Terms & Conditions
Version 1.0
Date: 2 February 2008
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.
1 Definitions
1.1 "Account" means the information held by Africa Soccer relating to a particular Client, including details of monies paid to Africa Soccer by or on behalf of the Client, billing and transaction records, personal contact details, information relating to Properties listed on the Website by the Client, correspondence between Clients, and any other information provided to Africa Soccer by the Client, its employees, officers or agents, and reference to a Client Account shall include reference to all rights held by the Client under this Agreement.
1.4 "Client" means any person, natural or juristic, who has entered into an agreement for the provision of the Facility in terms hereof. In the case of a juristic person, reference to "Client" shall include the employees, officers and agents of that juristic person and all parties described in the agreements set out in clause 1.3.
1.5 "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002.
1.6 "Facility" means the provision by Africa Soccer to the Client of a system accessed through the Website which amongst other actions allows parties to:
1.6.1 upload images or video clips to the site,
1.6.2 download such images or video clips from the site,
1.6.3 register as a service provider on the site, or
1.6.4 obtain the services of a service provider through the site.
As are more fully described in the agreements set out in clause 1.3.
1.7 “User” means any person accessing any part of the Website. A Client is also a User.
1.8 "Website" means the Internet World Wide website at URL "http://www.africasoccer.co.za".
2 Owner information
The following are the details of the Website owner. Please submit any query in respect of these Terms & Conditions or the use of this Website to us using one of these contact methods.
Website owner: Soccer Africa Productions cc, Registration number CK2006/163148/23, a close corporation incorporated under the laws of the Republic of South Africa.
Registered Address: 12 Francis Road, Pinelands, 7405, South Africa
Tel: 021 4386875
Fax: 088 021 4386875
E-mail: info@africasoccer.co.za
Physical Address: A2 Ridgemont, 4 Horak Avenue, Camps Bay, 8005, South Africa.
(This is the address at which any legal papers should be served)
Postal Address: A2 Ridgemont, 4 Horak Avenue, Camps Bay, 8005, South Africa.
3 Disclaimers
3.1 This entire Website, including text, images, links, downloads and coding, is provided "as is" and "as available". The Website owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Website or the information contained in it.
3.2 While we take all reasonable security precautions, 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.
3.3 We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.
5 Copyright and Intellectual Property protection
Copyright in all information, images, source codes and other original material contained in this Website which is not attributed to a third party, is owned by the Website owner. THE WEBSITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS IN THIS REGARD.
6 Hyperlinks, deep links, advertising, framing, searching
6.1 The express permission in writing of the Website owner is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this site alerts users to the application of these terms and conditions. Requests for permission can be emailed to info@africasoccer.co.za.
6.2 Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
6.3 Hyperlinks and/or advertisements contained on this Website and directed towards other Websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This Website in no manner controls or edits the content of sites or pages linked to.
Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
6.4 The express permission in writing of the Website 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 emailed to info@africasoccer.co.za.
6.5 Automated Website search methods using for example “web-crawlers” or “web-spiders” may be used on the Website on the condition that use of such methods does not interfere with the operation of the Website, or lead to an infringement of copyright held by the Website Owner or a third party.
7 No offer
8 Standard Terms
An application by a User for the opening of an Account with us, whether online or otherwise, will constitute an offer to enter into an agreement for the provision of the Facility, and the opening of such an Account by us, whether such Account is opened by an electronic agent (as contemplated in section 20 (a) of the ECT Act) or otherwise, shall constitute acceptance of this offer by us. The contract so concluded shall be governed by the terms set out in this Agreement.
9 Provision of Service
Africa Soccer agrees to allow the Client access to the Facility. The Client agrees to make use of the Facility on the terms set out in this agreement.
10 Duties of the Client
10.1 The Client undertakes not to make use of the Facility in the commission of any unlawful activity, or in a way which is likely to be defamatory or cause offense.
10.2 The Client undertakes not to divulge its username or password to any other person.
10.3 The Client undertakes not to impersonate any other person in dealing with Africa Soccer, and particularly to abstain from accessing the Website using a username and password corresponding to another Client.
10.4 The Client warrants that all information furnished to Africa Soccer relating to the Client is correct.
10.5 Notwithstanding the provisions of clause 4, the Client indemnifies and holds harmless Africa Soccer against any action resulting from any use of the Facility which does not comply with the provisions of this clause.
11 Use of Client Data
Information regarding the manner in which Africa Soccer respects the privacy of Clients' personal information is contained in the Privacy Policy, the provisions of which are incorporated into this agreement.
