This placement of total number of entries, however, does
not determine the final winner, as every entry is considered without bias. In addition to
this, in most cases, pro members are considered for sponsorships.
9.3 Lucky draws and random selection sponsorship deals may be run from time to time. In these
instances the winner will be selected randomly with no reference to profile score, likes or
9.4 The judges’ decision will be final and no correspondence will be entered into.
Winners will, from time to time, be announced on the Sportsite platform and in some cases on
other Sportsite Social Media pages or via direct message between the giver and receiver. The
prize(s) may be taken as stated and in some cases an alternative will be offered due to
stock availability and delivery options. If prize is not available for any reason
whatsoever, a similar prize of equal or lesser value will be offered and cash compensation
of the difference will not be offered. This is up to the discretion of the judges, due to
varying factors and will be considered full and final settlement of the Sponsorship deal.
9.5 Good sportsmanship and best practice is required, and the committee may review the
winner/s conduct on the program and generally within the app and is entitled to award the
sponsorship to the user who displayed better practice.
9.6 The Committee reserves the right to accept or reject any entry.
9.7 Import and duty fees may be incurred by the receiver on receipt of the delivery.
- TALENT SCOUTS
10.1 Sportsite provides a platform for talent scouts to connect with athletes and users on
the app, but is in no way responsible for these connections and/or their (un)successful
10.2 Sportsite platform allows for Talent Scouts to upload a post detailing the position, and
the application process will be completed by successful upload of post by the athlete, after
the athlete’s post having been linked to that of the talent scout’s. Any further
action between the talent scout and the athlete is independent of Sportsite, and the athlete
does not hold Sportsite, its employees or contractors liable or responsible for any
eventuality as a result of connecting with the talent scout.
10.3 The Committee reserves the right to accept or reject any entry.
- PAYMENTS, FEES AND PREMIUM SUBSCRIPTION
To pay any fee, you must designate and provide information about your preferred payment
method (e.g., credit card, online payment service, a third party, like iTunes or Google
Play, or any other payment method made available by Sportsite) (the “Payment Method”). If
you provide your payment information, you authorize us and certain third party service
providers, payment card networks and payment processors to receive, store and encrypt your
payment information. No refunds or credits will be provided by Sportsite, other than as set
forth in these Terms. If your payment provider determines that there are fraudulent charges
on your account resulting from use of your Payment Method at the Services, please contact us
immediately at [email protected]
“Sportsite Premium Subscription” : Premium subscription plan is a monthly plan. In order to
access certain functionality of the Services, including but not limited to a premium
subscription or PRO version of Sportsite, you may be required to pay subscription fees.
Subscription fees, along with any required taxes, may be paid on a monthly basis. All
subscription fees are payable in advance. You agree to pay the subscription fees, and other
charges you incur in connection with your Sportsite account, whether on a one-time or
subscription basis. Sportsite reserves the right to increase subscription fees, any
associated taxes, or to institute new fees at any time upon reasonable advance notice.
Subscription fees will be billed automatically at the start of the monthly period, as
applicable. These fees will auto-renew until your subscription is terminated. Your
subscription fee will be the same as your initial charges unless you are otherwise notified
in advance. You may cancel your subscription at any time, as described below.
11.3 Cancellation of subscription
If you signed up on Sportsite, you may cancel your subscription by visiting your “Profile”
page and selecting “Subscription Membership.” If you signed up through the Google Play or
iTunes store, you may cancel your subscription by downgrading through the corresponding
store. The cancellation of a subscription will go into effect at the end of your current
billing cycle. When your subscription ends, your account will remain and become a free
subscription User's Purchased Subscription Data will not be removed. You can renew your subscription at any time without opening a new account,
although the subscription fees may have increased. You can delete your account at any time.
- Data Retention and Account Closure
To delete your account, navigate to settings – delete account.
To delete individual posts without deleting your account – tap on the 3 dots underneath your
post and select “delete”. Once removed,the activities may remain on Sportsite’s systems
until you delete your account.
After a user has been deleted from system, the user’s login will Not Work for the
user. All posts previously posted by that user will be deleted from the system and
upon redirection to that user’s profile, will reflect as "User Not Found" from
Comments, Likes, Notification List, Mail/Chat, etc. Deleted user will not be visible
in search by other users. Any comments, likes, notification lists, mail /chat will not
be removed following the deletion of their account.
After you make a deletion request, we permanently and irreversibly delete your personal data
from our systems, libraries and databases, including backups. Once deleted, your data, including your account and
posts cannot be reinstated. Following your deletion of your posts or your account, it may
take up to 90 days to delete your personal information and system logs from our systems.
Additionally, we may retain information where deletion requests are made to comply with the
law and take other actions permitted by law.
Note that content you have shared with others, such as photos, comments, likes, notifications, mails and chats or that others have copied may
also remain visible after you have deleted your account or deleted specific information from
your own profile. Your public profile may be displayed in search engine results until the
search engine refreshes its cache