By signing up as a member you are entering into an agreement with Aspire Sport Online (Pty) Ltd (“the Company”) t/a The Golf Village Somerset West.
By affixing your signature to this membership agreement, you acknowledge and consent to abide by the Company’s terms and conditions, as regularly updated and published on its website.
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MEMBERSHIP FEE STRUCTURE, INCREASES, AND MINIMUM DURATION
Memberships begin on the start date and continue for the minimum period stipulated on the agreement, thereafter the membership will continue a month-to-month basis. Members may cancel their membership in accordance with the termination provisions provided in clause 2 of these terms and conditions.
Monthly membership fees are payable by debit order as per the terms stipulated in the signed Mandate.
• Upfront membership fees are payable in full at the point of sale of the agreement.
• A 13th (thirteenth) levy is applicable to every membership irrespective of the status of the membership; this is payable at point of sale for upfront memberships or deducted via debit order in December of each year in addition to the normal monthly membership fee for debit order members.
• An annual increase (calculated at the discretion of the directors) is applicable to all memberships. This increase is automatically applied to your membership on the anniversary of your start date each year.
• An increase in fees will apply to all members who reach the age bracket of their selected membership type. The new monthly rate will be equal to the current rate of the new applicable age group membership as reflected on the Company pricelist. Please refer to clause 6 below.
• Activation fees and pro rate fees paid at point of sale are non-refundable unless a member has notified The Company of their wish to cancel within the 5-business day cooling off period. This excludes the day of enrolment as well as weekends and public holidays.
• RF ID tag fees are non-refundable. Lost, stolen or replacement tags are to be purchased at the welcome desk.
• The client is liable for all fees, bank charges and legal costs which may arise due to unpaid debit order fees.
• The membership is only transferable to another client should all necessary criteria be met, requests to transfer memberships to another client must be requested in writing and will be approved at the discretion of the Company. A transfer fee will apply in these instances.
2.. CANCELATION OF MEMBERSHIP AGREEMENTS
• Cancellation may only be requested after the membership minimum duration term has been reached.
• Cancellation requests received within the minimum duration will attract a cancellation fee. Any early cancellations requested prior to the minimum duration term will be subject to an early cancellation charge. Such charge will be at the discretion of the Company but will be reasonable and proportionate in the circumstances.
• 20 Business Days written notice is required for cancellations.
• The member and the person responsible for the member’s account are required to confirm any cancellation requests in writing to the Company. In the case of underage members, the personal responsible for the member’s account and the guardian who signed for the underage member are required to confirm any cancelation requests in writing. Cancelation will only take place once both parties have given their written request.
• The Company may at any stage cancel the agreement based on failure of the client to abide by the stipulated terms and conditions and/or the refusal to follow the rules and regulations of the facility
3. CHANGE OF MEMBER PARTICULARS
• In the event that any of the members information and details change, the client is required to notify the Company in writing.
• 20 business days’ notice is required for any change of details.
• Changes to banking details will require an automated verification to be completed/and or proof of new bank account and ID of payer must be supplied.
• Changes to banking details will also require a new mandate to be completed which require signature by the person responsible for the membership account.
4. DEBIT ORDER AUTHORISATON MANDATE DETAILS
By entering into the membership agreement, you hereby agree to the following acknowledgements and undertakings, which can be presented to your Bank:
By entering into this membership agreement you authorise Aspire Sport Online (Pty) Ltd to issue and deliver debit order payment instructions to your banker for collection against your Account and Bank used by your employer to deposit your salaries/wages, which account may differ from the account specified above on condition that the sum of each payment instruction and frequency of payment requests will never exceed the obligations as agreed and defined in the membership agreement.
• your bank’s participation in the relevant payment stream, the authentication mechanism used the Company and the relevant rules applicable to the payment streams will determine per repayment cycle the most suitable payment stream in order to fulfil the obligations as defined in the agreement.
• your authorisation is subject thereto that the same payment instruction may never be presented simultaneously in more than one payment stream during the same repayment cycle or, if unpaid in a payment stream selected be represented in the same cycle in another payment stream.
• To curb against (1) unpaid bank charges (2) losing the benefits described in the membership agreement quoted (3) incurring penalties due to non-payment; you explicitly authorise Aspire Sport Online (Pty) Ltd to utilise the functionality of Tracking supported on the DebiCheck Payment Streams especially after unsuccessful attempts on the EFT Payment Stream.
• You acknowledge that the Tracking supported on the DebiCheck Payment Streams has been explained to you and further acknowledge that your above-mentioned account will be interrogated for a defined period until this period has lapsed or until payment has been received.
• You hereby agree that subsequent payment instructions will continue to be delivered in terms of the authority until all obligations have been paid. This authorisation will remain in force until cancelled by you in writing.
• You hereby acknowledge that your bank will charge fees to your account as agreed once they process this instruction.
• you understand and agree that you are responsible for all fees, penalties and admin costs which are incurred during the debt collection process of unpaid debit orders,
• You understand and agree that unpaid debit orders will result in penalties, fees and admin costs incurred during the debt collection process.
