Privacy Policy

Member Registration Terms of Use Agreement

Macato Properties (Pty) Ltd T/A Apex Pod

Registration Number: [2002/018557/07]

USER REGISTRATION TERMS OF USE AGREEMENT

Please read the following Member Registration Terms of Use Agreement (“Agreement”) carefully before submitting, registering or otherwise completing the Macato Properties (Pty) Ltd T/A Apex Pod Membership form. You agree that on acceptance of the membership terms in the form of your signature or agreed online, or otherwise, Your agreement or consent will be legally binding and enforceable and that You (“the Member”) have understood and agree to be bound by this Agreement. This Agreement governs the collection, management and disclosure of personal information that We collect through the Member contract process. We respect your rights to responsible management of your personal information under the Protection of Personal Information Act 4 of 2013 (“the Act”). Macato Properties (Pty) Ltd T/A Apex Pod may amend this Agreement at any time. All amended terms shall be effective immediately upon the communication of the revised Agreement to You and Your subsequent agreement thereto.

Enquiries: info@macato.co.za

  1. Personal Information Collection and Use

    1. Macato Properties (Pty) Ltd T/A Apex Pod and/or its authorised agents and/or its representatives may collect, process, and store certain Personal Information from You in connection with the Member contract process.

    2. Personal Information will not be shared, sold, rented or disclosed other than as described in this Agreement.

    3. For the purpose of this Agreement, Personal Information is defined in accordance with the definition in the Protection of Personal Information Act 4 of 2013 (“the Act”). Generally, such information is information that can be used to personally identify You. In particular, however, Macato Properties (Pty) Ltd T/A Apex Pod may collect the following information:

      1. first name and surname,

      2. physical address

      3. email address,

      4. cell phone number, and

      5. debit order banking information (if necessary)

    4. We collect Personal Information from the following persons:

      1. natural persons

    5. Should the information We collect personally identify You, or You are reasonably identifiable from it, the information will be considered Personal Information.

    6. You consent to the receipt of direct marketing communications regarding all future events, courses, competitions, activities and news relating to weightlifting as a whole.

      1. Consent to receive direct marketing communications can be revoked at any time by contacting Us via email at info@macato.co.za

    7. Macato Properties (Pty) Ltd T/A Apex Pod uses a membership contract to collect Personal Information. By providing Your Personal Information and signing the membership contract or agreeing to the terms of such online, You expressly consent to the collection, processing, sharing and storage of Your Personal Information as defined in this Agreement.

    8. Your Personal Information is used for the following:

      1. Adding a profile space on the National system/s utilised by Macato Properties (Pty) Ltd T/A Apex Pod

      2. adding Your information to the Macato Properties (Pty) Ltd T/A Apex Pod Member Database;

      3. processing and responding to any complaint made by You;

      4. providing Members with Macato Properties (Pty) Ltd T/A Apex Pod related news;

      5. engaging in electronic communications and transactions with You;

      6. keeping Your details up to date;

      7. resolving disputes and troubleshooting problems.

  2. Consent To Process Personal Information

    1. You understand that such consent to the processing of Your Personal Information by Macato Properties (Pty) Ltd T/A Apex Pod pertains to registration on the Member Database. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.

    2. You expressly consent to Macato Properties (Pty) Ltd T/A Apex Pod retaining Your Personal Information once Your relationship with Macato Properties (Pty) Ltd T/A Apex Pod has been terminated for: aggregate, statistical and reporting purposes.

    3. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Macato Properties (Pty) Ltd T/A Apex Pod to remove and/or delete Your Personal Information entirely, You must notify Macato Properties (Pty) Ltd T/A Apex Pod via email at info@macato.co.za

    4. Personal Information may be processed by Macato Properties (Pty) Ltd T/A Apex Pod in the country where it was collected, as well as within any country whereby a sanctioned weightlifting competition, meeting or camp (either training, technical, coaching or otherwise) is being held or is due to be held.

