| These conditions become effective when you access the site for the first time and constitute a binding agreement between us; Zwartkops Raceway (PTY) LTD. and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this site. |
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| Our online products and services (online services) are subject to registration procedures and approvals, which we may accept or reject at our sole discretion. |
| These online services are governed by separate terms and conditions (service terms) that are available on the relevant sections of this site where the online services are provided. In the event of conflict between these conditions and the service terms, the provisions of the service terms will apply. |
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| Our commitment to your privacy and the security of your personal information is outlined in our privacy and security statement. |
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| We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it. |
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| By registering on the Zwartkops website you agree to receive Newsletters and email notifications. If you do not wish to receive email notifications or Newsletters please DO NOT register on the Zwartkops website. There are also appropriate sections within which you may control which newsletters and notifications you receive. |
| You further agree not to submit our domain to any Spam Filter organisation or report us to your ISP (Internet Service Provider) for Spam. |
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| This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinised or endorsed the owners or administrators of the websites or their business or security practices and operations. |
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| Software, if any, made available for download on or via our site is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software. |
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| NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS SITE ARE FREE OF VIRUSES, TROJANS, BOMBS, TIME-LOCKS OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR COMPUTER, DATABASE, NETWORK OR OTHER INFORMATION SYSTEM. |
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| Information transmitted via an unsecured link over the Internet, including email, is susceptible to potential unlawful access, distortion or monitoring. The measures we have taken to limit these risks are outlined in our privacy and security statement. As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result. To limit these risks, we may request independent verification of any information transmitted by you via the site or email from time to time. |
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| We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site. |
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| We do not warrant that the site or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. |
| We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy. |
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| ALTHOUGH WE HAVE TAKEN CARE TO ENSURE THAT THE CONTENT ON THIS SITE IS ACCURATE AND THAT YOU SUFFER NO LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THIS SITE, THIS SITE AND THE ONLINE SERVICES ARE PROVIDED "AS IS". |
| USE OF THIS SITE AND THE ONLINE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR THE RISK OR LOSS RESULTING FROM YOUR USE OF THIS SITE AND YOUR RELIANCE ON THE MATERIAL AND INFORMATION CONTAINED ON IT. |
| WE AND OUR AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF THIS SITE OR THE ONLINE SERVICES OR THE INFORMATION CONTAINED ON THIS SITE OR YOUR INABILITY TO USE THIS SITE OR THE ONLINE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE AND REGARDLESS OF WHETHER WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. |
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- ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF THE SITE OR ONLINE SERVICES, OUR SYSTEM, DATABASES OR ANY OF ITS COMPONENTS, FOR WHATEVER REASON;
- ANY LOSS OR DAMAGE WITH REGARD TO DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION OF OUR SYSTEM, THIRD PARTY SYSTEMS, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES OR DESTRUCTIVE CODE ON OUR SYSTEM OR THIRD PARTY SYSTEMS; PROGRAMMING DEFECTS; NEGLIGENCE ON OUR PART OR CAUSED BY THE YEAR 2000 COMPUTER PROBLEM;
- ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SYSTEMS SUCH AS THE PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS (CURRENTLY TELKOM), INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS (CURRENTLY ESKOM), LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES;
- ANY EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.
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| Subject to the relevant service terms, all disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration. |
| That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation. |
| Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration. |
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| A certificate signed by us will constitute prima facie proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date. |
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| The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions. |
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| We may amend these conditions from time to time. By accessing this site you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site. |
| A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions. |
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| The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions. |
| Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours(+2) shall be used. |
| No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take subsequent action against you. |
| If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law. |
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| If you have any questions or do not understand anything in these conditions please email us…(at) zwartkops.co.za and we will respond to you as soon as possible. Our contact details can also be found on the Contact Us page. |
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