Terms & Conditions
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE, INCLUDING USE THROUGH AN ELECTRONIC AGENT, IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN FURTHER USE OF THE WEB SITE IS PROHIBITED.
Click on the links below to access sections of this document:
Definitions
Use of this site and services offered
Amendments to content and information
Owner information and required disclosures
No offer
Disclaimers
Indemnity
Acceptable use
Receipt of data messages
Monitoring and interception of data messages
Removal of Content - Notice of Objection
Security
Copyright and intellectual property protection
Privacy and confidentiality of communications
Advertising and sponsorship
Automated searching
Hyperlinks, deep links, framing and web crawlers
Termination of this agreement
Applicable law
Dispute resolution
Amendment of these terms and conditions
Enforceability of these terms and conditions and waivers
Version History
"web site owner" and/or "we" means Road and Track Events CC
"user" means any person accessing any part of the web site and includes members
"this web site" means www.roadandtrack.co.za and all sub pages thereof excluding links to external sites
"ECT Act" means the Electronic Communications & Transactions Act 25 of 2002
"consumer" means any natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier
Use of this site and services offered
2. Use of this web site is strictly at the sole risk of the user.
3. The services ("the services") offered through this website are designed to provide users with information relating to the outdoor, automotive-themed events offered by Road and Track Events.
4. Any and all illegal, unlawful or fraudulent conduct directed towards this web site or any of the services offered through it is strictly prohibited.
Amendments to content and information
5. The web site owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this web site.
6. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.
Owner information & required disclosures under section 43 of the ECT Act
7. Please submit any query in respect of these Terms & Conditions or the use of this web site to us in any of the following ways
Web site owner: Road and Track Events CC
Registered Number: 2008/089041/23
Members: Deon Naude Joubert, Sanet Joubert, Tina Slater
Tel. +27 21 422 0976 E-mail: sanet@roadandtrack.co.za
Physical Address: 3 Quarry Hill Road, Tamboerskloof, Cape Town, 8001
Postal Address: PO Box 1003, Milnerton, 7441
Registered Address: 15 Uplands Road, Milnerton, 7441
VAT number: pending
8. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.
9. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.
10. Subject to Chapter 7 of the ECT Act, the web site owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this web site.
11. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner or, including reliance on any information published thereon.
12. The web site owner has no control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.
13. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION 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 USERS USE OF THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.
14. Users undertake not to
14.1. impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications
14.2. make available or upload files that contain software or any other material not owned or licensed to the subscriber
14.3. make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.
15. Data messages, including e-mail messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to.
16. A data message sent by the web site owner to users shall 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.
17. The web site owner 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 the appropriate action against the sender of such e-mail where necessary.
18. The user agrees that data messages sent to this web site will not be regarded as confidential unless otherwise agreed.
Monitoring and interception of data messages
19. In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, the web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
Removal of content - notice of objection
20. If the web site owner receives a valid notice of objection relating to any content that is posted on this web site then the web site owner, subject to the provisions of this clause, will remove the content as contained on the web site.
21. A valid notice of objection must be emailed or faxed to the web site owner and include:
21.1. full names and address,
21.2. written or electronic signature,
21.3. identification of the right that has been infringed,
21.4. identification of the material or activity that infringes this right,
21.5. the remedial action needed,
21.6. the telephonic and electronic contact details,
21.7. a statement that the complainant is acting in good faith, and
21.8. a statement that the information is true and correct.
22. If the notice of objection does comply with clause 21 then the web site owner will remove the content and inform the complainant and, if necessary, the third party that posted that material immediately.
23. The web site owner expressly disclaims any liability which may arise as a result of the removal of content pursuant to the receipt of a valid notice of objection.
24. While we take all reasonable security precautions and subject to , no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
25. The following acts in connection with this web site are expressly prohibited:
25.1. Gaining or attempting to gain unauthorised access to any web page or part of this web site;
25.2. Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or
25.3. Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.
26. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.
Copyright and Intellectual Property protection
27. Copyright in all information, logos, images, source codes and other original material contained in this web site, which is not attributed to a third party, is held by or licensed to the web site owner. The web site owner asserts and reserves all its rights, including moral rights, in this regard. No right, title or interest in any proprietary material or information contained in this web site is granted to users other than set out above.
28. The web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to view, copy, download to a local drive, print and display all content and information on any machine of which the user is the primary user provided that such use:
28.1. Is for information purposes only;
28.2. Is for non-commercial purposes or within a non-commercial web site;
28.3. Any reproduction must acknowledge this web site as the source of the information in a proper copyright notice.
29. Users are required to inform the web site owner of any non-commercial use by e-mailing sanet@roadandtrack.co.za
30. Users wishing to utilise content for their own commercial purposes may only doing so with the prior written permission of the web site owner. Requests for commercial use may be submitted by e-mailing sanet@roadandtrack.co.za. The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.
31. Users are requested to note that intellectual property rights in certain material and/or information contained on this web site may vest in a third party other than the web site owner and that the user is under a legal duty to respect such rights.
Privacy and Confidentiality of communications
32. Further information regarding the manner in which we respect the privacy of users' personal information is contained in our Privacy Policy, which form part of these Terms and Conditions of Use. Please review this now.
33. The User's attention is drawn to the fact that information transmitted via the Internet, including e-mail, is susceptible to monitoring and interception. The User is therefore discouraged from transmitting to the web site or web site owner any information that may be confidential, proprietary, or sensitive. The User shall bear all risk of transmitting such information in this manner and under no circumstances will the web site owner be liable for any loss, harm, or damage suffered by the User as a result thereof.
34. The web site owner reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should the web site owner deem it necessary.
35. This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
36. The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
37. Automated transactions and searches are subject to these terms and conditions.
38. The use of malicious search technology is prohibited.
39. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
40. Search technology which does not unduly retard the operation of this web site is acceptable but the web site owner reserves the right to prohibit any specific entity from employing search technology on the web site.
Hyperlinks, deep links, framing and web crawlers
41. Persons, business and web sites are free to link to this web site. Please notify us of any link created by e-mailing details of the link (and the page to which it points) to sanet@roadandtrack.co.za.
42. Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.
43. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
44. The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted by e-mailing sanet@roadandtrack.co.za.
45. While the use of web crawlers and search software is permitted on this site, the web site owner reserves the right to restrict the use of web crawlers in whole or in part as it sees fit. You may not save the whole or any part of the source code of the Web site nor may a person use any technology or application that extracts the source code of the Web site and saves this information.
46. The user of electronic agents to harvest personal information from the web site is strictly prohibited.
47. The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:
47.1. The web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;
47.2. The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site.
47.3. Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site.
What law governs this Agreement?
48. Subject to the dispute resolution provisions below, the user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
49. This web site is owned and maintained within the Republic of South Africa.
50. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
51. Users consent to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.
Amendment of the terms and conditions of this Agreement
52. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.
53. We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.
Enforceability of this Agreement & waivers
54. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
55. Any failure by the web site owner to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
56. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
57. These Terms of Use contain the record of the entire agreement between the user and the web site owner.
| Version | Date issued | Date effective | Summary of revisions |
| 1.0 | 18 June 2008 | 18 June 2008 | n/a |