Terms of service

PREAMBLE

At Milestone Cricket, our foundation rests upon four core values that steer our every action: Customer-Centric Services, Premium Quality Gear, Cricket Excellence, and World Class Professionalism. We're more than just a cricket brand; we're your dedicated partner in your cricket journey. With a legacy of delivering exceptional service and fostering enduring partnerships, Milestone has become synonymous with reliability and excellence.

Our commitment to you goes beyond providing top-notch cricket gear; it's about crafting experiences and nurturing relationships. We're proud to build our brand around the ethos of forming close-knit connections with our valued customers. As you embark on this cricketing adventure with us, we're ensure your satisfaction remains at the heart of everything we do.

Your utilization of our website or ecommerce facilities indicates your express agreement to these Terms of Service, also known as the Terms and Conditions (T's and C's). By accessing or using our services, you wholeheartedly accept and endorse these terms. If you do not agree, kindly refrain from using the website.

Continued use of our site signifies that you have read, comprehended, and accepted the Terms of Service as a legally binding contract, where complete consensus has been established between you and Milestone Cricket.

Responsibility for Policy Review: It is the client's responsibility to periodically review the Policy to stay informed about its contents and any subsequent amendments or extensions made therein.

Product Understanding through Catalogue Information: Clients are advised to thoroughly peruse the website product descriptions and supplementary information available in the Milestone Catalogue. This ensures a comprehensive understanding of the intended product for purchase. When a client fails to conduct such due diligence, rights pertaining to refund is repudiated.

Terms of Service Identification: This text represents the Terms of Service and will be referenced hereafter as "the Policy" or the “Terms of Service” throughout this document.

Identification of Milestone Cricket: Milestone Cricket Pty Ltd, bearing incorporation number 2020/832368/07, is herein referred to interchangeably as "Milestone Cricket" or simply "Milestone."

Definition of "Client": The term "client," as used within this policy, encompasses individuals to whom this document applies, including past, present, and potential clients. It also extends to any individual, entity, corporation, or party accessing or viewing the website. Singular references within this document include the plural form, and gender-specific terms encompass all genders.

 

GENERAL PROVISIONS

Supplementary Terms for Products: Milestone Cricket reserves the right to introduce specific Terms and Conditions for individual products available for sale on the website. These additional terms will not be encompassed within this policy but shall be considered supplementary to it.

Shopping Basket and Order Agreement: Placing a product in the shopping basket without completing the purchase cycle does not establish an agreement of sale or an order for said product. Consequently, Milestone Cricket holds no legal obligation to fulfil such an order. In cases where the product becomes unavailable due to stock depletion after being placed in the basket but not purchased, initiating the checkout process may not be feasible.

Conduct Standards on the Website: Any behaviour on our website deemed unreasonably frivolous, indecent, or vexatious, or any action that obstructs or disrupts the smooth operation of business, may result in Milestone Cricket temporarily suspending or indefinitely terminating your account or access to our services.

Privacy Policy Clarification: It's important to note that the content herein does not constitute the Privacy Policy. The full Privacy Policy can be accessed in the appropriate section located in the website's footer.

Non-Guarantee of Product Outcomes: Milestone explicitly states that no guarantees or warranties are provided for the outcomes or results derived from using our products, whether in practice sessions or during actual gameplay. Our products bear no liability for the quality, results or outcomes of your cricket performance.

Liability Waiver: The client hereby agrees to fully, indemnify, Milestone Cricket. The client waves all rights for liability held in the law of contract, quasi-contract, common law or the law of delicts. The client undertakes to hold harmless Milestone for any actions or lack thereof arising from the client. By doing so, the client relinquishes all rights and claims related to Milestone products or services that might result in claims, liabilities, damages, losses, costs, and expenses, attorney’s fees and so forth. This extends to all employees, owners, distributors, successors, directors, officers, and agents of Milestone Cricket.

Other Policies: For a comprehensive understanding of our Bat Warranty or Refund Policy, not covered within these Terms of Service, please refer to the footer section or visit the “Bat Services” tab on our website for the complete and applicable versions. This Policy does not constitute the Bat Warrantee or the Refund Policy.

 

PRICING

Unless the context suggest otherwise, prices will be provided in Rand (ZAR – South African Rands) and will be VAT inclusive.

We may on an ad hoc basis adapt prices, to the extent we deem fit, without prior notice to you. The pricing structure remains the sole prerogative of Milestone.

 

PAYMENT

Payment Instructions: Milestone Cricket's accurate banking details for payments will be prominently displayed on invoices or during the checkout process. Alternative payment methods linked to our verified banking information will also be available for convenience.

Correct Payment Procedure: All payments must be made to the specified banking details provided by Milestone Cricket.

Responsibility for Accurate Payments: In the event of incorrect banking details entered by a client or a bounced transaction, it is the client's responsibility to rectify the mistake. Failure to correct this error may lead to Milestone seeking specific performance, along with interest and legal fees, to retrieve the outstanding payments.