  3. Handling Of Personal Information

    1. Macato Properties (Pty) Ltd T/A Apex Pod endeavours to comply with all laws and regulations applicable to and pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). Macato Properties (Pty) Ltd T/A Apex Pod applies the principles of protection of Personal Information under the Act as well as further legislation referred to in the Act.

    2. You may request access to any Personal Information We hold about You at any time by contacting Us via email at info@macato.co.za

    3. Macato Properties (Pty) Ltd T/A Apex Pod seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.

    4. The Member has the right to correct and update Personal Information as well as to revoke consent to the processing of Personal Information by Macato Properties (Pty) Ltd T/A Apex Pod . The Member, however, understands that Macato Properties (Pty) Ltd T/A Apex Pod requires Personal Information to facilitate inclusion of the Member in all sanctioned events (either training, technical, coaching or otherwise) and to have said Member’s information displayed therein and should the Member decide to revoke consent Macato Properties (Pty) Ltd T/A Apex Pod may not be able to provide the Member with such facilitation.

    5. There may be instances where we cannot grant You access to the Personal Information We hold. We may need to refuse access if granting access would interfere with the privacy of others, commercial information of a third party or if it would result in a breach of confidentiality. Should this be the case, We will give You written reasons for any refusal.

    6. Macato Properties (Pty) Ltd T/A Apex Pod will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of sufficiently secure online platforms as well as additional updates.

    7. Should an unauthorised person/s gain access to Your Personal Information Macato Properties (Pty) Ltd T/A Apex Pod will contact You within a reasonable time to inform You of the security breach.

    8. Any Personal Information or other information which You transmit to Us online is transmitted at Your own risk.

    9. Macato Properties (Pty) Ltd T/A Apex Pod will not sell, exchange or transfer Your Personal Information to any third party except as detailed in this Agreement. You hereby consent to our sharing of Personal Information with Our third party service providers.

  4. Disclosure Of Personal Information

    1. Records relating to your Membership provided by Macato Properties (Pty) Ltd T/A Apex Pod to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Macato Properties (Pty) Ltd T/A Apex Pod’S operational purposes and/or for production as evidenced by Macato Properties (Pty) Ltd T/A Apex Pod in legal proceedings.

    2. Macato Properties (Pty) Ltd T/A Apex Pod may disclose Your Personal Information to:

      1. Our Executive members, technical officials, coaches, administrators and staff to enable Us to operate Our organisation;

      2. fulfil requests by You;

      3. any organization or party for any authorised purpose with Your express consent.

      4. Macato Properties (Pty) Ltd T/A Apex Pod may further disclose Your Personal Information under the following circumstances:

        1. To comply with the law or with legal process;

        2. To protect and defend Macato Properties (Pty) Ltd T/A Apex Pod’S rights, equipment, facilities and other property;

        3. To protect Macato Properties (Pty) Ltd T/A Apex Pod against misuse or unauthorised use; and/or

        4. To protect other Members or third parties affected negatively by Your actions.

      5. Personal Information is stored on servers inside of South Africa and abroad

      6. We have placed security safeguards to protect Your Personal Information through agreements concluded with third party service providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.

      7. Should an unauthorised person/s gain access to Your Personal Information Macato Properties (Pty) Ltd T/A Apex Pod will contact You within a reasonable time to inform You of the security breach.

  5. Objections, Complaints And Queries

    1. Should You have any questions about this Agreement, or require a correction to be made to Your Personal Information that Macato Properties (Pty) Ltd T/A Apex Pod keeps on record, or a copy of the record itself, or should You feel that You would like to object to the collection, use or processing of Your Personal Information by Macato Properties (Pty) Ltd T/A Apex Pod or that You would like Us to delete Your personally identifiable information, then kindly send an email to info@macato.co.za We will endeavour to make the correction, provide You with the record (We reserve Our right to charge a small fee in this case), cease processing of Your Personal Information and/or delete it, in accordance with Your request.

