Your Stuff & Your Permissions
When you use our Services, you provide us with things like your contact details, sporting achievements, promotional videos and photos. The information on your profile is yours. These Terms don’t give us any rights to your profile except for the limited rights that enable us to offer the Services
Sharing your profile
Our service main focus is to share the information you provide by connecting your profile with partner Schools and accredited Talent Scouts.
The Service Provider shall at all times maintain and ensure that:
A functional platform exists wherein the data, as provided by the Player, can be hosted on behalf of the Player.
There is at all times sufficient interested parties registered as having access to the data base, to ensure that the hosting platform creates a viable hosting option to the Player.
The data of the Player will be maintained and hosted for the duration of the agreement and will not be removed unless the agreement has terminated or it has otherwise been agreed upon between the Parties.
The data as received from the Player is used, captured and hosted as such without any amendment to the content of the data.
All clients (i.e. the Player and other players who provide data with the similar purpose) will be treated equally and their data will be hosted in a uniform format so as to not to be seen to promote any client above another with the interested parties.
It is never seen to act as an agent for the Player and will not create such an impression and will at all times only provide a platform where data is hosted for proper accessibility by interested parties.
The Player shall be responsible for the supply of:
The correct data from time to time (as data information may change from time to time) and the Service Provider will at no time whatsoever take responsibility for the correctness of the content provided by the Player.
Payment of an annual hosting fee to ensure that the hosting of the data on the platform as provided by the Service Provider, is maintained.
Its own basis of support if an interested party expresses the desire to enter into formal negotiations and/or contractual relationships with the Player following on from the access to the data as hosted.
There is a once off registration fee, with a monthly hosting fee to be made before your profile will be uploaded to the Talentscout360 web page. Once your registration and request to upload your profile is received and approved payment must be made before you will received access to our “ Upload Page” section.
No Refunds. You may cancel your Talentscout360 at any time. Once your profile is uploaded and scouts had access to your profile no refund can be given.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
This agreement shall terminate whenever any of the following circumstances shall occur:
Failure of the member to renew the subscription fee,
Expiry of the term as per “ Duration” in abovementioned section;
Delivery of a written termination notice by any of the Parties to the other
Party in accordance with this clause below.
In the event that any of the Parties breaches any of the provisions of this
and fails to remedy such breach within 14 (fourteen) days from the date of the written notice requiring it to do so, then the other Party shall be entitled, without prejudice to any other remedies which such Parties may have under the law (including but not limited to specific performance), to terminate this agreement and claim any direct damages that the non-breaching Party may have suffered.
Subject to this clause below, when either Party reasonably believes that
the other Party fails, for any reason (save when the Parties, acting in
good faith, jointly decide there is a justified cause for such failure to act),
to act towards achieving the purpose of this agreement, then the non-
failing Party may terminate this agreement.
None of the Parties shall have grounds for any claim, whether for punitive damages, consequential losses or damages, cost reimbursement, loss of business or profits, against any of the other Parties upon termination of this agreement.
Each Party shall treat the contents of this agreement and any data and/or negotiations flowing there from as strictly confidential, unless the other Parties give their prior written consent to its disclosure or part thereof.
In addition to the Parties’ rights to terminate this agreement summarily, a Party will be entitled to terminate this agreement should the other party breach any provision of this agreement, and fails to remedy such a breach within 14 (fourteen) days of written notice to do so from the other party.
The Party’s right to terminate this agreement may be exercised in addition to any other rights which the Party may have against the transgressing party, whether in terms of this agreement or in law.
Should any disputes or differences whatsoever arise at any time between the parties concerning this agreement, or as to the rights, duties and/or liabilities of the parties or either of them under or by virtue of this agreement or otherwise, or as to any other matter in any way arising out of the subject matter of this agreement, then either party may declare a dispute by delivery of the details of the dispute to the other party; and request that the dispute be referred by the parties, without legal representation, to mediation by a single mediator at a place and time to be determined by the mediator.
The Parties shall neither cede, assign, transfer, part with or alienate any of the Parties’ rights, obligations or interests in and to this agreement, save as expressly contained in this agreement or as subsequently agreed by the Parties in writing.
This agreement constitutes the sole record of the agreement between the
parties in regard to the subject matter thereof. The parties shall not be bound by any representation, express or implied term, warranty, undertaking or other obligation, unless recorded herein. This agreement supersedes any previous agreements pertaining to the subject matter concluded between the parties.
No consensual cancellation or amendment of this agreement (or this clause)
shall be valid, unless in writing and signed by or on behalf of both of the parties.
No indulgence, which any party may grant to the other, shall constitute a waiver of or prejudice the rights of the party granting the indulgence.
If any part of this agreement is found to be invalid or unenforceable, it shall be severed from the remainder of the agreement, which shall remain valid and enforceable.
This agreement may be signed in counterparts, in which case the counterparts jointly shall constitute the agreement.
This agreement shall be governed by and construed in accordance with South African law.
Each party will carry its own costs in relation to the conclusion of this agreement.