TERMS AND CONDITIONS
entered into between
SPORTSITE GLOBAL (REID No. GICO.117840-34) (“Company”)
and THE ADVERTISER and THE END USER
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
- INTERPRETATION AND PRELIMINARY
The headings of the clauses in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of these Terms and Conditions nor any clause hereof. Unless a contrary intention clearly appears:
1.1 Words importing:
1.1.1 any one gender include the other two genders;
1.1.2 the singular includes the plural and vice versa; and
1.1.3 natural persons include created entities (corporate or unincorporated) and the state and vice versa;
1.2 The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:
1.2.1 “Advertiser” means any natural or juristic person, including its employees, representatives or agents, which contracts with Sportsite to place adverts on the Website;
1.2.2 “Terms and Conditions” means this agreement and all annexures hereto, if any;
1.2.3 “API” means application programming interface which consists in a set of clearly defined methods of communication between various software components;
1.2.4 “Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa;
1.2.5 “Client” means the Advertiser and/or the End User;
1.2.6 “Cookies” means a small file placed on the Client’s device that enables Sportsite to inter alia recognize repeat users of the Website, tracks the Client's behaviour and activity on the Website, and display focused advertising to the Client;
1.2.7 “Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials submitted by a Client to the Website;
1.2.8 “End-User” means any user of the Website, who is not an Advertiser, specifically as “athlete” or a “fan”;
1.2.9 “Minimum Age” means 13 (thirteen) years old. However, if law requires that the Client must be older in order for the Company to lawfully provide the Services to them without parental consent (including using of your personal data) then the Minimum Age is such older age;
1.2.10 “Party” means either Sportsite or the Client or both, as the context may require;
1.2.11 “Personal Information” means the definition of Personal Information as contained in Section 1 the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time;
1.2.13 “Services” means the Website, Company-branded apps, Company learning and other related sites, apps, communications and other services, including the offsite collection of data for those Services, such as ads and plugins, if any;
1.1.14 “Sportsite” means SPORTSITE GLOBAL (REID No. GICO.117840-34) with registered address at Suite 2B, 143 Main Street, Gibraltar;
1.1.15 “Sportsite Content” means material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, video clips, logos trademarks, designs and service marks which appear on the Website and which is owned or licensed for use by Sportsite;
1.1.16 “Website” means the website accessed at www.sportsite.global as well as mobile applications which are owned and operated by Sportsite.
Sportsite is a social networking and online platform for sports people of all sporting disciplines. End-Users and Advertisers alike use the Website to connect with, and follow each other to share and consume information related to their chosen sporting discipline/s.
- REGISTRATION AND USE OF THE WEBSITE
3.1 By registering to use the Website and accepting these Terms and Conditions, the Client agrees, warrants and undertakes that:
3.1.1 The Client is older than 13 years oldhas reached the Minimum Age, failing which, the Client has the requisite parental or guardian permission to use the Website and its features;
3.1.3 All Content posted by the Client will be truthful. Notwithstanding the aforementioned, Sportsite does not confirm or warrant the authenticity or truthfulness or correctness of any Content on the Website;
3.1.4 All Content posted by the Client will not contain or promote hate speech, violence, nudity or partial nudity, discrimination of any kind, unlawful or illicit activity, pornography or sexually suggestive Content;
3.1.5 The Client is wholly responsible for any activity that occurs through the Client’s account and that the Client shall not sell, transfer, license or assign their account, fans, username, or any other account rights to any other person or entity;
3.1.6 The Website is not a data backup service. Clients are encouraged to ensure their Content is fully backed up outside of the Website’s servers;
3.1.7 The Client’s account has been created by the user himself/itself and not on behalf of the Client, its employer or clients;
3.1.8 All information and particulars furnished to Sportsite during the registration of the Client’s account will at all times be true, accurate, current and complete and that should it become necessary, the Client’s account will be updated to maintain the accuracy and truthfulness of the account;
3.1.9 The Client will not solicit, collect or use the login credentials of other Website End-Users.
3.1.10 The Client shall be solely responsible for ensuring the Client’s password is kept secret and secure and that the password is sufficiently strong;
3.1.11 The Client shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any other End-User, and will not post private or confidential information via the Website;
3.1.12 The Client shall be solely responsible for their conduct and any Content;
3.1.13 The Website shall not be used for any illegal or unauthorized purpose and that all laws, rules and regulations applicable to the use of the Website and the submission of Content shall be complied with;
3.1.14 The Client shall not create, change or alter another website or mobile application so as to create the false impression that it is associated with or endorsed by the Website or Sportsite;
3.1.15 Sportsite shall be entitled to place advertising and promotional Content on the Website;
3.1.16 The Client shall not access the Website’s API by means other than those permitted by Sportsite and the Website;
3.1.17 The Client shall not create, spread or disseminate unwanted email or online communications, comments, reactions or other forms of commercial or harassing communications to any Website users;
3.1.18 No domain names or web Uniform Resource Locator (URLs) will be used in the Client’s username without having obtained prior written consent from Sportsite;
3.1.19 The Client shall not interfere with or disrupt the Website, servers or networks connected to the Website, including but not limited to the transmission of any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
3.1.20 The Client shall l not inject Content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a End-User’s browser or device;
3.1.21 The Client shall not create accounts with the Website through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
3.1.22 The Client shall not attempt to restrict an End-User from using or enjoying the Website;
3.1.23 The Client shall not encourage or facilitate violations of these Terms and Conditions;
3.2 Any violations of these Terms and Conditions may, in Sportsite's sole discretion, result in the termination, suspension or deactivation of the Client’s account on the Website, without notice to the Client.
