STERKLA TERMS AND CONDITIONS OF
USE AND SERVICE
Last updated 14 June 2022
By accessing or using https://www.sterkla.com or the Sterkla App or
any of its related blogs, websites,
applications or online platforms (collectively, “ the Website”, “Platform”), owned by My
Pocket Coach Pty Ltd
(reg no.: 2018/048231/07) (“Sterkla”), a private limited liability company registered and operating
accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to
the terms and conditions contained herein (the “Terms”). All rights in and to the content of the
remain at all times expressly reserved by Sterkla.
Please see Sterkla’s distinct sections onPrivacy , Intellectual Property, and
,Disclaimers & Indemnities,.
Please read these terms carefully before accessing or using the Website and/or Services. Sterkla will
assume you have read and understood these terms should you continue to access or make use of the Website
It is important to note the following:
- The terms "user", “you" and “your” are used interchangeably in these Terms and
refer to all persons accessing the Website or Sterkla Services for any reason whatsoever. Accordingly,
the terms “us”, “our” or “we” refers to Sterkla or its possession.
- Not all terms are necessarily defined in order.
1.INTRODUCTION TO THE WEBSITE AND SERVICES
- 1.1. Sterkla provides an online software platform which, amongst other
services (collectively, the “Sterkla Services”), allows users to register and advertise as an
independent personal coaching provider (“Coach”) and provide their independent services
Services”) to other users who register as personal coaching users (“Coaching Users”). The
Coaching Users use the Website to conclude a private transaction between them, facilitated by Sterkla
and the Website.
- 1.2. Depending on the exact Sterkla Services used on the Website, users
may need to pay a fee to Sterkla, which fee shall be determined as per these Terms and Website-provided
information, and explained to a user before it is ever incurred.
- 1.3.These Terms explain the conditions applicable to all users, Coaches
and Coaching Users using the Website and/or the Sterkla Services. Registered Coaches will also need to
complete the Coach Supply of Services Agreement when making their Coaching Services available on the
- 1.4.In order to use many of the Sterkla Services and/or become a Coach or
Coaching User, users must register on the Website using the prompted methods, and submit any required
information to create a “Profile”.
- 1.5.The Website and these Terms are subject to change without notice.
These Terms are updated or amended from time to time and will be effective upon Sterkla uploading the
amended Terms to the Website. Your continued access or use of the Website and/or Sterkla Services
constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read
these Terms periodically to ensure you are aware of any changes.
- 1.6.Supplemental terms may apply to certain Sterkla Services, such as
policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in
connection with the applicable Sterkla Services. Supplemental terms are in addition to, and shall be
deemed incorporated into the Terms for the purpose of the Sterkla Services
- 1.7.Unauthorised use of the Website or a breach of these Terms by a user
may give rise to a claim for damages against the infringing party and/or be a criminal offence.
2.RELATIONSHIP BETWEEN THE PARTIES FOR VARIOUS SERVICES
STERKLA PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT OR OTHER
ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE STERKLA SERVICES ARE FOR INFORMATION
PURPOSES ONLY, ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM
PRIVATELY, AND FOR WHICH STERKLA HOLDS NO RESPONSIBILITY.
- 2.2.All Coaches registered with the Website will need to additionally
complete a Coach Supply of Services Agreement with Sterkla, making the Coach strictly an independent
- 2.3.The Website acts solely as an online directory, online tool provider
and information service intended to facilitate the matching of users in order for them to privately form
a professional or service relationship. As such, Sterkla does not have an employment, agent nor broker
relationship with any Coach or Coaching User. Your use of the Website or the Sterkla Services, as well
of any Coaching Services, is entirely at your own risk.
- 2.4.If a Coach is engaged by a Coaching User in a formal relationship
subsequent to their use of the Website and Sterkla Services, these parties do so entirely at their own
risk and via private arrangement, where Sterkla is in no way connected at all.