    2. We will treat Your requests or complaints confidentially.

  6. Electronic Signature

    1. You agree to be bound by any affirmation, assent, communication or agreement You transmit through any online/ internet based channel, including but not limited to any consent You give to receive communications from Macato Properties (Pty) Ltd T/A Apex Pod solely through electronic transmission. You agree that, when You sign the Membership contract and/ or agree to our terms electronically, your agreement or consent will be legally binding and enforceable.

  7. Intellectual Property

    1. All rights in the Membership Database and the content on the Member Registration Form including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing are reserved for Macato Properties (Pty) Ltd T/A Apex Pod and/or Macato Properties (Pty) Ltd T/A Apex Pod’S content and technology providers.

    2. Macato Properties (Pty) Ltd T/A Apex Pod, including any of those associated therewith, displayed are subject to copyright protection. The text, images, graphics, and their arrangement on the Membership Database and the Membership Contract are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent from Macato Properties (Pty) Ltd T/A Apex Pod .

    3. No license to Macato Properties (Pty) Ltd T/A Apex Pod’S intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated.

    4. By submitting any content (“Your Content”), (including, without limitation, text, photos, and videos) to Macato Properties (Pty) Ltd T/A Apex Pod , you represent and warrant:

      1. that You are the owner of the material, or

      2. that the owner of the material has consented to Your use thereof.

    5. When submitting content to Macato Properties (Pty) Ltd T/A Apex Pod , You grant to the Macato Properties (Pty) Ltd T/A Apex Pod a royalty-free, perpetual, irrevocable, sub licensable, non-exclusive right and license to Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. "Use" means use, host, store, modify, communicate, and publish. This grant shall include the right to exploit any proprietary rights in any such material. You also grant Us the right to identify You as the author of any of Your submissions, feedback or comments by name, or e-mail address as we deem appropriate.

Macato Properties (Pty) Ltd T/A Apex Pod

  1. This license shall end when Your Macato Properties (Pty) Ltd T/A Apex Pod membership is cancelled or terminated.

  2. You agree to indemnify, defend and hold harmless Macato Properties (Pty) Ltd T/A Apex Pod , its subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom Macato Properties (Pty) Ltd T/A Apex Pod may provide Your Content), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal costs) that Macato Properties (Pty) Ltd T/A Apex Pod or third parties may incur as a result of or arising from:

    1. Your Content and any information you submit or transmit through any channel

    2. Your violation of these terms or applicable law or regulation,

    3. Your violation of any rights of any other person or entity (including, but not limited to, third party privacy rights), or

    4. any information or content We collect from third parties

  1. Jurisdiction

    1. These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby consent to the exclusive jurisdiction of the South African courts.

  2. Notices

    1. Macato Properties (Pty) Ltd T/A Apex Pod hereby selects 4 Engwena Road, Sebenza, 1609 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Macato Properties (Pty) Ltd T/A Apex Pod may change this address from time to time by updating these Terms and Conditions.

    2. You hereby select the physical address specified on your Membership contract as your legal address, but you may change it to any other physical address by giving Macato Properties (Pty) Ltd T/A Apex Pod LTD not less than 30 days’ notice in writing.

    3. Notices must be sent either by hand, prepaid registered post 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 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.

  3. Waiver

    1. Any failure by Macato Properties (Pty) Ltd T/A Apex Pod to exercise or enforce any part of this Agreement shall not be construed as a waiver of such right to exercise or enforce any part of this Agreement.

  4. Severability

    1. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

  5. General

    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms to any third party.

    2. No variation, addition, deletion, or agreed cancellation of the terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

    3. 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.

    4. These terms contain the whole agreement between You and Macato Properties (Pty) Ltd T/A Apex Pod and no other warranty or undertaking is valid, unless contained in this document between the parties.