Terms of Service

1. Eligibility and authority

You may use the App only if you are legally capable of agreeing to these Terms or if an authorized parent or legal guardian agrees on your behalf.

If you use the App on behalf of a student, organization or another person, you confirm that you have authority to act on their behalf.

Where a student is a minor, the student’s parent or legal guardian is responsible for supervising the student’s use of the App and providing any consent required by law.

2. Accounts

Accounts use an email address and password for authentication.

You must provide accurate, current and complete account information. You are responsible for:

• Protecting your login credentials.
• Activities performed through your account, subject to applicable law.
• Ensuring that only authorized people use your account.
• Informing us promptly at matt@kung-fu.co.za if you suspect unauthorized access.

You must not share an account where doing so would bypass the App’s role-based permissions or expose another person’s information.

We may require reasonable verification before creating an account, changing account details, granting access to student information or processing a sensitive request.

3. Permitted use

You may use the App only:

• For its intended school, instructional, administrative or membership purposes.
• In accordance with your assigned role and permissions.
• In compliance with these Terms and applicable law.
• Without interfering with the rights, safety or privacy of others.

4. Prohibited conduct

You must not:

• Access another person’s account or information without authorization.
• Misrepresent your identity, authority, attendance, qualifications or relationship to a student.
• Attempt to bypass access controls or security measures.
• Copy, scrape, harvest or systematically extract information from the App without authorization, except where applicable law permits it.
• Upload malware or use the App to distribute harmful material.
• Interfere with the App’s operation or place an unreasonable load on its systems.
• Use information from the App to harass, discriminate against, exploit or harm another person.
• Publish private student, family, instructor or school information without authorization.
• Reverse engineer the App except where applicable law expressly permits it.
• Use the App for unlawful, fraudulent or unauthorized commercial purposes.
• Allow another person to perform any prohibited activity through your account.

5. Student information and safeguarding

Information about attendance, rank, grading, assessments or progress is maintained for instructional and administrative purposes.

Progress indicators, recommendations and readiness information displayed by the App are advisory. Promotion, grading, participation and safeguarding decisions remain under the control of authorized instructors or school administrators. The App does not automatically promote students.

Users must handle information concerning minors responsibly and only for authorized purposes. Report suspected safeguarding concerns to Shifu Matt, school administrator, at matt@kung-fu.co.za or +27 82 424 3751.

If there is an immediate risk of harm, contact the appropriate emergency service or authority rather than relying on the App.

6. User content

“User Content” means information submitted to the App by a user, including profile information, forms, comments, messages and media-consent choices.

You retain ownership of your User Content. You grant us a limited, non-exclusive licence to host, process, reproduce and display that content only as necessary to operate, secure, support and improve the App and provide the requested services, subject to our Privacy Policy. This licence does not by itself authorize public marketing use of personal information or images.

You confirm that you have the necessary rights and permissions to submit User Content, including information relating to another person or a minor.

We may remove or restrict User Content that violates these Terms, infringes another person’s rights, creates a safeguarding or security risk, or must be removed by law.

7. Privacy

Our collection and use of personal information are described in our Privacy Policy, available at learnkungfu.co.za/privacy-policy.html.

The Privacy Policy forms part of these Terms. By using the App, you acknowledge that personal information will be handled as described in that policy. This acknowledgement does not replace any separate consent required by law.

8. Communications

We may send essential service communications concerning account security, class administration, schedule changes, safeguarding, legal notices or changes to the App.

Marketing communications will be sent only where permitted. You may unsubscribe from marketing messages without affecting essential service communications.

Messages sent through the App must be appropriate, lawful and related to legitimate school activities. The App must not be relied upon as an emergency communication service.

9. Fees and payments

Access to the App is currently provided without a separate fee. School membership, tuition, events, equipment, grading and other services may still be subject to separate charges and agreements.

Prices and applicable charges for purchases will be disclosed before you confirm a purchase. Online card payments are processed through Yoco-hosted checkout. By confirming a purchase, you authorize collection of the displayed charge for that purchase.

Cancellation and refund rights are governed by the terms disclosed for the relevant service or purchase and applicable law. For a cancellation, payment query or refund request, contact matt@kung-fu.co.za. These Terms do not remove statutory cancellation or refund rights.

Failure to pay an amount when due may result in restricted access to paid services, but we will handle student records and personal information in accordance with our legal and safeguarding obligations.

10. Third-party services

The App uses Yoco-hosted checkout for online card payments and Bunny Stream for learning-video playback.