- 2.5.Although Sterkla carefully curates Coach Profiles prior to being
placed on the Website, Sterkla is not responsible for the quality or standard of any information
advertised or displayed on any Profile, or derived from any tool used on the Website.
- 2.6.Users understand that they or other users may be from jurisdictions
which may require regulation of the information and/or actions provided by Coaches and/or users via
the Website. Sterkla does not in any way verify nor confirm the adherence by same Coaches and/or
users with any such laws to which they are subject. It is therefore vital for each user to
understand and be aware that they are fully responsible for any legal obligations resting on them in
either providing or accepting the Coaching Services or information from any such regulated user.
3.USER REGISTRATION PROCESS
- 3.1.In order to become a user of the Sterkla Services, and register
as a Coach or Coaching User, on the Website and make use of the Sterkla Services or Coaching Services,
you must complete the necessary registration process detailed in the Mobile App or at
https://app.sterkla.com and acquire a Profile. Each user shall
have only one (1) Profile and agrees to
provide accurate, current and complete information during the registration process and to update such
information as and when it changes
- 3.2.Sterkla requires you to submit your full name, e-mail address,
date of birth, country of residence, coaching categories, gender, personality traits and phone number
when registering a Profile. Coaches may then setup additional features of their Profile, including
adding their Coaching Service offerings, background, qualifications, their Fees, posts, fields of
expertise, or other career or skills information, which setup may require further information to be
submitted, as prompted by the Website.
- 3.3.To protect your privacy and security, the Website takes
reasonable steps to verify your identity by sending a One Time Pin to your mobile number upon
registration, and requiring you to set a username and password in order to grant access to your Profile,
the Website and/or data. To view or change your personal information provided, you can edit your profile
in the settings menu of the mobile app or website.
- 3.4.By entering your personal information on the Website, you warrant
that the person using the Website is you and/or you have the legal authority to act on behalf of a
corporate entity. You are responsible for your Profile and all actions perpetrated therewith and
thereon, and you should not share your log-in details or password with anyone.
- 3.5.By submitting your personal information to the Website for its
use in a Profile or otherwise, you consent to Sterkla using this information to facilitate a connection
between you and another user.
- 3.6.Please see Sterkla’s
details on how Sterkla uses and processes your personal information.
4.THE STERKLA SERVICES AND COACH SERVICES
- 4.1.For general information purposes, and subject to further information
relating to these Sterkla Services made available by Sterkla on the Website or elsewhere, the following
details some of the exciting offerings which constitute the Sterkla Services available to all users:
- 4.1.1.Signing up as a Coach and promoting your Coaching
- 18.104.22.168.With the completion of the additional Coach Supply
of Services Agreement, users may register as a Coach on the Website and make their
Coaching Services available to Coaching Users to search for and use, across many various
- 22.214.171.124.Coaches can also create and share relevant
Coaching Services media content to other users who have chosen to Follow them or
- 126.96.36.199.In addition, Coaches can share their posts across
other social media platforms.
- 188.8.131.52.Coaches can create Journeys, which Coaching Users
can choose to try out (try 15% for free) or purchase.
- 4.1.3.Use of Website technical tools to facilitate the
- 184.108.40.206.The Website has technical functions which allow
the Coach and Coaching User to transact with each other, including the provision of
calendar and booking functionality, payment facilitation and private messaging.
- 220.127.116.11.Further, the Website contains all the technical
applications required for the Coach and Coaching User to have their Coaching
appointment, including the provision of a videocall function over which the Coach and
Coaching User can communicate during their appointment.
- 18.104.22.168.1.The Coach and Coaching User
explicitly agree, understand and warrant that they shall only contact/engage
each other for the Coaching Services using the Website and/or Sterkla
Services, and shall not circumvent the Website and/or Services to the
detriment of Sterkla. This prohibition on Coaches engaging with Coaching
Users outside of the Sterkla Services and/or Website is for the safety and
security of all parties involved, and to ensure that all users have a
managed and supervised relationship.