• You foresee that you may change your bank and bank account particulars reflected herein, in which instance you will notify the beneficiaries specified, or any new beneficiary, should the agreement be ceded or assigned to any third party. Should you however forget to notify the beneficiary or the assigned third party and if the beneficiary or the assigned third party obtain your new bank particulars, on its own account, this mandate will not lapse. This issued mandate will cover the obtained bank information and the beneficiary and the assigned third party may attach such new information, to this signed document as an annexure, and the attached annexure must be read together with this mandate, by your new bank.
In addition, you undertake as follows:
• I understand that my debit order will go off on or as close to my salary payment date unless that day falls on a Sunday or Public Holiday in which case it will be deducted on the next working day.
• I understand that the monthly fee stipulated on this mandate will increase annually on the anniversary of my join date.
• I also acknowledge that I may be liable for an age group increase once I, or the members on whose behalf I have signed this agreement reach the next age bracket.
• I understand and acknowledge that an annual special levy will be debited in December of each year over and above my normal monthly fee and that this levy will be equal to my membership rate.
5. MEMBERSHIP TYPE RULES
• Members agree to familiarise themselves with the terms of their applicable membership type which are available on the website and include but are not limited to the following:
• Family Memberships are available to a husband and wife and up to four children under the age of 19.
• In the case of a spouse or child joining the facility at a later stage than the main member, the minimum duration end date of the main member will be extended to match that of the newly joined spouse/dependant.
• Student memberships are only available to full time tertiary students of the ages 18 to 24. Proof of studies/student card are required to qualify for this discounted membership.
• Pensioner memberships are only available to persons over the age of 60 years. A pensioner card is required to qualify for this discounted membership or an ID document confirming age.
• Junior memberships are only available to children from the ages of 8 up to and including the age of 18
• Under 8 Memberships are available to children from the ages of years 5 years up to and including the age of 7 years.
• Off-Peak memberships automatically expire after 12 months.
6. ACCESS TO THE FACILITY
• The Company may restrict access to any members who have arrears and unpaid fees on their account. Access benefits will only be granted again once payment of all arrears and fees have been received. Such access restrictions do not affect the monthly fees and all debit order processes will continue as per the terms stipulated in these terms and conditions.
• The Company may refuse access to any member who have wilfully or unknowingly refused to comply with the T&Cs of the agreement and/or the rules and regulations of the facility including the laws of the Republic of South Africa
• The Company may limit or refuse access in the event of limits placed on capacity or other lawful requirements necessary in the case of health and safety e.g. in the event of a pandemic.
• The client is required to produce their RF ID tag every time they visit the facility.
• Access to certain areas/facilities/classes may be limited or withheld due to maintenance or changes to the services offered by the facility.
• Members and/or guests under the age of 12 years may not access the facility unless accompanied by an adult.
• The Company may restrict access to any persons who fail a health and fitness assessment deeming that person physically or medically unfit to safely make use of our facilities and services.
7. WAIVER & RELEASE
• By becoming a member of The Golf Village Somerset West, you agree and acknowledge that the Company will not be liable for any death, injury, loss and/or damages suffered by you through or contributed to by any cause whatsoever including but not limited to any negligent (including gross negligence) act, theft and/or omission or breach of contract on the part of the Company, its directors employees, contractors, independent consultants, tenants or any other member(s); that the Company premises will be invariably be entered and exited (inclusive of the parking areas) entirely at my own risk and that the Company equipment and facilities will furthermore be utilised in on this very same basis. In the act of becoming a member I and/or my estate indemnify the Company against any claim by any person arising directly or indirectly from my death, injury, loss or damages suffered by me, allegedly caused or contributed to by any act or omission by the Company, its directors, its employees, independent contractors, tenants or other member(s).
8. PROTECTION OF PERSONAL INFORMATION ACT
• The Company reserves the right to collect your personal information including identity details, contact details, physical and postal address and banking details in order to facilitate the debit order process as well applicable business processes and communications
• The Company will not share your personal information with anyone else unless it is with your written permission and/or unless it is required to facilitate its services to you in terms of this membership agreement and the terms and conditions.
• The Company may use your email address, cell phone number and/or land line numbers for means of electronic communication (email and SMS) or telephonic communication between The Company and yourself. This includes for the purposes of debt collection, news, updates, and promotions.
• The Company may validly serve any notice(s) at the physical address that we have on record for you.
• You give your consent to the use of photographic/videographic images of yourself for marketing/promotional or social media purposes should an image of yourself be captured at the facility during a photographic or videographic shoot.
10. To the fullest extent permitted by law, The Company may transfer and/or delegate to any third party our rights and/or obligations under this agreement without your consent or notification and you will continue as a member.
11. The directors of The Company reserve the right to make lawful additions or amendments to the terms and conditions of the agreement as well as to the fees/pricing structure. All changes/additions are at the discretion of the directors and will be updated on the website accordingly. The Company will make every effort to communicate amendments to our clients utilising the details supplied to us by the client as well as online platforms including our website,
Your signature below confirms your acceptance and agreement of these Terms and Conditions.
I also furthermore agree to regularly review the T&Cs and rules and regulations that appear on the website and to abide by same.