1. Introduction
    1. This website can be accessed at www.coachingcultureclubs.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Coaching Culture Clubs (Pty) Ltd (“Coaching Culture Clubs”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for books, eBooks, online courses, and more (“Goods”).
    5. Coaching Culture Clubs allows third party sellers to list and sell their Courses on the Website (each a “Third Party Seller”). Coaching Culture Clubs will indicate on relevant product pages and checkout pages when Courses are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Coaching Culture Clubs. This will be made clear in the relevant clause.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Coaching Culture Clubs or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Coaching Culture Clubs or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Coaching Culture Clubs to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Coaching Culture Clubs in terms of the CPA.
    6. Coaching Culture Clubs permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  3. Returns
    1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Coaching Culture Clubs. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify Coaching Culture Clubs immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Coaching Culture Clubs representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Coaching Culture Clubs representative.
  5. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which Coaching Culture Clubs or the Third Party Seller may accept or reject. Whether or not Coaching Culture Clubs or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Coaching Culture Clubs for the Goods.
    2. NOTE: Coaching Culture Clubs or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Coaching Culture Clubs or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Coaching Culture Clubs stating that your order or payment has been confirmed. Coaching Culture Clubs will indicate the rejection of your order (by Coaching Culture Clubs itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
    4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Coaching Culture Clubs or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Coaching Culture Clubs, Coaching Culture Clubs will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Coaching Culture Clubs will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    6. In the case of Goods for sale by a Third Party Seller, Coaching Culture Clubs relies on inventory information supplied by the relevant Third Party Seller and Coaching Culture Clubs accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
    7. Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
  6. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale by Coaching Culture Clubs or a Third Party Seller, payment can be made for Goods via –
      1. debit card;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Coaching Culture Clubs will not accept your order if payment has not been received;
      4. Instant EFT;
    3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
    4. By logging in on the Website, and clicking on Orders – you will be able to view your full order history. We will also send you email communications about your order and payment.
    5. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  7. Delivery of goods
    1. Coaching Culture Clubs offers 1 (one) method of delivery of Goods to you which is via courier
    2. For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    3. Where it accepts your order, Coaching Culture Clubs or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    4. Coaching Culture Clubs’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Coaching Culture Clubs is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  8. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
    2. Coaching Culture Clubs shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
  9. Gift Vouchers & Coupons
    1. Coaching Culture Clubs may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Coaching Culture Clubs Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
    2. Gift Vouchers
      1. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Coaching Culture Clubs gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
      2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
      3. Coaching Culture Clubs is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
    3. Coupons
      1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
      2. Coupons are issued in Coaching Culture Clubs’ sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
      3. As a general rule, and unless specified otherwise on the specific Coupon itself:
        1. each Coupon can only be used once;
        2. only one Coupon can be used per order;
        3. only one Coupon can be used on the Website per person per promotion/campaign;
        4. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
        5. a Coupon must be used at check-out – it cannot be used later on existing orders; and
        6. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
      4. Coupons cannot be used to buy Gift Vouchers or other Coupons and cannot be exchanged or refunded for cash or credit. Coaching Culture Clubs is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
      5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid.  If Coaching Culture Clubs confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
      6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Coaching Culture Clubs, before you are able to use a Coupon.
      7. Click here for instructions on how to use/redeem a promotional coupon.
  10. Discounted Goods
    1. From time to time, we may offer certain Goods at discounted prices(the Deal). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
    2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
    3. For example: if you buy more than one product in a Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
  11. eBooks
  1. An “eBook” means an electronic book capable of being opened and read on your PC, Mac computer and on most mobile hardware devices (such as iPhones and Android based devices) using compatible software. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
  2. IMPORTANT – Limits to functionality and usage of eBooks:
    1. You will not be able to read eBooks on devices that do not support the eBook (.epub) or PDF format (choice available during purchase), therefore check your device prior to purchasing an eBook.
    1. You will need to be connected to the internet when you download an eBook. If the eBook is downloaded to a device, subsequent viewing of the eBook will not need an internet connection on the device.
  1. Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such an eBook and consequently, if Coaching Culture Clubs accepts your order, delivery will take place electronically via the internet as described below.
  2. Delivery of eBooks:
    1. When Coaching Culture Clubs accepts your order, upon receipt or confirmation of payment, your Link to the relevant eBook will be delivered to you via your email. A download link will also be displayed on your Coaching Culture Clubs’ account page. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Coaching Culture Clubs does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
      1. So as to reduce the risk of fraud, Coaching Culture Clubs may limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
      2. The Link will not appear if you have removed it, or Coaching Culture Clubs has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Coaching Culture Clubs’s Returns Policy pertaining to eBooks from time to time);
      3. Coaching Culture Clubs does not guarantee that the eBook will be available for download indefinitely and Coaching Culture Clubs accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook becomes no longer available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
    2. We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
    3. Practical issues to note in utilising the Link to download the eBook:
      1. .The eBook download link contains a unique identifier, which is used to determine the number of times the eBook has been downloaded. Coaching Culture Clubs reserves the right to limit the number of times an eBook can be downloaded.
      2. Users will be required to be logged into the Coaching Culture Clubs Website before being able to download the eBook.
      3. If you have any problems relating to the functionality of your Link, please report the issue to us here so that we can assist you in resolving the problem.
  1. Returns of eBooks: Please refer to our Refunds Policy.
  2. Illegal use of eBooks:
    1. All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
    2. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any license conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
    3. By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Coaching Culture Clubs from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Coaching Culture Clubs which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Coaching Culture Clubs.