- 4.2.You agree and understand that any information or skills-training
provided to any user on the Website or as part of the Sterkla Services, is general in nature and is
not specific to any particular user for any specific need of that user. A user is at all times
responsible for their own decisions and actions relating to the Website and Sterkla and Coaching
Services, where any such information provided by Sterkla is only ever general in nature.
5.PROFILES AND FEES
- 5.1.Users must register a Profile using the relevant tools on the Website,
to access the Sterkla Services.
- 5.2.Once registered, the user is allocated a unique Profile which is under
their control and which can be manipulated by the relevant Profile owner using the various tools made
available on the Website. Some of the features of the Website used by a user may automatically make
adjustments or manipulate a Profile in accordance with the tool’s functions.
- 5.3.In addition to registering a Profile on the Website, Coaches must
successfully complete the Coach Supply of Services Agreement with Sterkla, prior to having their Profile
made available on the Website. Mere application as a Coach with Sterkla does not guarantee that the
Coach will indeed have their Coaching Services made available on the Website. Same will be contingent on
various factors, including the successful completion of the Coach Supply of Services Agreement.
- 5.4.Fees owed between users for Coaching Services used:
- 5.4.1.As part of the Sterkla Services, Coaches can
and make their own private Coaching Services available to other users, where unless agreed to
otherwise, Coaching Users will need to pay a fee to the Coach in consideration for the use of
the Coaching Services (“Coach Fee/s”). The payment of the Coach Fee will be facilitated
Sterkla as the parties’ limited payment collection agent using our authorised payment gateway.
- 5.4.2.A Coach Fee for Coaching Services rendered by a Coach to a
Coaching User is distinct from any fee owed to Sterkla for the provision of the Sterkla
- 5.4.3.All Coach Fees are paid between users via the Sterkla
Stripe to collect payments from coaching users, and TransferWise
to pay out to the coaches - where Sterkla is only operating as a limited payment collection
agent for the users. Notwithstanding this facilitation by Sterkla, any payment of a Coach
Fee made between the Coach and Coaching User via the Website is to be considered a direct
payment between them. Sterkla is in no way involved in the private transaction between these
users, and as such, the Coach of the Coaching Services is considered the seller of the
Coaching Services, and the Coaching User is considered the buyer, which parties have their
own legal obligations as per their specific role in their private transaction.
- 5.4.4.Coaching Users will be required to add a payment method
which will be stored with Stripe. Coaching Users who choose to use the services of a Coach, will
then be directed through Stripe’s payment gateway where the relevant fees will be charged to
their selected payment method.
- 5.4.5.Coaches will be paid for their services rendered to Coaching
Users, on a monthly basis via the TransferWise’s pay-out platform.
- 5.4.6.All transactions will be US Dollar based and will be
converted at the current exchange rate, by Stripe.
- 5.4.7.New Coaching Users will be given 90 (ninety) minutes of free
coaching, which they can redeem across multiple Coaches.
- 5.4.8.Should you have a reasonable and legitimate reason to be
dissatisfied with the quality of Coaching Services that you received from a Coach in a single
appointment, you may request a full refund, provided that the refund request is received within
the same calendar month that the coaching appointment took place. Sterkla undertakes to
investigate the matter and decide whether or not to award the refund. A Coaching User may only
request a refund once, per Coach. Sterkla reserves the right to revoke access to the Sterkla
Services, should we feel that a Coaching Users is excessively and/or unreasonably requesting
- 5.5.Fees owed to Sterkla:
- 5.5.1.Many of the Sterkla Services are free to use on the Website,
but the use of some of the Sterkla Services requires the payment of a fee to Sterkla as a
facilitation fee for providing its platform and/or the Sterkla Services to users.
