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TERMS OF USE
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Please read the sport.co.za Terms and Conditions of Use carefully before using our website. We
would appreciate your doing so as it will go a long way in maintaining a harmonious relationship
between you, the user, and sport.co.za.
Your access to and use of the sport.co.za website as the user ("the user") shall be subject to the
following terms and conditions. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
THIS WEBSITE OR USE ANY OF THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. We reserve the right
at our sole discretion to update or revise the Terms and Conditions of Use. The amended terms
will be made available on the website. Your continued use of this website following the posting
of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
1. THE INFORMATION SERVICE
1.1 The sport.co.za information service ("the information service") is comprised of
information and content, which includes but is not limited to articles, advertising services,
general news, e-commerce, interactive chat rooms, trading websites, news groups and forums
(moderated and unmoderated) provided by sport.co.za and third parties with whom sport.co.za has
contracted.
1.2 sport.co.za may, in it’s sole discretion, amend these terms and conditions from
time to time at which time the new terms and conditions will immediately come into effect in
respect of further usage.
2. GRANT
2.1 sport.co.za hereby grants to the user a personal, non-exclusive, non-assignable and
non-transferable right to use and display all content and software included in the information
service on any computer of which the user is the primary user.
2.2 Notwithstanding anything contained in clause 2.1 above the user may designate
members of the user's household to use the information service in accordance with the terms of
this agreement, provided it is done by using the user's computer equipment or account.
2.3 Any free service offered on the sport.co.za web-site is at the sole discretion of
sport.co.za.
2.4 The user shall not copy any of the content or software without first obtaining
sport.co.za’s consent and sport.co.za reserves all it’s rights, including the right to institute
legal action and to terminate this agreement, should such infringement occur.
2.5 The user shall be responsible for all use of the information service accessed
through the user's account, as defined by any user identification mechanisms such as cookies,
passwords or authentication certificates, and the user hereby agrees to be personally liable for
any and all obligations entered into or assumed by others who access the information service
through the user's account.
2.6 Neither the user nor it’s designated users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially exploit, any information, software or
other content which they receive or access through the information service, without the prior
written consent of sport.co.za.
2.7 As a condition of your use of the sport.co.za website, you warrant to sport.co.za
that you will not use the website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. Any unauthorised commercial use of the website, or the resale of it’s
services, is expressly prohibited.
2.8 You agree to abide by all applicable local, provincial, national and
international laws and regulations and are solely responsible for all acts or omissions that
occur under your use of the sport.co.za website. By way of example, and not as a limitation, you
agree not to:
2.8.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
2.8.2 Publish, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information.
2.8.3 Advertise or offer to sell or buy any goods or services for any
non-personal purpose.
2.8.4 Harvest or otherwise collect information about others, including email addresses,
without their consent.
2.8.5 Create a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message.
2.8.6 Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity that is not a website member any directory of the website members or other user
or usage information or any portion thereof other than in the context of your use of the website
as permitted under the Terms and Conditions.
2.8.7 Transmit or upload any material that contains viruses, trojan horses, worms, time
bombs, cancel bots, or any other harmful or deleterious programs.
2.8.8 Transmit or upload any material that contains software or other material
protected by intellectual property laws, rights of privacy or publicity or any other applicable
law unless you own or control the rights thereto and/or have received all necessary consents.
2.8.9 Interfere with or disrupt networks connected to the website or violate the
regulations, policies or procedures of such networks.
2.8.10 Attempt to gain unauthorised access to the website, other accounts,
computer systems or networks connected to the website, through password mining or any other
means.
2.8.11 Interfere with another user's use and enjoyment of the website or another
individual's or entity's use and enjoyment of similar services.
3. TERMS OF USE
The user agrees that:
3.1 Use of the information service is at the user's sole risk. Neither sport.co.za nor
any of it’s information providers, licensors, suppliers, employees, agents, or Internet Service
Providers ("the suppliers"):
3.1.1 guarantee that the information service will be uninterrupted, error-free,
accurate or correct;
3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential
damages arising out of the use of the information service or inability to use the service or out
of any breach of this agreement.
3.2 The user shall not add to the information service any material that violates the
intellectual property rights of any other person.
