TERMS AND CONDITIONS
Updated 11 December 2004
a. Copyright 2004 © Jabunga, 14 Gladstone Road, Pietermaritzburg, 3201, Kwa-Zulu Natal, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Chris Hide at +27 (0) 83 636 0872 or e-mail email@example.com
b. Users may download, view and print content from this site for private and non-commercial purposes only
c. All moral rights of Jabunga and its employees/agents are reserved
d. Jabunga cannot screen or edit all the content available from the kncu.co.za site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Jabunga of any content that may be offensive or illegal.
2. INTELLECTUAL PROPERTY RIGHTS
a. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Jabunga and as such are protected from infringement by local and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
a. When a user visits kncu.co.za or sends e-mails to Jabunga, that user consents to receiving communications from Jabunga electronically and agrees that all agreements, notices, disclosures and other communications sent by Jabunga satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
a. No person, business or web site may link to any page on this site without the prior written permission of Jabunga. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with Jabunga.
b. Hyperlinks provided on this site to non-Jabunga sites are provided as is and Jabunga does not necessarily agree with, edit or sponsor the content on such web pages.
a. No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
6. SPIDERS AND CRAWLERS
a. No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Jabunga. Such permission could be obtained from the person referred to in clause 1 hereof.
a. By using the web site you agree to indemnify Jabunga and its employees/agents from and against any claim, action, demand, settlement or liability resulting from, or alleged to result from your violation of these Terms and Conditions of Use.
a. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Jabunga nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Jabunga makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
b. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Jabunga that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
c. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Jabunga and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
d. All entries to races purchased from Jabunga are made pursuant to agreements with compliance to adhering to ICF and CSA rules.
e. Neither Jabunga nor any of its agents or representatives shall be liable for any death, injury, damage, loss or liability of whatsoever nature arising from competing in any event sold on this web site.
a. PRICES: Transaction Currency is ZAR
i. The price of each event is displayed with the event.
b. VALUE ADDED TAX:
i. Jabunga is not a registered VAT business.
a. South African Entrants
i. All entrants must be paid up Union members.
b. International Entrants
i. International entrants must apply as an International Entrant at least 72 hours before entries close.
ii. An International number may be allocated which will be communicated to the prospective entrant, after which they may enter as a local entrant.
c. All Entrants
i. It is the responsibility of the competitor to present themselves to the race organizers before an event for registration, boat inspection and/or batching prior to the respective event with proof of payment.
d. Delays and cancellations
e. Jabunga makes every effort to assure that the information supplied on the site is accurate. Where delays or cancellations occur, every effort will be made to inform the entrant.
11. PAYMENT METHODS
a. Credit card payments.
i. At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
ii. Payment is only collected when the order is completed and the entry is accepted.
iii. Note that to protect it's own and the interests of customers, Jabunga scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Jabunga is not satisfied with its legitimacy.
12. AGREEMENTS OF SALE
a. An agreement of sale between Jabunga and a user only comes into effect if and when:
i. A credit card authorization is received from the issuing bank; or
ii. Jabunga reserves the right to refuse to accept and/or execute an order without giving any reasons. Jabunga also reserves the right to cancel orders in whole or in part as circumstances dictate. Jabunga shall only be liable to refund monies already paid by the user.
b. Jabunga shall take all reasonable efforts to maintain correct prices. However, should errors occur and races are offered at incorrect prices, Jabunga will not be obliged to process entries at such incorrect prices and shall only be liable to refund monies paid.
c. Consumers can request a full record of the transaction that is maintained for a period of twelve months from the person referred to in clause 1 hereof.
a. No refunds are permitted unless well motivated to the person referred to in clause 1 and approved by the person in clause 1 and the KNCU administrator.
14. GOVERNING LAW
a. This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
a. Jabunga shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
b. Jabunga may electronically collect, store and use the following personal information of Users:
i. Name and surname
ii. Birth date
iv. Country of residence
v. Closest city
vi. Non-personal browsing habits and click patterns
vii. E-mail address;
viii. IP address.
c. Jabunga may collect, store and use the abovementioned information for the following purposes:
i. To greet the User when he/she accesses the Jabunga web site;
ii. Subject to the User's consent, inform the User of facts relating to his/her access and use of the website;
iii. Subject to the User's consent, inform the User about competitions and special offers from Jabunga and/or its partners / affiliates;
iv. To compile non-personal statistical information about browsing habits, click-patterns and access to the Jabunga web site.
d. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
e. The User may elect not to receive any communications from Jabunga.
f. Jabunga may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
i. Jabunga shall not disclose personal information from Users unless the User consents thereto;
ii. Jabunga shall disclose information without the User's consent only through due legal process; and
iii. Jabunga may compile, use and share any information that does not relate to any specific individual.
g. Jabunga owns and retains all rights to non-personal statistical information collected and compiled by Jabunga.
a. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Jabunga suffers any damage or loss.
b. The user allows Jabunga to take all reasonable steps to ensure the integrity and security of the kncu.co.za site and back-office applications.
c. All credit card transactions are Secure Socket Layers encrypted.
17. CHANGES TO AGREEMENT
a. Jabunga may, in its sole discretion, change this agreement or any part thereof at any time without notice.
a. Any disputes shall be resolved by the Kwa-Zulu Natal Canoe Union.
a. Jabunga chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 14 Gladstone Road, Pietermaritzburg, 3201, Kwa-Zulu Natal, South Africa.
20. TERMS AND TERMINATION
a. This agreement shall commence when the user enters an event on the kncu.co.za site and continues indefinitely until terminated by Jabunga in terms of clause 15 hereto or for any other reason.
21. GENERAL INFORMATION
22. Jabunga Entries Online is the trading name of Chris Hide, sole proprietor.
© Jabunga Entries Online 2004