- 5.5.2.When a Coach and Coaching User transact with each other via
the Website, the Coach will pay a fee to Sterkla, when its own Coach or Journey Fee has been paid
by the relevant Coaching User (“Sterkla Facilitation Fee ”). The Sterkla Facilitation Fee
equal 25% (twenty five percent) of the Coach or Journey Fee, where the Sterkla Facilitation Fee
shall automatically be removed from the payment of the Coach Fee between the Coaching User and
- 5.5.3.The payment of the Sterkla Facilitation Fee by the Coach is
non-refundable by Sterkla, unless a Coaching User has requested a refund and supplied
- 5.6Sterkla will invoice the relevant user every time such a Sterkla
Facilitation Fee is charged by Sterkla, where same invoice will be sent to that relevant user’s provided
email address as detailed in their Profile.
- 5.7For further information on the current Sterkla Services available
generally or applicable to you, please contact firstname.lastname@example.org who will gladly assist.
- 5.8To terminate your use of the Sterkla Services or the Website,
please see clause 16 below.
- 5.9Sterkla may, from time to time, provide certain users with
promotional offers and discounts that may result in different amounts charged for the same or similar
services obtained through the use of the Sterkla Services, and you agree that such promotional offers
and discounts, unless also made available to you, shall have no bearing on your use of the Sterkla
Services or the fees applied to you.
- 5.10For South African Users, amounts stated shall attract Value Added
Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated
and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any
transaction with Sterkla.
- 5.11All payments of any fee or otherwise to Sterkla or between users
are processed through our authorized third-party payment gateway provider,
Stripe, Inc .
- 5.11.1.Sterkla is committed to providing secure online payment
facilities via Stripe. All transactions, as processed by Stripe, are encrypted using secure
socket layer technology (SSL) and stored with encryption.
- 5.11.2.When using the Stripe payment gateway on the Website, the
following is noted:
- 22.214.171.124.The Website uses and stores payment information
with Stripe as an offsite third-party payment gateway to keep your payment details
- 5.12Sterkla reserves the right to establish, remove and/or revise any fees
for any or all services obtained through the use of the Sterkla Services at any time in Sterkla’s sole
discretion. Sterkla will use reasonable efforts to inform you of all charges or fees that may apply to
you, provided that you will be responsible for the payment of all fees properly incurred under your
- 5.13You may contact Sterkla via email at email@example.com to obtain a full record of your statement with
6.CANCELLATIONS AND REFUNDS FOR COACHING SERVICES
- 6.1.In the event that the user purchases Coaching Services from the Coach
using the Platform:
- 6.1.1.Once a user books Coaching Services on the Platform, and
this appointment request is accepted by the Coach, the booking is considered confirmed.
Confirmed appointments will show in the appointment section of the mobile app and Website and
will not have a “Pending” tag.
- 6.1.2.Coaching Users may cancel their appointment without
incurring any cancellation charges, provided that the appointment is cancelled more than 12
(twelve) hours prior to the appointment. If a Coaching User cancels the confirmed appointment
within 12 (twelve) hours but more than 4 (four) hours prior to the start time, the Coaching User
will be charged 50% (fifty percent) of the Coaching Fee. If the Coaching User cancels the
confirmed appointment within 4 (four) hours of the start time, the Coaching User will be charged
100% (one hundred percent) of the Coaching Fee.
- 6.1.3.Should a Coach cancel a confirmed appointment with a
Coaching User, the Coach is required to submit to the Coaching User, a valid reason for the
cancellation. Sterkla reserves the right to take any action that we deem appropriate (which
could include removing the Coach from the platform), should we feel that the Coach is
unjustifiably and repeatedly cancelling appointments and this could have/is having a damaging
effect on Sterkla or the Website’s reputation.