12 No Agency
This agreement does not give rise to a relationship of Principal and Agent between the Client and Africa Soccer.
13 Payment
13.1 Payments by the Client shall be made free of exchange and shall be refundable in terms of the refund policy.
13.2 All transactions will be processed in South African Rands (ZAR).
13.3 No payments will be effected through the website. We will supply our banking details should you wish to make payment via EFT or International Money Transfer.
13.4 See the agreements listed in clause 1.3 for refunds policies.
13.5 Africa Soccer shall on request furnish the Client with statements of account for a period up to 12 (twelve) months from the date of a particular transaction.
14 Operation of Account
14.1 The Client shall have access to its Account through the Website by means of a username and password. Access to the account will allow the Client to make use of the Facility, and make changes to certain classes of information held by Africa Soccer as Africa Soccer may determine from time to time.
14.2 Juristic persons are encouraged to open accounts using the details of the juristic person rather than that of the employee, officer or agent acting on behalf of the juristic person.
14.4 Should the Client forget his username or password, Africa Soccer shall be obliged only to take such steps as it regards as being secure to ensure that the user re-gains access to his Account.
14.5 In the event of a dispute as to the party which has the right to operate an account, Africa Soccer may:
14.5.1 Deny access to the Account pending the outcome of the dispute to its satisfaction, and / or
14.5.2 Transfer the Account to the party claiming a right to it if Africa Soccer is satisfied that a relationship as set out in clause 14.3 above exists between the Client and that other party.
14.6 Notwithstanding the provisions of clause 4, the Client agrees to indemnify and hold harmless Africa Soccer etc from any action arising from the transfer of the Client's account to another, or from the access to the Client's Account by another.
15 Changes and Amendments
Africa Soccer reserves the right to amend the terms of this agreement at any time and without notice to the Client. The Client is advised to regularly appraise itself of the terms of this agreement, the most recent version of which will be available on the Website. Please refer to the last version and revision date at the top of this agreement.
16 Termination & Breach
16.2 Notwithstanding the provisions of clause 16.1, Should either party fail to comply with any of its obligations or commit a breach of this Agreement and fail to remedy such default or breach within 7 (seven) days after having received a written notice to do so, or be placed in provisional or final liquidation or sequestration, or judicial management, or enter into any compromise arrangements with its creditors, or fail to satisfy a judgment taken against it within ten (10) days, the other party shall be entitled either:
16.2.1 to hold the party in breach to the Agreement; or
16.2.2 to cancel the Agreement.
16.3 The provisions of this clause will not affect the rights of the parties to claim damages in respect of a breach of any of the provisions of this Agreement.
17 Advertising and sponsorship
17.1 This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
17.2 The Website 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.
18 Monitoring and interception of data messages
In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, the Website owner may monitor and/or intercept electronic communications such as e-mail which are sent to this Website. 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.
19.1 Data messages, including e-mail messages, sent by users to the Website owner shall be deemed to be received only when acknowledged or responded to.
19.2 A data message sent by the Website 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.
19.3 The Website 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.
19.4 The user agrees that data messages sent to this Website will not be regarded as confidential unless otherwise agreed.
20 Law Governing this Agreement
20.1 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 the Republic of South Africa.
20.2 This Website is owned and maintained within the Republic of South Africa.
21 Disputes
21.1 Any dispute between Africa Soccer and the User arising out of or in connection with the User's visit to the Website or from this Agreement shall be submitted to confidential arbitration. Such arbitration shall be held in Cape Town (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The arbitration shall be conducted according to the UNCITRAL Arbitrating Rules. The Arbitration Foundation of South Africa shall act as the appointing authority.
21.2 The aforegoing shall not restrict the right of Africa Soccer to apply to a competent court for relief should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Cape Division of the High Court of South Africa for such purposes.
22 Force Majeure
23 General
23.1 This document contains the entire agreement between the parties.
23.2 The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
23.3 No party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this document.
23.4 The failure by any party to enforce any provision of this agreement shall not affect in any way that party's right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision.
23.5 No variation, addition to or cancellation of this agreement and no waiver of any right under this agreement shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties to this agreement.
23.6 In the event of any part of this Agreement being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.
23.7 In this agreement, unless the context requires otherwise: - words importing any one gender shall include the other gender; the singular shall include the plural and vice versa; a reference to natural persons shall include created entities (corporate or unincorporate) and vice versa; headings have been inserted for convenience only and shall not be used for nor assist or affect its interpretation; where a clause number is cited, it shall be deemed to include all subclauses of that numbered clause.
prepared by nicciferguson inc. © 2008