3.3 The user shall not upload, post or otherwise publish on or over the information
service, and not seek on or over the service, any software, file, information, communication or
other content:
3.3.1 which violates or infringes upon the rights of any other;
3.3.2 which, under the circumstances and in sport.co.za’s sole discretion, is, or is
likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading,
abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the
countries in which the information service may be accessed;
3.3.3 which is unsuitable for children and minors;
3.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any
person or legal persons;
3.3.5 which detrimentally affects the information service or sport.co.za in any way
whatsoever;
3.3.6 which contains any virus or any other attribute that may cause a corruption of
data;
3.3.7 which, without the approval of sport.co.za, contains any advertising, promotion or
solicitation of goods or services for commercial purposes.
3.4 The sport.co.za website may produce automated search results or otherwise link you
to other websites on the Internet. These websites may contain information or material that some
people may find inappropriate or offensive. These other websites are not under the control of
sport.co.za and the user acknowledges that sport.co.za is not responsible for the accuracy, copyright
compliance, legality or decency of any other aspect or the content of such websites. The
inclusion of such a link does not imply endorsement of the website by sport.co.za or any
association with it’s operators.
3.5 sport.co.za does not make any warranty or representation that information and
products advertised on the website are appropriate for use in any jurisdiction. By accessing the
website, you warrant and represent to sport.co.za that you are legally entitled to do so and to
make use of information and services available via the website.
4. DISCLAIMER AND INDEMNITY
4.1 In no event shall sport.co.za and/or it’s suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages whatsoever
including, without limitation, damages for loss of use, data or profits, arising out of or in any
way connected with the use or performance of the website, with the delay or inability to use the
website, the provision of or failure to provide services, or for any information, software,
products, services and related graphics obtained through the website, or otherwise arising out of
the use of the website, whether based on contract, tort, negligence, strict liability or
otherwise, even if sport.co.za or any of it’s suppliers has been advised of the possibility of
damages. Because some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you. If you are
dissatisfied with any portion of the service, or with any of these terms and conditions of use,
your sole and exclusive remedy is to discontinue using the website.
4.2 You agree to indemnify and hold sport.co.za, it’s parent companies, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or
conduct on the website or any breach of these terms and conditions by the user.
4.3 The information service is distributed in good faith without any warranties
either express or implied, including any implied warranties of the merchantability,
non-infringement of third party rights, freedom from viruses or other harmful code or fitness for
a particular purpose. sport.co.za does not warrant that the use or the results of the use of the
website or the materials made available as part of the website will be correct, accurate, timely,
or otherwise reliable.
4.4 The user acknowledges that sport.co.za will not be required to edit or review for
accuracy or appropriateness any content within the service.
4.5 sport.co.za reserves the right at any time to change or discontinue without notice,
any aspect or feature of the website and any information, data and/or content on the website.
4.6 The user waives any claim which the user may have against sport.co.za, it’s
subsidiaries and other affiliated companies and their employees, contractors and officers in
respect of any selection of, or retention of, or the acts or omissions of, third parties in
connection with the information service.
4.7 You specifically agree that sport.co.za shall not be responsible for unauthorised
access to or alteration of your transmissions or data, any material or data sent or received or
not sent or received, or any transactions entered into through the website. You specifically
agree that sport.co.za is not responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any infringement of another's
rights, including intellectual property rights.
4.8 Any dealings with Advertisers on the information service or participation in
promotions, including the delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with such dealings or promotions, are
solely between you and the Advertiser or other third party. sport.co.za shall not be responsible or
liable for any part of any such dealings or promotions.
4.9 The sport.co.za website is available on the World Wide Web (“WWW”) for any user
with access to the WWW to view, “as is” and has not been compiled or designed to meet each user’s
individual requirements. sport.co.za will not be held responsible for any inconvenience, loss or
damage that a user may suffer as a result of failure to meet such requirements.
5. VIEWS EXPRESSED
5.1 The views and opinions expressed on the sport.co.za website are not necessarily
those of sport.co.za and sport.co.za cannot be held responsible for such views expressed or such
content submitted by third parties or MBA schools.
5.2 sport.co.za shall have the right in it’s sole discretion to edit, refuse to post or
remove any material submitted to or posted on sport.co.za. Without limiting the foregoing,
sport.co.za shall have the right to remove any material that sport.co.za, in it’s sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable.
