16.1 413 Racing respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
16.2 Should you decide to ask for a quote on our Website, we may require you to provide us with personal information which includes but is not limited to –
a) your name and surname;
b) your email address;
c) your physical address;
d) your mobile number; and
16.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
16.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
16.5 Subject to clause 16.6 below, we will not, without your express consent:
16.5.1 use your personal information for any purpose other than as set out below:
a) in relation to the ordering, sale and delivery of Goods;
b) to improve our product selection and your experience on our Website.
16.5.2 disclose your personal information to any third party other than as set out below:
a) to our employees who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
b) to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
c) to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
d) to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
16.5.3 413 Racing are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, 413 Racing is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
16.6 413 Racing will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
16.6.1 413 Racing will –
a) treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
b) take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
c) promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
d) provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
e) upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
16.7 413 Racing will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
16.8 413 Racing undertake never to sell or make your personal information available to any third party other than as provided for in this policy.
16.9 Whilst 413 Racing will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
17.1 413 Racing may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
17.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
18. ELECTRONIC COMMUNICATIONS
19. OWNERSHIP AND COPYRIGHT
19.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of 413 Racing, its advertisers and/or sponsors and/or is licensed to 413 Racing.
19.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
19.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our email address.
19.4 Where any of the Website Content has been licensed to 413 Racing or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
20.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
20.2 Whilst 413 Racing takes reasonable measures to ensure that the content of the Website is accurate and complete, 413 Racing makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by 413 Racing’s representatives, 413 Racing shall not be bound thereby.
20.3 413 Racing disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
20.4 Any views or statements made or expressed on the Website are not necessarily the views of 413 Racing, its directors, employees and/or agents.
20.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, 413 Racing also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of 413 Racing, its employees, agents or authorized representatives. 413 Racing thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
21. LIMITATION OF LIABILITY
21.1 413 Racing cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of 413 Racing, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our email address.
21.2 413 Racing shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website. You hereby indemnify 413 Racing against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website.
22.1 If either Party breaches a term of this Agreement and fails to remedy that breach within 14 (fourteen) days of receipt of written notice from any other Party calling for the breach to be remedied, then that Party shall be entitled, without prejudice to any other rights that it may have, whether under this Agreement or in law, to cancel this Agreement without notice or to claim immediate specific performance of all the defaulting Party’s obligations, whether or not due for performance, in either event without prejudice to the aggrieved Party’s right to claim damages.
23. AVAILABILITY AND TERMINATION
23.1 413 Racing will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
23.2 413 Racing may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that 413 Racing will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
23.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
23.4 413 Racing is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and 413 Racing, in whole or in part, on notice to you. 413 Racing shall only be liable to refund monies already paid by, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
23.5 At any time, you can choose to stop using the Website, with or without notice to 413 Racing.
24.1 413 Racing hereby selects the understated address as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). 413 Racing may change this address from time to time by updating these Terms and Conditions.
24.2 For the purposes of the ECT Act, 413 Racing’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the
a) Full name: ………..(Pty) Ltd, a private company registered in South Africa with registration number
b) Physical Address: 34 van Rooyen Street, Utrecht, KZN
c) Postal Address: P.O Box 327, Utrecht, 2980
d) Fax: 034 331 3021
e) Telephone: 034 331 3021
f) E-mail address: firstname.lastname@example.org
24.3 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving 413 Racing not less than 7 days’ notice in writing.
24.4 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
a) by hand will be deemed to have been received on the date of delivery;
b) by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
c) by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
d) by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
25.1 If you have a complaint about the goods or services provided by 413 Racing or require information regarding our internal complaints-handling process, please get in touch with us via our email address.
25.2 If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: email@example.com
26. GOVERNING LAW AND JURISDICTION
26.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
26.2 In the event of any dispute arising between you and 413 Racing, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Pietermaritzburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
26.3 Nothing in this clause 26 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
27.1 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation;
27.2 Unless the context clearly indicates a contrary intention, any word connoting:
a) Any gender includes the other two genders;
b) The singular includes the plural and vice versa;
c) Natural persons include artificial persons and vice versa;
d) Insolvency includes provisional or final sequestration, liquidation or judicial management.
27.3 When any number of days is prescribed such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday, or a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding business day;
27.4 A reference to an enactment is a reference to that enactment as at the date of acceptance hereof and as amended or re-enacted from time to time;
27.5 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement;
27.6 The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned;
27.7 Where any term is defined within the context of any particular clause in this Agreement, then, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, the term so defined shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in the definition clause.
28.1 413 Racing may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
28.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
28.3 Any failure on the part of you or 413 Racing to enforce any right in terms hereof shall not constitute a waiver of that right.
28.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
28.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
28.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
28.7 These Terms and Conditions contain the whole agreement between you and 413 Racing and no other warranty or undertaking is valid, unless contained in this document between the parties.
29. FORCE MAJEURE
In the event of a force majeure event, specifically circumstances beyond the control of the Parties/Party, including but not limited to: acts of God, war, civil war, sabotage, acts of terrorism, government sanction, epidemics, import or export relation or order, labour disputes, failure in transportation equipment, machinery or personnel or in the provision of any utility including power, or communications service, neither Party shall be liable for any breach hereof.