Legal Documents | Rakker.Club

Terms & Conditions

1. Contract

Your Membership Application Form and these Terms and Conditions (“Terms”) form the “Contract” between you and us (Rakker Co (Pty) Ltd.).

2. Activation / Joining Fee

An activation / joining fee may be payable when you enter into this Contract (see Application Form). The activation fee / joining fee is non-refundable except where you have exercised your right to cancel the Contract during the cooling-off period under paragraph 4. If your membership is canceled for any reason by you or us and you subsequently wish to re-join, then you may have to pay the applicable activation / joining fee again.

3. Commencement Date

Your membership will start on the Commencement Date as set out in your Membership Application Form, provided that:

You have paid the applicable activation or joining fee;
You sign this Contract without alteration or amendment of any kind whatsoever.

4. Cooling-Off Period

You can write and tell us that you want to cancel your membership within 5 business days of signing this Contract, excluding the day of signature. Provided your cancellation letter is received by us within the 5 day cooling-off period, we will refund all payments made by you.

5. Duration of Membership

Your membership will automatically continue on a month-to-month basis until such time as you give us 20 business days’ written notice to cancel your membership.

6. Termination of Membership

We may cancel or suspend your Contract at our absolute discretion by writing to you at the email address we have on record if:

You commit a breach of these Terms or if you engage in any conduct which in our opinion would have a negative effect on us, other members or our staff or is detrimental to the welfare, good order or character of Rakker Co; or
We subsequently discover that any part of your membership fees (under this Contract or any other prior contract) are/ were not paid in full when due; or
The information you supplied to us is found to be incorrect and/or false; or
We reasonably think that you are not physically or medically fit to exercise.
After vetting your application to this Contract, we subsequently discover facts or information which if we had known prior to entering into the Contract, would have resulted in us not having entered into the Contract with you.

7. Children

Children under the age of 14 years must access and exit our facilities with their Parent/Legal Guardian and always be supervised by such Parent/Legal Guardian. Membership fees for children will depend on the age bracket they fall under.

8. Personal Information

Our Privacy Policy (which is incorporated by reference into the Contract and can be found on our website) explains the way in which we collect, use and store your personal information. We will use your mobile number and/or email address to send a confirmation of your membership and to keep you up to date with news, offers and promotions. You hereby consent to us using your personal information for the purposes of this Contract. You can opt out of these communications at any time by updating your preferences with us. Sometimes we take photos or film videos for other promotional purposes. If you’re exercising during this time and your image is captured, you hereby consent to us using it in our branding and marketing material.

9. Fees

Fees as indicated on your Application Form shall be billed monthly in advance and shall be paid by you by the 7th calendar day of every month when done via EFT. Penalties for late payment may be charged.

Debit orders will be charged on the 1st of every month.

Changes or amendments need to be submitted in writing by the 25th of every month.

Bundled or private classes bought in advance expire three months after the date of invoice.

10. General

Your membership is personal to you and may not be traded or transferred to another person as this may constitute fraud and will be dealt with accordingly.

If your bank details and/or contact details change, please update your information.

If you fail to pay your monthly membership fees on the due date, then you will become liable for a cancellation fee, if applicable, and all costs in connection with the collection of the arrears including legal costs.

We reserve the right, from time to time, to temporarily or permanently close our facility, or temporarily or permanently stop providing certain facilities, or adjust the operating hours of our facility.

If one or more of these Terms are found to be unenforceable, such Term shall be deemed to be severable from the remainder of this Contract and the Contract shall in all other respects remain in full force and effect.

To the fullest extent permitted by law, we may transfer and/or delegate to any third party our rights and/or obligations under this Contract without your consent or notification and you will continue as a member.

This Contract contains all the terms and conditions of our agreement and no representation, addition, variation or cancellation of this Contract shall be of any force and effect unless it is in writing and signed by you and us.

You agree that we may validly serve any notice(s) at the contact details that we have on record for you. Please check with us to confirm that we have received correspondence addressed to us, as we can only action and be bound by notices that we actually receive.

You acknowledge and agree that this Contract was properly and fully completed before you signed it and you confirm that the information contained in it is true and correct and that you fully understand it.

You consent to the non-exclusive jurisdiction of South African courts.

The laws of South Africa apply to this Contract.

Privacy Policy

INTRODUCTION

This Privacy Policy explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). We respect your privacy and will take reasonable measures to protect it.

WHAT PERSONAL INFORMATION DO WE COLLECT?

We may automatically collect your personal information, or you may provide it to us, which may include but is not limited to - contact details, such as your name and surname, email address, postal and/or physical address, phone number and social media handle;
your gender, race or age;
your identification and/or passport number;
your country of birth;
your date of birth;

your profile information, such as job title, educational and professional background and qualifications, and photograph;
comments, feedback and other information you provide to us, including search query data and questions or information you send to us; interests and communication preferences, including preferred language.

We may also automatically collect information about how you and your device interact with us, which may include but is not limited to - computer, device and connection information such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data; usage data, such as the features you used, the settings you selected, your URL, click stream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for; and/or for location, the region, city or town where your device is located in order to provide you with more relevant content for where you are located.

Should your personal information change, please inform us and provide us with updates as soon as reasonably possible to enable us to update your details. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

USE OF COOKIES

We collect the above data through our servers and the use of “cookies” on our website. They enable us to improve your future visits to our website and provide you with a more user-friendly experience. You can control cookies through your browser’s settings however if you block certain cookies you may not be able to register, login or access certain parts of our website.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We may use your personal information for the following purposes:

to fulfill any contractual agreements between you and us;
to provide, activate and manage your access to and use of our services;
to verify your identity;
to respond to your requests, enquiries, comments or concerns;
to send you information;
to invite you to attend events, participate in user-testing and surveys;
to notify you about any changes, updates and other announcements relating to our services;
to provide technical support;
for audit and record-keeping purposes;
to enhance and improve our products or services, and to develop new products, services or benefits;
to offer you customised content;
to deliver marketing material regarding current or new products or services offered by us or any of our divisions and/or partners. You may unsubscribe from the receipt of such marketing material at any time and thereafter we will not market to you;
to detect and prevent fraud, crime, money laundering or other malpractice;
to comply with our legal obligations, resolve disputes, and enforce our agreements

Before or at the time of collecting your personal information, we will identify the purpose(s) for which the personal information is being collected.