For more information and assistance, please refer to our FAQ’s: eBooks, which are incorporated by reference:

  1. Online Course Codes
    1. An “Online Course” is a form of distance learning which allows you to develop your skills and knowledge on a certain topic, via the internet. In order to complete an online course, you need to have your own email account and access to the internet. You do not need to attend classes or visit an education campus. On completion, you will typically receive a digital certificate. Some online courses may require you to complete an assessment (also done online) to complete the course. Online Courses are accessible by means of providing your email and password on the Coaching Culture Club website.
    2. Upon signing in on the website of such Online Course providers, you will have automatic access to the  particular course you purchased
    3. IMPORTANT – Limitations relating to Online Course Codes
      1. You will be able to access Online Courses through the Coaching Culture Clubs website.
      2. You will need to be connected to the internet when you access the Online Course.
      3.  Access to the Online Course will be denied if you have ‘returned’ the Online Course (in accordance with Coaching Culture Clubs’ Returns Policy pertaining to Online Course Codes);
      4. Coaching Culture Clubs does not guarantee that Online Courses  will be available indefinitely and Coaching Culture Clubs accepts no responsibility or liability to you or any other person if the relevant Online Course is no longer available, provided that, if you discover and report such a problem within 6 months of your purchase of the Online Course, you will be entitled to a full refund of the purchase price paid therefor.
      5. We do not charge any delivery fees for electronic delivery of the relevant Online Course; however, you may incur costs (e.g. internet service provider fees) associated with accessing and using the Online Course, and we will not under any circumstances be liable for any such costs incurred by you.
      6. Practical issues to note in utilising the Online Course:
        1. If you have any problems relating to the usage of your Online Course Code, please report same to us here so that we can assist you in resolving the problem.
    4. Return of Online Course: please refer to our Returns Policy.
    5. Illegal use of Online Course:
      1. By purchasing and/or accessing any Online Courses you acknowledge and agree that the provisions of 12.3.1-12.3.6 are applicable to the usage and access thereof.
      2. You hereby acknowledge and agree to these Terms and Conditions and undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Coaching Culture Clubs from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Coaching Culture Clubs which arise from or in relation to your having participated in any Illegal Activities in relation to any Online Course Code sold by Coaching Culture Clubs.
    6. For more information and assistance, please refer to our FAQ’s: Online Courses, which are incorporated by reference.
  2. Third Party Sellers
    1. Coaching Culture Clubs will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Coaching Culture Clubs only provides the platform to facilitate transactions between Third Party Sellers and Coaching Culture Clubs customers. Coaching Culture Clubs is neither the buyer nor the seller of these Goods unless otherwise specified.
    2. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Coaching Culture Clubs is not a party to that sale.
    3. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
    4. Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
    5. Because Coaching Culture Clubs wants the registered user to have a safe and consistent experience, Coaching Culture Clubs will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Coaching Culture Clubs’s own Returns Policy. Should such claim escalate into being a dispute, although Coaching Culture Clubs is entitled to become involved in an attempt to resolve it, Coaching Culture Clubs is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  3. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    5. Subject to clause 15.6 below, we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
        6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
    6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Coaching Culture Clubs is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    8. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
    9. We will –
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    11. Coaching Culture Clubs undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
    12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Coaching Culture Clubs, COACHING CULTURE CLUBS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    14. In relation to eBooks –
    15. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.
  4. Changes to these Terms and Conditions
    1. Coaching Culture Clubs may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  5. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
  6. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Coaching Culture Clubs, its advertisers and/or sponsors and/or is licensed to Coaching Culture Clubs.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Contact page.
    4. Where any of the Website Content has been licensed to Coaching Culture Clubs or belongs to any third party, your 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.
  7. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Coaching Culture Clubs takes reasonable measures to ensure that the content of the Website is accurate and complete, Coaching Culture Clubs makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Coaching Culture Clubs’ representatives, Coaching Culture Clubs shall not be bound thereby.
    3. Coaching Culture Clubs disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Coaching Culture Clubs, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Coaching Culture Clubs also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Coaching Culture Clubs, its employees, agents or authorised representatives. Coaching Culture Clubs thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  8. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Coaching Culture Clubs is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  9. Limitation of liability
    1. Coaching Culture Clubs cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Coaching Culture Clubs, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact page.
    2. COACHING CULTURE CLUBS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY COACHING CULTURE CLUBS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  10. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. Coaching Culture Clubs may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Coaching Culture Clubs will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. Coaching Culture Clubs is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Coaching Culture Clubs to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Coaching Culture Clubs, in whole or in part, on notice to you. Coaching Culture Clubs shall only be liable to refund monies already paid by you (see Coaching Culture Clubs’ Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to Coaching Culture Clubs.
  11. Governing law and jurisdiction 
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Coaching Culture Clubs, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  12. Notices
    1. Coaching Culture Clubs hereby selects 20 Nancy Rd, Klevehill Park, Johannesburg as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Coaching Culture Clubs may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Coaching Culture Clubs not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  13. Complaints 
    1. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
  14. Information
    1. For the purposes of the ECT Act, Coaching Culture Clubs’ information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: Coaching Culture Clubs  (Pty) Ltd, a private company registered in South Africa with registration number K2016324648
      2. Main business: Online retailer
      3. Physical address for receipt of legal service (also postal and street address): 20 Nancy Rd, Klevehill Park (marked for attention: CEO and Legal)
      4. Office bearers: Michael Coyle; Kirsten Long
      5. Phone number: +27 82 784 8419
      6. Email address: info@coachingcultureclubs.com
  15. General
    1. Coaching Culture Clubs may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or Coaching Culture Clubs to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      6. These Terms and Conditions contain the whole agreement between you and Coaching Culture Clubs and no other warranty or undertaking is valid, unless contained in this document between the parties.