7.USER RESPONSIBILITIES AND WARRANTIES
- 7.1.By using the Website and/or the Sterkla Services, you warrant that:
- 7.1.1.you have read and agreed to these Terms and will use the
Website in accordance with them
- 7.1.2.you have not made any misrepresentations and the information
provided in the registration process is true, accurate and complete;
- 7.1.3.your use of the Sterkla Services and/or your actions or
contributions facilitated via the Website are all within your legal right to do so as per
any applicable country’s legislation to which you are required to adhere to (such as
providing advice which could constitute regulated “financial advice” under your country’s
laws to which you are subject), and indemnify Sterkla from any liability accrued by virtue
of your use of the Website and/or Sterkla Services and/or actions perpetrated thereon;
- 7.1.4.you will timeously pay any due fees to either or both
Sterkla and/or the Coach when required to do so under these Terms;
- 7.1.5.you will at all times treat all other users, including
Coaches and Coaching Users, with respect, dignity and always in accordance with their human and
- 7.1.6.you will not share your contact information with a Coach for
the purposes of circumventing the Sterkla Services;
- 7.1.7. you agree, confirm and acknowledge that you are responsible
for maintaining the confidentiality of your password and any other security information related
to your account (collectively " Account Access"). We advise you to change your password
frequently and to take extra care in safeguarding your password;
- 7.1.8.you agree to notify us immediately of any unauthorized use
of your Account Access or any other concern for breach of your account security;
- 7.1.9.you agree, confirm and acknowledge that we will not be
liable for any loss or damage that incurred as a result of someone else using your account,
either with or without your consent and/or knowledge;
- 7.1.10.you agree, confirm and acknowledge that you are solely and
fully liable and responsible for all activities performed using your Account Access. You further
acknowledge and agree that we will hold you liable and responsible for any damage or loss
incurred as a result of the use of your Account Access by any person whether authorized by you
or not, and you agree to indemnify us for any such damage or los;
- 7.1.11.you agree and commit not to use the account or Account
Access of any other person for any reason;
- 7.1.12.if you receive any file from us or from a Coach, whether
through the Platform or not, you agree to check and scan this file for any virus or malicious
software prior to opening or using this file;
- 7.1.13.you confirm and agree to use only credit cards or
other payment means (collectively “ Payment Methods”) which you are duly and fully
use, and that all payment related information that you provided and will provide in the future,
to or through the Platform, is accurate, current and correct and will continue to be accurate,
current and correct;
- 7.1.14.you are the age of majority in your country of residence
and/or possess the legal authority and capacity to act on your own and/or on behalf of your
employer organisation, and lawfully possess and submit all information to the Website for the
use of it or the Sterkla Services;
- 7.1.15.you will not post, upload, replicate or transmit any
abusive content on the Website that is or could reasonably be considered, in Sterkla’s sole
discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist,
discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way
from properly using the Website;
- 7.1.16.you will not send any unsolicited electronic messages or
use any software, routine or device to interfere or attempt to interfere electronically or
manually with the operation or functionality of the Website including but not limited to
uploading or making available files containing corrupt data or viruses via whatever means or
deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying
- 7.1.17.you will be liable, to whichever relevant authority, to pay
any tax or duty or VAT associated with your receipt of any fees from another user, as is
required by the system of law to which you are subject, where Sterkla is not liable at all for
such payment of any such tax, duty or VAT on your behalf;
- 7.1.18.you will not infringe any third party’s or the Website’s
intellectual property or other rights or transmit content that the user does not own or does not
have the right to publish or distribute;
- 7.1.19.you will not use the Website for any commercial purpose
other than as expressly provided for by Sterkla and the Terms;
- 7.1.20.you will not use the Website to breach any applicable law
or regulation or perform or encourage any illegal activity including (without limitation)
promoting or facilitating access to, use of or sale of illegal substances, services, information
or devices; and
- 7.1.21.you will not facilitate nor assist any third party to do
any of the above.
- 7.2.The Website is only available on compatible devices connected to the
internet. It is your responsibility to obtain these devices and any data network access necessary to
utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website
and you shall be responsible for such rates and fees.
