SportsFan Terms & Conditions
1.2 In this agreement, where we use ‘Us’, ‘We’, of ‘SportsFan’ we mean Road Protect (Pty) Ltd trading as SportsFan and where we make reference to ‘you’, we mean you as the user of the SportsFan Platform (this includes the Website and Application/App).
1.3 The STC will be applicable to registered and non-registered users, unless stated otherwise.
2. Important Notice
2.1 These STC’s apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), where applicable.
2.2 These STC’s contain provisions that appear in similar text and style to this clause and which
2.2.1 may limit our risk or liability;
2.2.2 may create a risk or a liability for you; and/or
2.2.3 may compel you to indemnify SportsFan; and/or
2.2.4 serves as an acknowledgement, by you, of a fact.
2.3 You need to take special notice of these specific terms as they are important and should be carefully noted.
2.4 If there is any provision in these STC’s that you do not understand, it is your responsibility to ask SportsFan to explain it to you before you accept the Terms and Conditions or continue using the SportsFan Platform.
2.5 Nothing in these STC’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or SportsFan in terms of the CPA or any other act or applicable law.
2.6 SportsFan permits the use of the SportsFan Platform subject to these STC’s. By using the SportsFan Platform in any way, you shall be deemed to have accepted all the STC’s unconditionally. You must not use the SportsFan Platform if you do not agree to the STC’s.
3. Registration and use of the SportsFan Platform
3.1 To register as a you, you must provide a unique username and password and provide certain information and personal details to SportsFan. You will need to use your unique username and password to access the SportsFan Platform.
3.2 You agree and warrant that your username and password will:
3.2.1 be used for personal use only; and
3.2.2 not be disclosed by you to any third party.
3.3 For security purposes you agree to enter the correct username and password whenever using the SportsFan Platform, failing which you will be denied access.
3.4 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold SportsFan liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.
3.5 You agree to notify SportsFan immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.7 By using the SportsFan Platform you warrant that you are 16 (sixteen) years of age or older and of full legal capacity. If you are under the age of 16 (sixteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the SportsFan Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these STC’s and to be liable and responsible for you and all your obligations under these STC’s
3.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the SportsFan Platform, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the SportsFan Platform or the information contained therein, without the prior written consent from an authorised SportsFan representative.
3.9 You may not in any way display, publish, copy, print, post or otherwise use the SportsFan Platform and/or the information contained therein without the express prior written consent of an authorised SportsFan representative.
3.10 In using SportsFan, you will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
3.11 In using SportsFan, you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of SportsFan, is objectionable, or which may expose others to any harm.
3.12 In using SportsFan, you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
4. Consent to obtain personal information
4.1 You concede that, to provide the services offered on the SportsFan Platform, it may be necessary for SportsFan to obtain information of a personal nature, other than information you specifically provide during registration and the use of the SportsFan Platform.
5.1 Where we offer you facilities to make payments through the SportsFan Platform, we do so using a third-party service provider. It is your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment.
5.2 In addition to any other indemnity provided for in this agreement, you specifically indemnify us from any loss, damage or expense that you may incur by your use of the third-party payment system
5.3 Whenever you make payment using a credit card, you warrant that you are the owner of the credit card, alternatively that you have permission from the owner to use the credit card.
6.1 We do not warrant the accuracy or completeness of any third-party content used on the SportsFan Platform.
7. Changes to these STC’s
7.1 SportsFan may, in its sole discretion, change any of these STC’s at any time. It is your responsibility to regularly check these STC’s and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the SportsFan Platform and de-register as a you.
7.2 Any such change will only apply to your use of the SportsFan Platform after the change is displayed on the SportsFan Platform. If you use the SportsFan Platform after such amended STC’s have been displayed on the SportsFan Platform, you will be deemed to have accepted such changes.
8. Electronic communications
9. Ownership and copyright
9.1 The contents of the SportsFan Platform, 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 the For Keeps Platform (“SportsFan Platform Content”) are protected by law, including but not limited to copyright and trade mark law. The SportsFan Platform Content is the property of SportsFan, its advertisers and/or sponsors and/or is licensed to SportsFan.
9.2 You will not acquire any right, title or interest in or to the SportsFan Platform or the SportsFan Platform Content.
9.3 Any use, distribution or reproduction of the SportsFan Platform Content is prohibited unless expressly authorised in terms of these STC’s or otherwise provided for in law.
