racingassociation.co.za

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Website Terms and Conditions of Use : These Terms and Conditions ("the terms and conditions") govern your ("the User") use of the Racing Association ("Provider") Website located at the domain name www.racingassociation.co.za ("the Website"). By accessing and using the Website, the User agrees to be bound by the terms and conditions set out in this legal notice. If the User does not wish to be bound by these terms and conditions, the User may not access, display, use, download and/or otherwise copy or distribute content obtained at the Website.

Updating of these Terms and Conditions : Provider reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these terms and conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these terms and conditions, including such changes or updates.

Copyright and Intellectual Property Rights : Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program Carrying Signals, Published Editions and Computer Programs ("the content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner, of such rights ("the owners") and is protected by South African and international copyright laws. The Providers reserve the right to make changes to the Website, the content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these terms and conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.

Limited License to General Users
  • Provider grants to the User, subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only;
  • This Website and the content may not be reproduced, duplicated, copyrighted, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider;
  • The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the content for the benefit of another merchant;
  • The User may not frame nor use framing technologies to enclose the Provider Website or the content nor any part thereof without the express prior consent of Provider;
  • Provider and the owners do not offer products or services to minors. If you are under the age of 21, you may not respond to or otherwise accept or act upon any offers in the Website;
  • Provider and owners, their affiliates and subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in tehir sole discretion;
  • Any unauthorised use terminates this license.
Limited License to Registered Users
  • Provider allows and processes the registration of certain corporate Users ("the registered User") at the Website. If you believe you are entitled to registration, please complete the user form.
  • Subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and revocable right is granted to registered Users to access, display, use, download and otherwise copy the current and future content for the purposes agreed to by the registered User and Provider in their respective agreements.
  • This Website and the content may only be reproduced, duplicated, copied, resold, visited or otherwise exploited for the specific purposes set out in that agreement.
  • The license does not allow the registered User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the content for the benefit of another merchant.
  • The registered User may not frame nor use framing technologies to enclose the Provider Website or the content nor any part thereof without the express prior consent of Provider.
  • Provider and the owners, their affiliates and subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  • Any unauthorised use terminates this license.
Registered user agreement
  • No employees, shareholders or members of any competing entity, specifically including Thunda.Com and JHBLive are entitled to register as users of this site or make use of any information or images on the site.
  • Registered users may download or transmit to themselves only images hosted on this website. They may not forward such images to any other persons and they may not publish such images in any other medium save if the image is their own personal image and in the event that written permission is obtained by the registered user from any other persons whose image appears in such images.
Limitation of Liability : The Website and all content on the Website, including any current or future offer of products or services, are provided on an "as is" basis and may include inaccuracies or typographical errors. The owners make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked Website, even if Provider is expressly advised thereof.

Privacy, Access To and Use of Information : Provider receives various types of information ("the information") from Users who access the Website. Provider makes every effort to protect any information received by it. Despite such undertaking, it is possible for Internet based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. The owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the owners through the Internet, or that you expressly or implicitly authorise the owners to make, or for any errors or any changes made to the transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Provider, the User to urged to take care to read and understand the underlying privacy clauses incorporated in these terms and conditions :-

Privacy : casual surfing : The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed etc. Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information and may copy, distribute, or otherwise use such information without limitation.

Privacy : unsolicited information : If the User posts unsolicited content or other information ("the information") to the Website, and unless otherwise indicated, then the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. The User grants to the owners the right to use the name that the User submits in connection with such information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the information that the User posts, that the information is accurate; that by the supply of the information to Provider, the User does not violate this policy and does not infringe the rights of any person or entity; and that the User indemnifies the owners for all claims resulting from the receipt by the Provider of the information the User supplies to it. Provider reserves the right but not the obligation to monitor and edit or remove any information, where posted to public pages. Provider takes no responsibility and assumes no liability for any information posted by the User or any third party.

Privacy : unsolicited information the User gives to Provider : Provider requires certain personal information to process transactions if the User requires any of Provider's products or services. Provider receives and stores all information the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain information, but that may limit the services or products that the User may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.

Privacy : promotional information : Provider aspires to provide first class service to its customers, which necessitates Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt out of such information circulars. For more information, please call the Provider Help Desk, or send an email to info@racingassociation.co.za

Sms: The user grants permission to the Provider to enter the user's cellular number onto its SMS database, if supplied by the user, for the purpose of promotional SMS's advertising either the Racing Association or it's sponsored activities. If the user requires his or her number to be removed from this database the user may address an e-mail in this regard to info @racingassociation.co.za

Privacy : business transfers : Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer information will be one of the transferable assets.

Privacy : lawful purposes : When the Provider is served with due legal process requiring the delivery of personal customer information, it has the legal duty to abide by that demand, and will do so.

Privacy : surveys : Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt out from such surveys.

Competition Rules: All competitions run on the site will be governed by the rules of the competition and the terms and conditions of this website. The decision of The Racing Association, or judges appointed by it in competitions, is final and no correspondence can be entered into. Voting is taken into consideration when such decision is reached. The Racing Association's decision, or that of its judges or system administrator, in such circumstances is final and no correspondence will be entered into. The entrant grants permission to The Racing Association to use his/her photograph in advertisements relating to the competition.

Photographs: In allowing or posing for a photograph to be taken by a The Racing Association photographer a person grants permission to The Racing Association to publish on its website at www.racingassociation.co.za his or her image together with any or all questions and answers from any interview. The person indemnifies The Racing Association against all expenses, costs, proceedings and liability arising directly or indirectly from the use of his/her image on the website. In the event that a person does not wish there photograph to appear on the website, they can, in an e-mail to info@racingassociation.co.za clearly identify the photograph and themselves and request its removal.

E-mail: It is a condition of membership of this site that the member agrees to receive e-mails from The Racing Association and that these e-mails may carry commercial advertising or information of sponsors or advertisers. Members may unsubscribe from the site if they do not wish to receive such e-mails, but in so doing, they lose the ability to see full versions of photographs, e-mail them to themselves, vote in competitions or read interviews.

Choice of Law : This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa. The Providers make no representation that the content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside South Africa, that User is responsible for compliance with all local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitutes the entire agreement between the Provider and the User with regard to the use of the content and this Website.

Contact Details : In the event that you need to contact Provider for purposes relating to these terms and conditions, please use the following :-
Telephone : +27 11 683-3220
Fax: +27 11 683-3222
Email : info@racingassociation.co.za

© The Racing Association 31 March 2005

This Website was most recently updated on 31 March 2005