6. TERMINATION
6.1 sport.co.za may terminate access to any part or all of the website and any related
service(s) at any time, with or without cause, with or without notice, effective immediately, for
any reason whatsoever.
7. VERIFICATION
7.1 You agree that all instructions, consents, orders and any other communications
which purport to originate from you or a person who had authority to act on your behalf in
respect of such communication or an information system programmed by or on your behalf to operate
automatically (unless it is proved that such information system did not properly execute such
programming) (collectively "the originator") and which are sent to sport.co.za electronically and
which may (as a result of interception, equipment malfunction, the distortion of communication
links or any other reason whatsoever) be different from the instructions actually sent or given,
or may not have been given by you at all, shall be deemed to have been given by the originator in
the form actually received by sport.co.za and you will be bound by such instruction with no
liability of whatever nature attaching to sport.co.za in regard thereto.
7.2 You waive any rights you may have or obtain against sport.co.za arising directly or
indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the
fact that sport.co.za acts on your instructions/orders or instructions/orders purported to emanate
from you and you indemnify sport.co.za against all and any claims, liabilities, losses, costs,
fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result
of the fact that sport.co.za has acted on your instructions/orders or instructions/orders which
purport to emanate from you.
8. MONITORING
8.1 sport.co.za shall have the right, but not the obligation, to monitor the content of
sport.co.za, including chat rooms and forums, to determine compliance with the Terms and Conditions
of Use and any operating rules established by sport.co.za and to satisfy any law, regulation, legal
process or authorised government request.
9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
9.1 All the contents on the sport.co.za website, including any and all text, graphics,
music, sounds, video, terms, icons, hyperlinks, private information, designs, trademarks,
software, data and databases is the intellectual property of sport.co.za and/or it's content partners and is protected by local
and international law dealing with copyright and intellectual property rights. Accordingly, any
unauthorised copying, reproduction, retransmission, distribution, dissemination, sale,
publication, broadcast or other circulation or exploitation of such material or any component
thereof will constitute an infringement of such copyright and other intellectual property rights.
Nothing contained on this website should be construed as granting any licence or right to use any
trademark without the prior written permission of sport.co.za.
9.2 The user or designated user who places or has placed software, a file,
information, communication or other content on, in, over or through the accessible areas of the
service grants to sport.co.za or assignees an exclusive, paid-up, perpetual and worldwide right to
copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in
connection with sport.co.za business or the business of sport.co.za assignees such software, files,
information, communications and other content, regardless of the medium, technology or form
utilised by sport.co.za in the exercise of this grant.
9.3 No person, business or website may frame the sport.co.za website or any of the
pages on the website in any way whatsoever without the permission in writing of sport.co.za.
10. EXTERNAL LINKS
10.1 External links may be provided for your convenience, but they are beyond the
control of sport.co.za and no representation is made as to their content. Use or reliance on any
external links provided is at your own risk. When visiting external links you must refer to that
external Terms and Conditions of Use. No hypertext links shall be created from any website
controlled by you or otherwise to this website without the express prior written permission of
sport.co.za.
11. SECURITY AND UNLAWFUL USE
11.1 Any legal person that delivers or attempts to deliver any damaging code to the
sport.co.za website, to gain unauthorised access to any page on the website, to tamper with any of
the contents or pages that constitutes the website or duplicate such pages or content without the
express permission of sport.co.za shall be prosecuted to the full extent of the law, and civil
damages may be claimed in the event that sport.co.za suffers any damage or loss as a result of such
actions.
11.2 The user may not circumvent user authentication or security of any host, network,
or account (referred to as "cracking" or "hacking"), nor interfere with service to any user,
host, or network (referred to as "denial of service attacks").
11.3 Violations of system or network security by the user are prohibited, and may
result in civil or criminal liability. sport.co.za will investigate incidents involving such
violations and will involve and will co-operate with law enforcement officials if a criminal
violation is suspected. Examples of system or network security violations include, without
limitation, the following:
11.3.1 Unauthorised access to or use of data, systems or networks, including any attempt
to probe, scan or test the vulnerability of any system or network or to breach security or
authentication measures without the express authorisation of sport.co.za.