We will only collect your personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

SPECIAL PERSONAL INFORMATION

Special Personal Information is information relating to your religious or philosophical beliefs, your race or ethnic origin, your trade union membership, your political persuasion, your health or sex life, your biometric information, or your criminal behaviour.

We shall not process any of the aforementioned Special Personal Information without your consent, or where this is necessary for the establishment, exercise or defence of a right or an obligation in law.

Having regard to the nature of our work, it is unlikely that we will ever have to process Special Personal Information, but should it be necessary the guidance of the Information Officer, or their deputy/delegate, must be sought.

PROCESSING OF PERSONAL INFORMATION OF CHILDREN

We will only process the personal information of a child if we have the consent of the child’s parent or legal guardian.

DISCLOSURE OF PERSONAL INFORMATION

We will not disclose your personal information except as provided in this Privacy Policy.

Your personal information will not be disclosed to any person without your voluntary and informed consent but always subject to the following: Disclosure of any information provided or submitted by you will only be allowed to be made where:
such information is in the public domain; or we are obliged in terms of any law, order of court, legal process or other lawful reason to disclose such information.

We will disclose your personal information to any third party only for the purposes as set out below:
to our employees and/or third party service providers who assist us to interact with you via our website, email or any other method, who need to know your personal information in order to assist us to communicate with you properly and enhance the product and/or services offered by us; to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or to investigate violations of our terms and conditions.

SECURITY OF PERSONAL INFORMATION

We will take all reasonable measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access and to provide you with access to your personal information to view and/or update personal details.

We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information. We will provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request. Upon your written request we will promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

We acknowledge that we are bound by applicable law to keep personal information confidential and to protect such information, and we are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

RETENTION OF PERSONAL INFORMATION

We will only retain your personal information as long as necessary for the fulfilment of those purposes as have been identified by us. Accordingly, we will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer period.

YOUR RIGHTS: ACCESS TO INFORMATION AND CORRECTION OF INFORMATION

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us by sending an email to info@rakker.club and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

TRANSFER OF PERSONAL INFORMATION

We may transfer your personal information outside South Africa to a foreign country if necessary.

GENERAL

We may occasionally make changes to this Privacy Policy. When we make material changes to this Privacy Policy, we will provide you with a prominent notice on our website or send you an email. We may notify you in advance.

CONTACT

You may access and/or correct any of your personal information that we hold by sending an email to info@rakker.club.

If you have any questions, comments, complaints or requests regarding this Privacy Policy or our processing of your information; wish to withdraw consent; exercise preferences, please contact us via info@rakker.club

Mehnert Engelbrecht

Rakker Climbing Club
4 April 2025

IMPORTANT NOTICE TO ALL MEMBERS

Dear Club Members

I trust this message finds you well and eagerly looking forward to an exciting year ahead with Rakker Climbing Club. We have some important news to share with you that underscores our commitment to maintaining a safe and secure environment for everyone within our club.

We are pleased to introduce our newly appointed Designated Safeguarding Officer (DSO), Michelle Dowds. The DSO plays a vital role in ensuring the welfare and protection of all our members, with a particular focus on our younger athletes and those who may be vulnerable.

Designated Safety Officer Role and Responsibilities:

Policy Development: Michelle Dowds will be responsible for developing and enforcing safeguarding policies and procedures to safeguard our members and guide our response to any concerns.

Training: She will ensure that all members are equipped with the knowledge to recognize signs of abuse and the appropriate reporting procedures.

Reporting: Michelle Dowds will ensure that all reporting platforms offered by the club are easily accessible for reporting any safeguarding concerns.

Record Keeping: All safeguarding records will be managed through Safe-Guard, ensuring the confidentiality and security of all information.

Recruitment: Michelle Dowds will be involved in ensuring that all club personnel are properly vetted and trained to maintain the highest standards of safeguarding.

Collaboration: She will work closely with our Safeguarding Partner, The Guardian, to ensure that we meet all legal requirements and adhere to best practices in safeguarding.

Support: Michelle Dowds will be the point of contact for anyone in the club with safeguarding concerns or questions, providing guidance, and ensuring that all actions align with our safeguarding policies, and those of the South African National Climbing Federation (SANCF).

Communication: She will develop an ongoing communication strategy to emphasize our club's Zero Tolerance policy for bullying and harassment, ensuring that everyone understands and adheres to it.

The safety and well-being of our members is paramount. We kindly request that you fully support Michelle in her efforts to create a safe environment within our club. It is essential that all members are aware of her role and authority, as defined in our safeguarding policy.

As we embark on this new year we want to emphasize our club's Zero Tolerance stance on any contraventions of safeguarding matters. We take these matters extremely seriously and are committed to ensuring that our club remains a secure and safe place for everyone.

If you have any questions or concerns related to safeguarding or any other club matters, please do not hesitate to reach out to Michelle Dowds at michelle@rakker.club or on 082 894 5265.

Together, we can maintain Rakker Climbing Club as a safe, inclusive, and enjoyable place for all members.

Thank you for your unwavering commitment to the well-being and success of our club.

Yours sincerely

Mehnert Engelbrecht

Chairman

Rakker Climbing Club

Terms & Conditions