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TERMS OF USE FOR YOUR WEBSITE
What are Terms of Use? Why are they important? Terms of Use (“Terms”) are a set of legal terms defined by the owner of a website. They set forth the terms and conditions governing the activities of the website visitors on the said website and the relationship between the site visitors and the website owner.

 

Website Owner; the Offering; Binding of Terms. 

This website is owned and operated by Melanie Visagie. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors training and participation in swimming-related activities. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Who can use our website and what are the requirements to create an account.  

In order to use our website and/or receive our services, you need to be at least 21 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any applicable law or regulation applicable to you. If you are under 21 years of age and you have the authority of your legal guardian to access our website, you may do so on condition that your legal guardian informs us of this relaxation. Under no circumstances may you register or commit yourself to any service or event offered on our website unless explicit permission to do so is granted by your legal guardian.

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Key Commercial Terms Offered to our Customers.

When subscribing or registering for any event or service offered on our website, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. 
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for services or events displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the General Costs and Training Times page, as well as event-specific pages on our site.
 

Refund Policy.

To de-register for a service or decline further services, simply let us know at melsmidmarmaniacs@gmail.com or message Melanie on 0716099153. A refund of any pre-paid fees will be made to you within 3 working days. In addition, please note the following: No refund is possible for registration fees paid by you, in order for us to enter you as a swimmer in any Capital K or Midmar Mile event. Once your payment is received in respect of participation of any of these aforementioned events, your funds are immediately paid over to the race organisers and cannot be reversed.

Retention of Right to Change Offering.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 
Warranties & Responsibility for Services.

If we are unable provide you with a training, swimming or water aerobics lesson that you have paid for on that day, an alternative day will be offered to you.

 

Ownership of Intellectual Property, Copyrights and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Melanie Visagie as owner and principal of Midmar Maniacs. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. The Midmar Manics website have your explicit permission to publish any image or video depicting you or any group associated with you at any time.

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Right to Suspend or Cancel User Account.

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations”.

 

Indemnification.

You agree to indemnify and hold Melanie Visagie and Midmar Maniacs harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.

 

Limitation of Liability. 

To the maximum extent permitted by applicable law, in no event shall Melanie Visagie or Midmar Maniacs be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 
To the maximum extent permitted by applicable law, Melanie Visagie and Midmar Maniacs assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms.

We reserves the right to modify these terms from time-to-time at our sole discretion.  Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time.

 

Preference of Law and Dispute Resolution.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Pinetown, KZN. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Customer Support Details & Contact Info. 
All details are found on the Contact page as follows:

Name of operator : Melanie Visagie (Coach)

Cell: 0716099153

Email: melsmidmarmanics@gmail.com

Name of Website: Midmar Maniacs / The Midmar Maniacs.

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