Direct Payments to Milestone: Even if a client operates through an official agent, reseller, or distributor of Milestone, payments must be directly remitted to Milestone's designated bank account and not to the individual agent, reseller, or distributor unless express consent from Milestone is permitted therefor.

 

AMBASSADOR PROGRAM

This Section of “Ambassador Program” only apply to Current Ambassadors or Prospective Ambassadors (Applicants). When the Policy refers to one of these types of Ambassadors it must be interpreted to include both.

Account Confidentiality Responsibility: As an Ambassador, you bear sole responsibility for maintaining the confidentiality of your account login details to prevent unauthorized access. It is imperative to take all reasonable measures to safeguard your account information.

Application Accuracy: Ambassadors are required to complete the application questionnaire with utmost diligence, precision, and accuracy. By submitting the application, the prospective Ambassador acknowledges the veracity and correctness of the provided information.

Right to Deny Ambassadorship: Milestone Cricket reserves the right to deny any applicant from joining the Ambassador program for reasons deemed fit and justifiable by Milestone Cricket.

Temporary Pause or Suspension of Applications: Milestone Cricket retains the right to temporarily pause or suspend applications to the Ambassador program at its discretion.

Intellectual Property Rights: The content and benefits encompassed within the Ambassador Program contractually belong solely to Milestone Cricket as intellectual property rights. No party is permitted to extract, copy, or utilize the program's content, ideas, or structure for commercial purposes without explicit consent from Milestone Cricket.

Program Suspension or Cancellation: Milestone retains the unilateral right to temporarily suspend or entirely terminate the Ambassador program at its sole discretion. There exists no obligation to continue the program's operation based on any client expectations, applications or historic usage thereof.

 

ONLINE SECURITY

Order Placement Confirmation: By placing orders, you affirm that you are either above the age of eighteen (18) or that a legal guardian is conducting such actions on your behalf. Additionally, you confirm that you possess authorization to use the credit card from which funds are being transferred. You engage in these transactions voluntarily and with full understanding of their nature.

Contractual Capacity: In instances where an individual with limited or no contractual capacity, as defined by the law, seeks to make a purchase on the Milestone Cricket website, it is incumbent upon the client to ensure proper assistance or representation by an individual possessing contractual capacity to enter into a purchase and sale contract on behalf of the client. Failure to secure such representation absolves Milestone Cricket from any liabilities associated with the transaction.

Commitment to Security: At Milestone Cricket, we prioritize the security of your personal information. We employ rigorous measures to safeguard your data and maintain its integrity. Our track record reflects our commitment to ensuring your information remains secure.

SSL and HTTPS Security Protocols: We utilize industry-standard SSL and HTTPS protocols to ensure the safety and security of your data transfer when using our website.

Prohibition of Interference: It is strictly prohibited to disrupt the functionality or operation of our site through any means, including malware, vexatious actions, or other malicious acts such as denial of service attacks, trojan horses, spoofing, phishing, or SQL injections.

Regular Password Updates: Milestone encourages users to regularly update their passwords to enhance security.

Liability relating to Unauthorized Access: Under circumstances involving unauthorized access to user accounts, Milestone Cricket bears no liability for any resulting losses or damages or defamation. The responsibility entirely rests on the user to safeguard their account and promptly report any suspected unauthorized activities. Provided that Milestone Cricket has implemented reasonable security measures.

Website Completeness and Accuracy Disclaimer: Milestone unequivocally states that it cannot ensure the absolute completeness of the website or guarantee its freedom from material errors, including spelling mistakes, grammatical errors, accidental misrepresentations, or outdated information. In the event of any such discrepancies or inaccuracies on the website, Milestone Cricket holds no liability for any resulting consequences.

Client Responsibility for Website Use: The client bears the responsibility to exercise reasonable care and conduct thorough inspections with mature prudence when engaging with the website or participating in any online transactions.

 

COURIERS

Periodic Adjustment of Courier Prices: Milestone reserves the exclusive right to periodically amend and update courier prices without prior notice.

Customized Courier Charges: Milestone has the discretion to apply customized courier charges based on factors such as location within the country, whether urban or rural, and the expected size or volumetric weight of the package. Hence, different courier prices may be applied to various clients or orders.

Additional Charges for Unsuccessful Deliveries: In instances where delivery attempts by Milestone or appointed third-party courier services fail due to the client's unavailability to receive the parcel, Milestone may impose reasonable additional charges to rearrange the delivery.

Client Responsibility for Correct Delivery Details: Milestone bears no legal or financial liability in cases where incorrect address or courier details are provided by the client. Any reasonable fees may by charged by Milestone to rectify such errors.

Special Courier Arrangements: Should the client wish to arrange special delivery conditions, such as simultaneous delivery with another client, delivery on public holidays, or overnight couriers, Milestone requires notification within 12 hours of the order placement to facilitate such special arrangements.