- 7.3.Without prejudice to any of Sterkla’s other rights (whether at law
or otherwise), Sterkla reserves the right to deny you access to the Website or the Sterkla Services
where Sterkla believes (in its reasonable discretion) that you are in breach of any of these
- 7.4.Sterkla does not guarantee that the Website, or any portion
thereof, will function on any particular hardware or device.
8.RECEIPT AND TRANSMISSION OF DATA MESSAGES
- 8.1.Data messages, including e-mail messages, sent by you to Sterkla will
be considered to be received only when acknowledged or responded to
- 8.2.Data messages sent by Sterkla to you will be regarded as received when
the complete data message enters an information system designated or used for that purpose by the
recipient and is capable of being retrieved and processed by the recipient
- 8.3.Sterkla reserves the right not to respond to any e-mail or other data
message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate
content, and to take appropriate action against the sender of such e-mail or data message where
- 8.4.Messages sent over the internet cannot be guaranteed to be completely
secure as they can be intercepted, lost or corrupted. Sterkla is therefore not responsible for the
accuracy or safety of any message sent by email or automated systems over the internet, whether between
Sterkla and a user, or between users.
9.HYPERLINKS, DEEP LINKS, FRAMING
- 9.1.The Website may include links to other internet sites (" the other
sites"). Sterkla does not own or endorse the other sites and is not responsible for the
information, material, products or services contained on or accessible through the other sites. Any such
hyperlinks do not imply any endorsement, agreement on or support of the content or products of such
- 9.2.Sterkla does not purport to own the content on other sites which may
be shown on the Website. Should the owner of any content showcased on the Website want the content to be
removed, please write to firstname.lastname@example.org to request the
removal of such content.
- 9.3.The user’s access and use of the other sites remain solely at the
user’s own risk and on the terms set by the relevant third party.
10.ADVERTISING AND SPONSORSHIP
- 10.1.The Website may contain advertising and sponsorship. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with
all applicable laws and regulations.
- 10.2.Sterkla, its shareholders, employees, suppliers, partners, affiliates
and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability
for any error or inaccuracy appearing in advertising or sponsorship material.
11.NTELLECTUAL PROPERTY PROTECTION
- 11.1. All Website material, content, information, data, software,
icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos,
trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the
Website) together with the underlying software code and everything submitted by a user to the Website
and Sterkla in use of the Sterkla Services, (“the intellectual property”) are owned (or co-owned
or licenced, as the case may be) by Sterkla, its shareholders, associates and/or partners, whether
directly or indirectly, and as such, are protected from infringement by domestic and international
legislation and treaties.
- 11.2.Subject to the rights afforded to you in these Terms, all other
rights to all intellectual property on the Website are expressly reserved. You may not copy,
print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property,
editorial content, graphics or other material on the Website or the underlying software code whether
whole or in part, without the written consent of Sterkla first being granted, which consent may be
refused at the discretion of Sterkla. No modification of any intellectual property or editorial
or graphics is permitted.
- 11.3.For clarity, all ownership and copyright of any user-submitted
content to the Website and/or Sterkla, remains with the relevant user, but which user has
Sterkla a free, non-exclusive, non-assignable and non-transferable license to use and display all such
user content on the Website and in all reasonable and Sterkla-related advertising, in perpetuity and in
- 11.4.Sterkla reserves the right to make improvements or changes to the
intellectual property, information, graphics and other materials on the Website, including that of a
user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that
any transactions already concluded through the Website resulting in any fees, will not be affected by
such suspension or termination, as the case may be.
- 11.5.Where any of the Website intellectual property has been licensed to
Sterkla or belongs to any third party, other than that which has been submitted by a user to the Website
in the use of the Sterkla Services, all rights of use will also be subject to any terms and conditions
which that licensor or third party imposes from time to time and you agree to comply with such third
party terms and conditions.
