DEFENSA TERMS AND CONDITIONS
1. DEFENSA has identified the difficulty that the public, specifically the South African public, experiences in sourcing, selecting and booking primarily weapons-related skills development and training courses. It is the spirit and purpose of DEFENSA to offer the South African public a service which allows easy access to such training and that offers choices between the trainers offering such training as well as the nature and course content of the training the users wish to attend.
2. DEFENSA is an online platform which allows members of the public, upon subscribing, to source, identify and choose between different top tier trainers offering a myriad of training courses in the Republic of South Africa, inter alia but primarily offensive and defensive skills training, weapons and weapon proficiency courses and sport shooting skills development courses (which courses are described on the individual trainers’ pages).
3. Once a user has identified and chosen a course that he / she wishes to attend, DEFENSA further allows its users to book their attendance of such courses online through the DEFENSA online platform.
4. The user will have full access to the DEFENSA online platform upon subscribing, which service is free of charge to its members (users who have subscribed). Upon subscribing, the member accepts these terms and conditions of use as binding upon him / her.
5. DEFENSA is the sole and exclusive property of DEFENSA Pty Ltd, a private company with limited liability duly incorporated as such under the company laws of the Republic of South Africa.
6. Trainers and advertisers on the DEFENSA online platform are selected, vetted and admitted to the DEFENSA service to offer their training courses online by DEFENSA and subject to DEFENSA’s sole and exclusive discretion (regarding admission to the DEFENSA web page). DEFENSA does not guarantee any level or standard of the trainers’ courses or the content / material therein and does not guarantee any level or standard of qualification of the trainers.
7. The sourcing of, familiarisation with, selection of, comparison and booking of training courses through the DEFENSA page will be the responsibility of the member wishing to do so.
8. Although the sourcing of training, selection of training and booking of specific training courses through the DEFENSA online platform is free for DEFENSA members, payment will be made to the host of the selected course directly to secure the member’s slot and attendance of such course after booking through DEFENSA.
9. Members who book training courses through the DEFENSA online platform will be unsubscribed by DEFENSA immediately for failing to make payment to the host of the booked training course upon such date and in the manner that the host of such training may stipulate in his / her own terms and conditions dealing with such payment (which terms of payment and the conveying of such terms of payment to the members are the responsibility and prerogative of the individual trainers).
10. Upon subscribing, users will be required to furnish DEFENSA with certain personal information, such as their full names and contact information in order to gain access to the DEFENSA service.
11. The users, upon subscribing to the DEFENSA service, consent to DEFENSA being in possession of and using their personal information (contact details) for direct marketing purposes for as long as they are members of the DEFENSA online service or until the members choose to “opt out” of DEFENSA’s direct marketing service.
12. The content of the marketing material will to the greatest extent be weapon, skills-development and training related (relevant to the spirit and purpose of the DEFENSA service).
13. Upon opting out of DEFENSA’s direct marketing service, the member will immediately be removed from the DEFENSA online platform (unsubscribed) and such member’s membership will be revoked by DEFENSA, rendering such user incapable of using DEFENSA’s online service.
14. Membership on the DEFENSA online platform will be terminated upon a member unsubscribing from the DEFENSA online platform, “opting out” of the DEFENSA direct marketing programme or upon termination of such membership by DEFENSA for misconduct or by a member (as set out in clause 9 above and clause 15 hereunder).
15. DEFENSA memberships may be terminated by DEFENSA without notice upon reports of unsafe, disruptive, obstructive, malicious, inconsiderate, reckless and / or dangerous behaviour exhibited by members at training courses booked through DEFENSA, which reports are submitted to DEFENSA by the trainers featured on the DEFENSA platform or by other members attending the same class as the offending member.
16. DEFENSA is not an agent or employee of the trainers featured on the online platform and all correspondence and interaction with the trainers featured on the DEFENSA online platform (except for bookings with those trainers) is to be directly between the members and the trainers. DEFENSA will not accept any liability or responsibility for the information exchanged between trainers and members or any disputes and / or loss or damage flowing therefrom.
17. DEFENSA will in no way be liable or responsible for any injury, damage, loss or death flowing from its members’ participation in the training courses found or offered on this website whatsoever or for any damage, loss, injury or death flowing from the use of the DEFENSA online platform.
18. DEFENSA will in no way be liable to members for refunds due to training courses and / or trainers not being available on days booked by members (or for any reason whatsoever) and all disputes or claims arising between DEFENSA members and trainers will be dealt with directly between trainers and DEFENSA members.
19. DEFENSA members acknowledge that training with weapons is an inherently dangerous activity and that DEFENSA is not an agent or employee of the trainers offering such training, nor are the trainers agents or employees of DEFENSA, and that by subscribing to the DEFENSA online platform, DEFENSA members indemnify DEFENSA wholly and to the fullest extent from any claim against DEFENSA for liability for any injury, damage, loss or death flowing from their participation in training courses offered through the DEFENSA online platform by third parties (the trainers).
20. DEFENSA members, by subscribing, also acknowledge that the DEFENSA online platform is simply a mechanism through which they can source, compare, select and book the training courses available through the online platform. DEFENSA is in no way a training institution and does not offer any form of training or skills development to its members and accordingly rejects any liability for loss or damage flowing from member and trainer interactions and transactions.
21. The trainers and their course material featured on the website are not the property, employees or agents of DEFENSA and merely use the DEFENSA online platform as an accessible mechanism for the marketing of their training courses and its content as well as for easy course bookings and the convenient administration of such courses.
22. DEFENSA does not in any way guarantee or offer under warranty the availability of the DEFENSA service, the delivery of e-mails confirming bookings to members, the quality, accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
23. DEFENSA members acknowledge that such information and materials may contain inaccuracies or errors and DEFENSA expressly rejects any liability for any such inaccuracies or errors to the fullest extent permitted by the laws of the Republic of South Africa.
24. DEFENSA members use any information or materials on this website entirely at their own risk, for which DEFENSA shall not be liable. It shall be the sole responsibility of DEFENSA members to ensure that any products, services or information available through this website meet their specific requirements and / or that such services and information are correct in respect of time, date, place and price by interacting and confirming same with the respective hosts of the courses.
25. This website contains material which is owned by or licensed to DEFENSA Pty Ltd. This material includes, but is not limited to, the design, layout, look, appearance, written content and graphics. Reproduction and duplication / copying of such content is prohibited and any unauthorised use thereof will entitle DEFENSA Pty Ltd to enforce this clause against the offending / transgressing party.
26. All trade marks reproduced in this website which are not the property of, or licensed to DEFENSA are acknowledged on the website.
27. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
28. From time to time this website may also include links to other websites. These links are provided for DEFENSA members’ convenience and for the sake of providing further information of interest. These links do not consitute endorsements by DEFENSA of the websites to which such links lead. DEFENSA or Van Driel Media Pty Ltd have no responsibility for the content of the linked websites.
29. The use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of South Africa.
30. Should DEFENSA institute or defend legal proceedings against any party for any loss, damage or debt caused to DEFENSA flowing from a breach or transgression of these terms and conditions and should DEFENSA be successful in such claim or defence, DEFENSA will be entitled to recover its costs on the attorney and own client scale.
31. DEFENSA members may under no circumstances distribute their login details to other members of the public and may under no circumstances give access to other members of the public to the DEFENSA online platform / website through their own member profiles.
32. The DEFENSA online platform may not be used for members to market products or services without the written consent of DEFENSA and without DEFENSA’s cooperation in and implementation of such advertising. Whether to allow such advertising or not remains subject to the sole discretion of DEFENSA.