We do not control third-party services. Their availability and handling of information are governed by their own terms and privacy policies. We are not responsible for a third-party service except to the extent required by applicable law.

11. Intellectual property

The App, including its software, design, branding, text and original content, is owned by or licensed to Deep South Kung Fu & Tai Chi and is protected by applicable intellectual-property laws.

We grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the App for its intended purposes while these Terms remain in effect. Revocation is subject to section 13 and applicable law.

These Terms do not transfer ownership of the App or its intellectual property to you.

12. Availability and changes

We aim to keep the App reasonably available but do not guarantee uninterrupted or error-free operation.

We may perform maintenance or change, suspend or discontinue features when reasonably necessary. Where practicable, we will give reasonable notice of material changes that negatively affect users.

To the extent permitted by law, we are not responsible for interruptions caused by circumstances outside our reasonable control, including failures of internet, hosting, telecommunications or third-party services.

13. Suspension and termination

You may stop using the App at any time and may request account closure by contacting matt@kung-fu.co.za. Closing an App account does not itself cancel a separate school membership or purchase agreement; please contact us about those arrangements.

We may restrict, suspend or terminate access if:

• You materially or repeatedly violate these Terms.
• Access creates a security, privacy, safeguarding or legal risk.
• The applicable school membership or authorized relationship ends.
• We are required to do so by law.
• The App or relevant service is discontinued.

Where appropriate, we will provide notice and a reasonable opportunity to address the issue. Immediate action may be taken where necessary to protect a person, secure the App or comply with law.

Termination does not automatically require deletion of records that we must retain for legal, financial, safeguarding, dispute-resolution or legitimate administrative purposes. Data requests will be handled under our Privacy Policy.

14. Educational and physical-activity disclaimer

Information displayed through the App is provided for school administration and general instructional support. It is not medical or healthcare advice.

Kung fu, Tai Chi, self-defence and other physical activities involve an inherent risk of injury. Users should act within their abilities, follow instructor guidance, disclose relevant limitations through appropriate channels and obtain professional medical advice where necessary.

Nothing in these Terms excludes or limits responsibilities that cannot lawfully be excluded, including applicable duties relating to safety, safeguarding and consumer rights. These App Terms do not replace any separate participation briefing or consent required for physical training.

15. Disclaimer of warranties

To the maximum extent permitted by law, the App is provided on an “as available” basis. We do not guarantee that it will always be available, secure, error-free or suitable for every individual purpose.

This section does not affect warranties, guarantees or other rights that cannot lawfully be excluded or limited.

16. Limitation of liability

To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, special or consequential loss arising from use of, or inability to use, the App. This exclusion applies only where lawful and fair in the circumstances.

These Terms do not impose a fixed monetary cap on our liability. Any liability not lawfully excluded is determined under applicable law.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of mandatory data-protection duties, or any other liability that cannot lawfully be excluded.

17. Indemnity

To the extent permitted by law, you agree to be responsible for losses or claims arising directly from your unlawful use of the App, your deliberate violation of these Terms, or User Content that you submitted without the necessary rights or authority.

This provision does not require a consumer to indemnify us for our own negligence, unlawful conduct or breach of these Terms. It applies only to losses for which you may lawfully be held responsible.

18. Changes to these Terms

We may update these Terms to reflect changes to the App, our operations or applicable requirements.

Updated Terms will be published at this location with a revised “Last updated” date. We will provide appropriate notice before a material change takes effect. If required by law, we will obtain renewed acceptance.

Continued use after an updated version takes effect constitutes acceptance only to the extent permitted by applicable law.

19. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa.

The courts with competent jurisdiction in Cape Town, Western Cape, South Africa will have jurisdiction over disputes, subject to any mandatory consumer right to bring a claim in another court, tribunal or legally available forum.

Before commencing formal proceedings, you and we agree to make a reasonable attempt to resolve the dispute by contacting the other party and describing the issue. You can contact us at matt@kung-fu.co.za. This does not restrict either party’s right to obtain urgent relief or use a legally available complaint process, or require a delay that would prejudice a legal right.

20. General provisions

If part of these Terms is found unenforceable, the remaining provisions will continue to apply. A failure to enforce a provision is not a waiver of the right to enforce it later.

You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations as part of a legitimate restructuring, merger or transfer of the App, subject to applicable law and any required notice or consent.

These Terms, together with the Privacy Policy and any specifically referenced policies, constitute the agreement concerning use of the App. Separate school membership, enrolment, payment or participation agreements may also apply.

Nothing in these Terms overrides mandatory protections under applicable South African law, including the Consumer Protection Act 68 of 2008, where applicable.