 

INTELLECTUAL PROPERTY

Ownership and Usage: Milestone Cricket asserts all rights, including copyrights, trademarks, and other intellectual property rights, pertaining to the content, materials, logos, designs, and technology displayed on the website. Access to the Milestone Cricket website does not confer or grant any license under these intellectual property rights to any user or third party. Any use, reproduction, modification, distribution, or storage of the website's content for purposes other than personal, non-commercial use requires explicit permission from Milestone Cricket.

Trademarks and Logos: Names, logos, product names, design marks, and slogans present on the website are considered trademarks or service marks owned by Milestone Cricket, its affiliates, or its partners. No license or authorization is provided for the use of any name, logo, or mark from this website. References to third-party names, marks, or sites are provided for convenience only and do not imply endorsement or recommendation by Milestone Cricket.

 

DISPUTES ARISING FROM THE TERMS OF SERVICE

Good Faithed Discussions for Dispute Resolution: Parties unsatisfied with this policy or alleging a breach by Milestone Cricket within or outside the law should prioritize good-faith discussions to settle the dispute amicably before resorting to legal proceedings. If such discussions remain unsuccessful after thorough exploration, the concerned party must engage in mediation with legal representatives before pursuing litigation.

Protection of Client Rights: None of the provisions within the Terms of Service aim to infringe upon or limit any rights of the client as outlined in statutes or other laws. In the event of an alleged discrepancy between this Terms of Service and legal acts such as the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002, the provisions should, to the best extent possible, be interpreted in alignment with these Acts.

Notice of Intent for Legal Proceedings: As a final recourse, if a party intends to initiate legal proceedings directly or indirectly related to this policy or similar legal matters, a notice of intention to file legal proceedings must be provided at least three months prior to initiating such proceedings.

Superseding Contractual Agreements: In cases of disagreement or discrepancy between this policy and any contract involving an Ambassador, Agent, Distributor, contractor, firm, league, club, school, or manufacturer, the terms of such a specific contract will supersede the terms outlined in this policy.

Choice of Law Provision: Pursuant to private international law, the Republic of South Africa is designated as the legal jurisdiction governing all matters pertaining to this Policy.

Jurisdiction of the Magistrates Court: The party hereby consents in terms of Section 45 of Act 32 of 1944 or any amendment thereof to Milestone taking legal proceedings for enforcing any of its rights under this Agreement or otherwise contained in law, if it so elects, in the Magistrates Court in any district having jurisdiction in respect by virtue of section 28(i) of the aforesaid Act. Furthermore, Milestone shall be entitled, at its sole election, to institute any proceedings against the party in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of the court. This clause does not preclude Milestone from, at its sole discretion and election, instituting action in the High Court and the party also consents to the jurisdiction of the High Court if that jurisdiction elected by Milestone.

Domicilium Citandi Et Executandi: The party hereby appoints their address utilised in the checkout procedure as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to Milestone within ten (10) working days.

Website Experience: If the client finds the website morally objectionable, irrational, defamatory, offensive, discriminatory, or otherwise objectionable, they are encouraged to discontinue its use. The client is under no obligation to utilize our services, and Milestone will recommend an alternative cricket brand upon request. Continuing to use the website after experiencing these objections results in the client waiving all legal rights related to the objectionable content.

 

AMENDMENT, CESSATION AND VARIATION OF THIS POLICY

We have the right to update, amend, cessate or vary this policy wholly or partially, unilaterally from time to time without prior notice of such amendment being provided to clients.

 

PRODUCT INFORMATION

Accuracy of Website Content: Milestone endeavours to maintain accurate and current content on its website. However, errors or discrepancies in product pricing or information may occur. Should such discrepancies arise, or if the catalogue and website information differ, we kindly request that you notify us at info@milestonecricket.co.za for prompt resolution.

Colour Representation Clarification: Colours of products displayed on the website may slightly differ from the actual product due to variations in screen display. While efforts are made to ensure a close resemblance, minor variations in colour tone, intensity, or shading between the displayed and actual product do not impose liability on Milestone.

Product Measurements and Handmade Variations: Product measurements are presented as accurately as possible. However, as items are handmade, slight variations in size among identical items or deviations from measurements provided in official Milestone documentation or the website may occur. In such cases, Milestone does not assume responsibility. Should you wish to exchange for a different size, subject to availability and price differences, Milestone will assist with the replacement process.

Product Availability: All products are subject to availability. If a purchased product is found to be out of stock, Milestone commits to refunding the client within 48 hours.

Product Details and Specifications: Milestone reserves the right to periodically modify product specifications, descriptions, names, images, and details without prior notice to clients.

Ownership Transfer upon Delivery: Ownership of the product passes to the client upon successful delivery to the specified address or to an agent or assignee nominated by the client.