Operating Hours: By Appointment Only. No Walk Ins
Terms of Service Infinity Cape Town (Pty) Ltd
(Reg. No. 2021/726889/07)(“Infinity”, “us” or “we”)
1. Club Rules
You agree to our club rules for users of Infinity services, or participants in Infinity events. Any breach of our house rules will constitute a breach in terms of this agreement. By signing up with us you agree to our house rules and these terms.
You agree to make payment of the applicable membership fee (as selected on your sign-up for the services/events) and to do so in advance of your membership commencing.
You hereby warrant that you are of legal age (18 years old) to make use of our services or participate in our events. We reserve the right to withhold our services if you cannot supply proof of age on request.
By using our services, or participating in any Infinity organised event, you agree to indemnify Infinity and its successors, shareholders, partners, directors and employees (both current and former) against any claim of whatsoever nature (including damages, loss, patrimonial and non-patrimonial losses, interest, costs, expenses or otherwise) howsoever arising that made be made against them by any third party as result of participating in any Infinity services or other events.
You waive all claims of whatsoever nature, howsoever arising, which you may have against Infinity. These claims include, but are not limited to, those for personal injury, death, property damage, patrimonial and non-patrimonial losses, or any other loss sustained as a result of your participation in any event or services by Infinity due to any cause whatsoever, including without limitation, negligence on the part of Infinity, Infinity staff or other participants to Infinity services or events.
6.1. Infinity maintains a strict confidentiality policy regarding your use of its services or participation in its events. You agree that you will not disclose any details of other users or participants’ use of the services/participation in events, except in circumstances as required by law or where necessary for the receipt of medical care, in which cases only the necessary details may be disclosed.
6.2. Infinity will not disclose any details of your use of its services or participation in its events, except in circumstances as required by law (including for the defense or prosecution of legal proceedings) or where necessary for the receipt of medical care, in which cases only the necessary details may be disclosed.
6.3. Details that may not be disclosed include, but are by no means limited to users’, participants’ or Infinity members’
6.3.2. Membership duration;
6.3.3. Images and recordings (including visual and audio);
6.3.4. Use of Infinity services or participation in events, particularly in the types of services and events enjoyed.
7.1. You consent to the processing of your personal information by Infinity for the purposes of providing its services to you or for your voluntary participation in Infinity events.
7.2. Infinity will collect the following information from you in providing the services or for the purposes of organising events:
7.2.1. Your name;
7.2.2. Your contact details;
7.2.3. Your ID number;
7.2.4. Your medical information (pre-existing conditions in particular);
7.2.5. Your age;
7.2.6. Your preferences.
We may request additional information from you depending on the bespoke nature of services provided, the purpose of which we will explain to you.
7.3. We will process this information by storing it securely, referring to it as needed for provision of the services or for your participation in our events, or as otherwise required by law, including for the enforcement of this agreement and for the defence/prosecution of legal proceedings. This may include our retention of the necessary information for a period of 3 years after you cease to be a member of Infinity.
7.4. While we will take all reasonable steps to ensure the security of your personal information according to industry standards, it is not possible to guarantee the complete security of all information provided at all times.
7.5. We will notify you as soon as reasonably practicable of any breach of security, loss of or damage to your personal information.
7.6. You are responsible for taking your own reasonable precautions in safeguarding your personal information.
7.7. Although we will endeavour to ensure your information is as correct as possible, you are responsible for notifying us of any changes to your personal information which may occur from time to time.
7.8. Infinity will not be held liable for any losses of any nature which are due to incorrect personal information provided by you when using our services or participating in our events.
7.9. We will notify you as soon as reasonably practicable of any breach of security, loss of or damage to your personal information.
7.10. If you suspect that your personal information has been compromised, please immediately contact us at firstname.lastname@example.org.
7.11. You may contact us at email@example.com if you wish to withhold consent for the use of your personal information, however we will not be able to provide you with the services or permit your participation in any of our events without this information.
8.1. In the event that you breach the provisions of this agreement you agree that you will be liable for any and all damages or losses suffered by Infinity as a result of your breach, including legal costs on an attorney-client scale.
8.2. In the event of your breach of this agreement you further agree that Infinity shall have the right to apply to a competent court for an order restraining any such further breach of this agreement and for such other relief as Infinity shall deem appropriate. This shall be in addition to remedies otherwise available to Infinity.
9. Written Notice and Service Address Of Documents
9.1. Any written notice in connection with this agreement may be delivered to Infinity at: firstname.lastname@example.org , or to179 Blaauwberg Road, Table View, 7441.
9.2. Any written notice in connection with this agreement may be delivered to members, recipients of Infinity services or participants in Infinity events at the email address or physical address they provide when signing up with Infinity.
9.3. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication.
9.4. Either party may change its address for the purposes of notices in terms of this agreement to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change.
10. Variation, Cancellation & Waiver
No agreement varying, adding to, deleting from, novating, or cancelling this agreement (aside from periodic changes mentioned below), and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
These terms may change periodically with updates by us, we will endeavour to inform members/participants of changes to our terms and same will be posted to our website. If you disagree with any of these changes you must communicate your disagreement to us, otherwise you shall be deemed to have agreed to the changes within a period of one week of the changes being posted to our site.
11. Whole Agreement
This Agreement constitutes the whole of the agreement between the parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this agreement not incorporated in this agreement shall be binding on any of the parties.
12. Applicable Law and Jurisdiction
This agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.