- 11.6.Subject to adherence to the Terms, Sterkla grants to users a
personal, non-exclusive, non-assignable and non-transferable license to use and display all content and
information contained in the Website on any machine which the user is the primary user. However, nothing
contained on the Website should be construed as granting any licence or right to use any intellectual
property without the prior written permission of Sterkla.
- 11.7.ny enquiries regarding any of the above relating to intellectual
property must be directed to Sterkla at email@example.com.
12.DISCLAIMERS AND WARRANTIES
- 12.1.The Website, including any intellectual property appearing therein,
is provided "as is" and "as available". Sterkla makes no representations or warranties, express or
implied, including but not limited to warranties as to the accuracy, correctness or suitability of
either the Website, information provided by another user or the information contained on the Website in
- 12.2.All information or opinions of users made available on the Website in
relation to any of the Sterkla Services or Coaching Services are those of the authors and not Sterkla.
While Sterkla makes every reasonable effort to present such information accurately and reliably on the
Website, Sterkla does not endorse, approve or certify such information, nor guarantee the accuracy or
completeness of such information on the Website or from another user.
- 12.3.Sterkla, its shareholders, employees and partners, accept no
liability whatsoever for any loss, whether direct or indirect, consequential or arising from
information made available on (or by means of) the Website, other users thereon, and/or transactions
or actions resulting therefrom.
- 12.4.Users from locations outside of South Africa, please note that
Sterkla complies with all South African laws in representing the Services. Should foreign law be
applicable in any regard to your use of the Services and/or the Website in any way, you warrant that
you are at all times acting in accordance with same foreign law, and indemnify Sterkla from any
liability it may acquire by virtue of its supply of the Website and/or Sterkla Services.
- 12.5.Sterkla takes reasonable security measures to ensure the safety and
integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website.
However, Sterkla does not warrant or represent that your access to the Website will be uninterrupted or
error free or that any information, data, content, software or other material accessible through the
Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s
access to and use of the Website remains solely at the user’s own risk and the user should take their
own precautions accordingly.
- 13.1.The user indemnifies and holds harmless Sterkla, its shareholders,
employees, and partners from any demand, action, regulation or application or other proceedings,
including for attorneys’ fees and related costs such as tracing fees, made by any third party and
arising out of or in connection with the user’s use of the Website or services offered or concluded
through the Website in any way.
- 13.2.The user agrees to indemnify, defend and hold Sterkla harmless
from any direct or indirect liability, loss (direct, indirect and/or consequential), claim and
expense (including reasonable legal fees) related to the user’s use of the Website and/or the
Sterkla Services or Coaching Services and for breach of these Terms.
- 13.3.This clause will survive termination of this agreement.
||My Pocket Coach (Pty) Ltd. t/a “Sterkla”
||Private Limited Liability Company
|Description of main business:
||Online platform marketplace
||66 Troon Road, Randburg, Gauteng,
||66 Troon Road, Randburg, 2193, Gauteng,
||66 Troon Road, Randburg, Gauteng,
15.DISPUTE RESOLUTION AND GOVERNING LAW
- 15.1.The user’s access and/or use of the Website, any downloaded
material from it and the operation of these Terms (including any transaction concluded pursuant
thereto) shall be governed by and construed in accordance with the laws of South Africa only.
Disputes between users and Sterkla:
- 15.2.Should any dispute, disagreement or claim arise between a
user and Sterkla concerning use of the Website or the Sterkla Services, the parties shall endeavour
to resolve the dispute amicably, by negotiation, and with the best interests of both parties in
- 15.3. Should the parties fail to resolve such dispute in the
aforesaid manner or within such further period as the parties may agree to in their negotiation, the
parties will approach an independent industry expert who shall mediate the discussion between them,
for the purposes of finding a mutually beneficial solution.
- 15.4.Notwithstanding the above, both parties consent to the
non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg,
even in the event where the quantum in the dispute may be less than the monetary jurisdiction of
that court. Either party may also always use the dispute resolution services of any applicable
legislative tribunal or ombud, as provided for in applicable legislation.
