TERMS AND CONDITIONS
The following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings;
- "AGREEMENT" - means these terms and conditions, and all annexures hereto (as set out in the completed and accepted 1TGOLF PROMOTER Agreement), as may be amended from time to time in accordance with the provisions of this AGREEMENT.
- "DAY" - means any day including Saturdays, Sundays or official public holidays in the Republic of South Africa.
- "PROMOTER" - means the entity, specified as the PROMOTER in the AGREEMENT which is an individual residing in South Africa with a valid bank account and not recognised as an employee of 1TGOLF or holding company, subsidiary company or partner company and therefor not entitled to any employment rights as per the various employment acts of South Africa
- "EFFECTIVE DATE" - means the start date of this AGREEMENT, being the date on which this AGREEMENT was accepted at date of registration as a PROMOTER.
- "1TGOLF" - means MYWINE Cellar Management Solutions (PTY) LTD trading as 1TGOLF (Registration Number 2014/201415/07.
OBLIGATIONS OF 1TGOLF
- make marketing material from time to time available on various social media platforms for promoters to make us of
- email a weekly report, every Wednesday or nearest working day after, of all registrations made with the PROMOTER code
- pay all monies owed to the PROMOTER, every Wednesday or nearest working day after, for all PAID and RETAINED FOR 7 (SEVEN) DAYS registrations made by golfers with the PROMOTER code as per the aforementioned weekly report into their designated bank account. Proof of said payment will be sent to the PROMOTER via email and will close off the transaction as final and paid in full by 1TGOLF.
OBLIGATIONS OF THE PROMOTER
The PROMOTER will always promote 1TGOLF in professional manner in any and all online and offline promotional material, video, text and speech. Said promotion will be free of any;
- political propaganda and religious affirmations
- bigotry views towards any party of any nature
- illegal activities such as the promotion of drugs, pornagraphy, hacker ware and so on
- harmful activities such as the promotion of weapons and devices designed to bring harm to humans and animals
TERM AND TERMINATION
This AGREEMENT shall commence on the EFFECTIVE DATE and shall continue thereafter until 30 November 2023 or until terminated by either party giving the other at least 30 DAYS prior written notice of termination before 30 November 2023 whereafter the unique promoter code will expire and 1TGOLF will cease weekly report communication and payments to the promoter after all monies owed to the promoter has been paid in full by 1TGOLF.
- All right and title in and to 1TGOLF, including without limitation any and all of the trade names, trademarks, copyrights, source codes, and other intellectual property rights used or embodied in or in connection with 1TGOLF, including any documentation or manuals in relation thereto, shall be and remain the sole property of 1TGOLF and no intellectual property rights therein are granted or assigned under this AGREEMENT. The PROMOTER shall not at any time in any way question or dispute the ownership of 1TGOLF of any such item and undertakes not to infringe or prejudice any rights of 1TGOLF.
- In the event that new copyright, inventions, designs or processes evolve in the performance of or as a result of this AGREEMENT, the PROMOTER acknowledges that such new inventions, designs or processes shall be the property of 1TGOLF unless otherwise agreed to in writing by 1TGOLF.
- Neither party shall acquire any right, title or interest (without the prior written consent of the other party) entitling it to use the name, service marks, trademarks or logos of the other. The parties undertake in favor of one another not to perform any act, which would injure the reputation or goodwill attaching to their respective names and trademarks or which would prejudice their rights in and to such names and trademarks.
CONTENT AND DIGITAL ASSETS
- All digital assets, including: images, audio, video, music, movies and/or photos provided by 1TGOLF will be considered free of any rights unless such rights are specified by control licenses or conditions of use. Any digital assets, inclusive of those mentioned above provided to 1TGOLF by the PROMOTER will be assumed to be the property of or licensed to the PROMOTER. The PROMOTER assuming full legal responsibility for use of such digital assets.
- All other content, text, photos, documents or images which are uploaded or captured by the PROMOTER will be assumed to be the property of the PROMOTER and the PROMOTER being holder of all copyrights thereof. 1TGOLF will not accept any responsibility for any contravention of any law caused by the uploading or capturing of any content done by the PROMOTER.
LIMITATION OF LIABILITY
- No party shall have any claim against the other in respect of any loss, claim, action, damage, or expense suffered or sustained by the other party pursuant to a breach by that party of its obligations under this AGREEMENT, unless such loss, claim, action, damage or expense arises out or is attributable to a negligent act or omission on the part of the other party.
DOMICULIUM AND NOTICES
- 1TGOLF may give notice by means of a general notice via email to the designated email address of the PROMOTER. Such notice shall be deemed to have been given upon the expiration of 24 HOURS after sending.
- The PROMOTER may give notice to 1TGOLF (such notice shall be deemed given when received by 1TGOLF) at any time by email to email@example.com
For the duration of this AGREEMENT 1TGOLF shall be entitled to publish notification of the existence of this AGREEMENT in any list indicating the identity of the PROMOTER as being a promoter of 1TGOLF.
- If either party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this AGREEMENT by reason of any event constituting force majeure, then the other party shall be relieved of its obligations hereunder during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations under this AGREEMENT during such period.
- An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of that party including vis major, casus fortuitus, any act of God, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control and shortage of transport facilities, the downtime of any external line.
Should the force majeure continue for a period of longer than 30 (THIRTY) DAYS, either party may cancel this AGREEMENT.
- 1TGOLF shall be entitled to transfer all or any of its rights or obligations in terms of this AGREEMENT without the prior written consent of the PROMOTER, provided that, in the event of the transfer of obligations, the assignee is capable of fulfilling 1TGOLF obligations under this AGREEMENT.
- The PROMOTER may not cede, assign or otherwise transfer (collectively "transfer") any of its rights and/or obligations under this AGREEMENT to another party without written consent from 1TGOLF and finalisation of a new AGREEMENT with the recipient party.
APPLICABLE LAW AND JURISDICTION
- Save as otherwise provided herein, the parties hereby consent and submit to the non-exclusive jurisdiction of the North Gauteng Division of the High Court of the Republic of South Africa for the purpose of all or any legal proceedings arising from or concerning this AGREEMENT.
- This AGREEMENT (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this AGREEMENT) shall be interpreted and governed in all respects by the laws of the Republic of South Africa.
- This AGREEMENT constitutes the sole record of the agreement between the parties in regard to the subject matter thereof, and supersedes all previous agreements, understandings and arrangements between the parties, whether written or oral.
- Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
- No indulgence which either party may grant to the other shall constitute a waiver of any of the rights of the grantor.
1TGOLF reserves the right to amend the terms and conditions of this AGREEMENT at any time with notice. The PROMOTER shall be informed of such amendments by email or by notice on the 1TGOLF website.