9.4 Where any of the SportsFan Platform Content has been licensed to SportsFan or belongs to any third party, your rights of use will also be subject to any STC’s which that licensor or third party imposes from time to time and you agree to comply with such third party STC’s.
10.1 The use of the SportsFan Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the SportsFan Platform or reliance on any information on the SportsFan Platform.
10.2 Whilst SportsFan takes reasonable measures to ensure that the content and functioning of the SportsFan Platform is accurate and complete, SportsFan makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the SportsFan Platform or as to the accuracy, completeness or reliability of any information on the SportsFan Platform. If any such representations or warranties are made by SportsFan’ representatives, SportsFan shall not be bound thereby.
10.3 SportsFan 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 SportsFan Platform and/or any content therein unless otherwise provided by law.
10.4 In addition to the disclaimers contained elsewhere in these STC’s, SportsFan also makes no warranty or representation, whether express or implied, that the information or files available on the SportsFan Platform 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, jeopardise 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, jeopardise, 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 wilful misconduct of SportsFan, its employees, agents or authorised representatives. SportsFan 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 SportsFan Platform.
11. Linking to third party Platforms
11.1 The SportsFan Platform may contain links or references to other Platforms (“Third Party Platforms”) which are outside of our control, including those of advertisers. These STC’s do not apply to those Third Party Platforms and SportsFan is not responsible for the practices and/or privacy policies of those Third Party Platforms or the “cookies” that those sites may use.
11.2 Notwithstanding the fact that the SportsFan Platform may refer to or provide links to Third Party Platforms, your use of such Third Party Platforms is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Platforms or your reliance on any information contained thereon.
12. Limitation of liability
12.1 SportsFan 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 SportsFan Platform or the content contained in the SportsFan Platform; or your inability to use the SportsFan Platform, and/or unlawful activity on the SportsFan Platform and/or any linked Third Party Platforms.
12.2 You hereby indemnify SportsFan against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the SportsFan Platform and/or any Third Party Platforms.
13. Availability and termination
13.1 We will use reasonable endeavours to maintain the availability of the SportsFan Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the SportsFan Platform or any part thereof with or without notice to you.
13.2 SportsFan may in its sole discretion terminate, suspend and modify the SportsFan Platform, with or without notice to you. You agree that SportsFan will not be liable to you if it chooses to suspend, modify or terminate the SportsFan Platform other than for processing any transactions made by you prior to such time, to the extent possible.
13.3 If you fail to comply with your obligations under these STC’s, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the SportsFan Platform without any prejudice to any claims for damages or otherwise that we may have against you.
13.4 At any time, you can choose to stop using the SportsFan Platform, with or without notice to SportsFan.
14. Governing law and jurisdiction
14.1 These STC’s and our relationship and/or any dispute arising from or in connection with these STC’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the SportsFan Platform 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 STC’s.
14.2 Nothing in this clause or the STC’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
15.1 For the purposes of the ECT Act, SportsFan’ information is as follows, which should be read in conjunction with its product descriptions and other STC’s contained on the SportsFan Platform:
15.1.1 Full name: Road Protect (Pty) Ltd, trading as SportsFan
15.1.2 Main business: SportsFan provides a digital platform for members to create, store and distribute digital messages and memories for life.
15.1.3 Physical address for receipt of legal service (also postal and street address): 66 Charterland Ave, Selcourt, Springs, South Africa.
15.1.4 Office bearers: Robert James Inglis
15.1.5 Phone number: 0861 001 008
15.1.6 Email address: email@example.com
15.1.7 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Platform.
16.1 SportsFan may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the SportsFan Platform or the your right to use the SportsFan Platform or any of its contents subject to us processing any orders then already made by you.
16.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these STC’s to any third party.
16.3 Any failure on the part of you or SportsFan to enforce any right in terms hereof shall not constitute a waiver of that right.
16.4 If any term or condition contained herein is declared invalid, the remaining STC’s will remain in full force and effect.
16.5 No variation, addition, deletion, or agreed cancellation of the STC’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
16.6 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.
16.7 These STC’s contain the whole agreement between you and SportsFan and no other warranty or undertaking is valid, unless contained in this document between the parties.