11.3.2 Unauthorised monitoring of data or traffic on the network or systems without
express authorisation of sport.co.za.
11.3.3 Interference with service to any user, host or network including, without
limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast
attacks.
11.3.4 Forging of any TCP-IP packet header (spoofing) or any part of the header
information in an email or a newsgroup posting.
11.3.5 You are prohibited from making use of our website to make fraudulent offers to
sell or buy products, items, or services or to offer or solicit for any type of financial scam
such as "pyramid schemes" and "chain letters".
12. PRIVACY
12.1 All personal information obtained by sport.co.za by virtue of your use of this
website is protected as set out in our Privacy Policy.
12.2 sport.co.za will be entitled in it’s sole discretion and without notice to provide
user information and records to the courts, law enforcement agencies, others involved in
prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal
or to violate or threaten rights of any person or entity, and to maintain and use internally such
information and records.
12.3 sport.co.za may also provide online and e-mail communications to the user on
matters pertaining to the information service, it’s features, it’s sponsors, or it’s use without
compensation to the user, but shall do so reasonably and in good faith.
12.4 The user acknowledges:
12.4.1 that communications within the information service may be monitored or reviewed
for quality control and other reasonable business purposes;
12.4.2 that advertising and promotion may occur on the information service and that the
user shall not have any claim with respect to any proceeds from such activities.
12.4.3 The use of the user information and the disposal or dissemination thereof shall
not constitute invasion of privacy by sport.co.za.
13. COMPLIANCE WITH SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF
2002 ("ECT ACT").
In compliance with section 43(1) of the ECT Act, please note the following:
13.1 full name: sport.co.za;
13.3 telefax number: +27 11 680 0714;
13.4 telephone number: + 27 11 680 0714;
13.5 website address: http://www.sport.co.za;
14. ADDRESS FOR SERVICE
14.1 The address for service for all purposes relating to these terms and conditions
of use including the giving of any notice, the payment of any sum, the serving of any process, is
the address set out in 13.2 and telefax number set out in 13.3.
14.2 sport.co.za shall be entitled from time to time, to vary it’s postal address for
service to any other postal address within the Republic of South Africa, and to vary it’s
facsimile address for service to any other facsimile number.
15. GENERAL
15.1 This agreement constitutes the sole agreement between the parties. sport.co.za
shall not be bound by any express or implied term, representation, warranty, promise or the like
not recorded herein. No addition to, variation of or agreed cancellation of this agreement shall
be of any force or effect unless recorded in writing and accepted by sport.co.za in writing. These
terms and conditions supersede and replace all prior commitments, undertakings or
representations, whether written or oral, between you and sport.co.za in respect of the subject
matter hereof. No indulgence or extension of time which either you or sport.co.za may grant to the
other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing
or future rights of the grantor in terms hereof, save in the event or to the extent that the
grantor has signed a written document expressly waiving or limiting such rights.
15.2 sport.co.za shall be entitled to cede, assign and delegate all or any of it’s
rights and obligations in terms of these terms and conditions.
15.3 All provisions of these terms and conditions are, notwithstanding the manner in
which they have been grouped together or linked grammatically, severable from each other. Any
provision of these terms and conditions which is or becomes unenforceable in any jurisdiction,
whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever,
shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated
as pro non scripto and the remaining provisions of these terms and conditions shall remain in
full force and effect.
16. FORCE MAJEURE
16.1 sport.co.za shall not be held responsible for any failure on the website, the cause
of which is as a result of industrial action, flood, fire, riots, civil disturbance, Telkom
circuit failure, routine maintenance work, conditions where errant software code or viruses
within applications, services or operating systems adversely effects normal server operation or
for any other reason, beyond the reasonable control of sport.co.za.
17. GOVERNING LAW AND JURISDICTION
17.1 This Terms and Conditions of Use Agreement is governed by the laws of the
Republic of South Africa. The sport.co.za website is controlled and operated by sport.co.za, a legal
entity incorporated in terms of the laws of the Republic of South Africa and therefore South
African law and the jurisdiction of the South African Courts shall govern any action or claim
that may arise from the use or inability to use this website.
©2005. All rights reserved. sport.co.za is a wholly owned subsidiary of SURREAL.
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