- 15.5.The parties both agree that in no circumstance will either
party publicize the dispute on any social media or other public platform. The parties understand
that any publicity of this nature can cause serious damage to the other party, which damage may
result in a financial claim against the infringing party.
Disputes between users:
- 15.6.Should a dispute arise between users and their private transaction
relating to the Coaching Services, said dispute is between those users exclusively, where Sterkla is not
responsible for fulfilling any function in any way or in any role.
- 15.7.The users agree that they shall handle their private dispute between
them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement
concluded between them, and for the attempted benefit of both parties.
- 15.8.Notwithstanding the above, the parties in a private dispute must
inform Sterkla of the dispute in order for Sterkla to log the issues experienced, and to try assist both
parties in whatever way it deems fit, but is under no obligation to do so.
16.TERMINATION OF USE OF WEBSITE OR SERVICES
- 16.1.IN ADDITION TO THE RIGHTS ABOVE, STERKLA RESERVES THE RIGHT TO
TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE STERKLA SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF
THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT STERKLA GIVES REASONABLE
- 16.2.If you wish to terminate the agreement with Sterkla, or end your use
of the Sterkla Services, you may do so by deleting your Profile on the Mobile App / Website and
discontinuing your use of the Website.
- 16.3.The obligations and liabilities of any user incurred prior to the
termination date of the Terms and/or use of the Sterkla Services shall survive the termination of these
Terms for all purposes, including the payment of any fee which was due and payable before termination.
- 16.4.In the event of cancellation of your agreement with the Terms and
with Sterkla, Sterkla will remove you from the Website and delete your Profile.
17.NOTICES AND SERVICE ADDRESS
- 17.1.Each of the parties chooses their service address for the purposes of
the giving of any notice, the serving of any process and for any other purposes arising from these Terms
- 17.1.2.in the case of Sterkla, at 66 Troon Road, Randburg, 2193,
Gauteng, South Africa; and
- 17.1.2.in the case of the user, at the e-mail and addresses
provided by the user to Sterkla in the registration process.
- 17.2.Notwithstanding the above, any notice given in writing in English,
and actually received by the party to whom the notice is addressed, will be deemed to have been properly
given and received, notwithstanding that such notice has not been given in accordance with this clause.
- 18.1.This document contains the entire agreement between the parties in
relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration,
cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing
and signed by all the parties to these Terms or their duly authorised representatives.
- 18.2.No indulgence, leniency or extension of time granted by Sterkla shall
constitute a waiver of any of Sterkla’s rights under these Terms and, accordingly, Sterkla shall not be
precluded as a consequence of having granted such indulgence, from exercising any rights against the
user which may have arisen in the past or which might arise in the future.
- 18.3.Words importing the singular will include the plural and vice versa.
Words importing one gender will include the other genders, and words importing persons will include
partnerships, trusts and bodies corporate, and vice versa.
- 18.4.The headings to the paragraphs to the Terms are inserted for
reference purposes only and will not affect the interpretation of any of the provisions to which they
- 18.5.The user’s access and/or use of the Website and/or the Sterkla
Services, any downloaded material from it and the operation of these Terms (including any transaction
concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South
- 18.6.Should you have any complaints or queries, kindly address an e-mail
to firstname.lastname@example.org advising Sterkla of same.
- 18.7.In the event of the user failing to pay any amount timeously or
breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney
and client) (including collection commission) which may be incurred by Sterkla in relation to the
payment failure or breach and the rectification of same.
- 18.8.Each sentence, paragraph, term, clause and provision of these Terms
and any portion thereof shall be considered severable and if, for any reason, any such sentence,
paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any
applicable present or future law or regulation or in terms of a final, binding judgment issued by any
court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of,
or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may
otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind
the parties hereto.
- 18.9.No term or condition of these Terms is intended to breach any
peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited
Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of