- OWNERSHIP AND INTELLECTUAL PROPERTY
4.1 Sportsite does not claim ownership over any Content posted on or submitted to the Website by the Client.
4.3 Sportsite Content is owned or licensed for use by Sportsite and is protected by copyright and trademark laws. The Client shall not acquire any right, title or interest in the Website or the Sportsite Content. By agreeing to these Terms and Conditions, the Client herby warrants and undertakes that they shall not imitate, copy or use, in whole or in part, any Content without the prior written consent of Sportsite.
5.2 All End-Users will be required to provide Sportsite with their Personal Information in order to create an accurate profile, and provide a verification method for user safety, which includes but is not limited to:-
5.2.1 name and surname;
5.2.2 email address;
5.2.3 physical address;
5.2.5 mobile number; and
5.2.6 date of birth.
5.3 The Client warrants and undertakes to inform Sportsite of any changes to their Personal Information as soon as is reasonably possible so that Sportsite may maintain updated Personal Information on all Clients.
5.4 The provisions of Section 51 of the Electronic Communications and Transactions Act, No. 25 of 2002 apply, as if specifically incorporated herein.
5.5 Sportsite warrants and undertakes that it shall:
5.5.1 Maintain the strict confidential nature of all personal information, subject to these Terms and Conditions;
5.5.2 Take appropriate technical and organizational measures in order to ensure that the Client’s Personal Information is kept secure and is protected against unauthorised or unlawful processing, access, disclosure, accidental loss, destruction, damage or alteration;
5.5.3 Notify the Client immediately, in writing, upon becoming aware of any unauthorised use, disclosure or processing of the Client’s Personal Information;
5.5.4 Upon reasonable notice and request, provide the Client with reasonable evidence of compliance with Sportsite’s obligations in terms of these Terms and Conditions;
5.5.5 At the request of the Client and within 30 (thirty) days of written request, destroy or return any of the Client’s Personal Information under Sportsites control except that which Sportsite shall be legally obliged to retain.
5.6 In order to ensure the integrity and confidentiality of a Client’s Personal Information, Sportsite warrants and undertakes that it shall:
5.6.1 Identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control;
5.6.2 Establish and maintain appropriate safeguards against the risks identified;
5.6.3 Regularly verify that the safeguards are effectively implemented; and
5.6.4 Ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
5.7 Sportsite warrants and undertakes that it shall not, without obtaining the Client’s express prior consent, utilise the Client’s Personal Information for any purposes other than:
5.7.1 if the Client is an Advertiser, in relation to the requesting, placement and payment of an advert;
5.7.2 to contact the Client in relation to new services offered by Sportsite or the Website and the provision of marketing or promotional material, unless the Client has expressly opted out from receiving marketing material from Sportsite and the Website;
5.7.3 to improve the Clients interaction with and experience on the Website.
5.8 Sportsite warrants and undertakes that it shall not, without obtaining the Client’s express prior consent, dispose of the Client’s Personal Information to any third party, other than as set out hereunder:
5.8.1 to Sportsite’s third party service providers who provide fraud prevention, marketing and technology services to Sportsite and who, under contract with Sportsite, are prohibited from utilising the Client’s Personal Information for any purpose other than the purpose for which it was provided;
5.8.2 to Sportsite’s employees, agents and service providers where such Personal Information may be required for effective and efficient communication between Sportsite, the Website and the Client;
5.8.3 upon or in contemplation of the sale, merger or change in control of Sportsite to a third party, subject to the provisions of these Terms and Conditions.
5.9 Notwithstanding the aforementioned, Sportsite shall be entitled to use or disclose the Client’s Personal Information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process with which Sportsite is ordered to comply.
- DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 Sportsite shall not be liable for modification, suspension or discontinuation of the Website or the loss of Content arising from whatsoever cause.
6.2 Use of the Website is entirely at the Client’s own risk. The Client assumes full responsibility for any risk or loss resulting from the use of the Website or any reliance upon Content hosted on the Website.
6.3 Sportsite makes no representations, warranties or undertakings, whether express or implied, as to the accuracy, truthfulness, quality, reliability, or integrity of the Website itself or of any Content on the Website.
6.4 Sportsite hereby disclaims liability for any damage, loss or expense, whether direct or indirect, arising out of or in connection with the use of the Website or reliance on the Content on the Website, sustained by the Client, or any other party.
6.5 The Client hereby indemnifies, waives all claims against and holds harmless Sportsite against any loss or damage, however so arising, suffered by the Client, as a result of disclosure of Personal Information to a third party.
6.6 Any views or statements made or expressed on the Website are not necessarily the views of Sportsite, its directors, employees or agents.
6.7 Sportsite does not warrant that the Website itself, or any Content available on the Website shall be free of worms, viruses, trojans, spyware, malware or any other code of a destructive or disruptive nature.
- ONLINE PAYMENT PROCESSING TERMS
7.1 Sportsite is a business in the mobile application, web application and social media industry that provides a platform for athletes to market themselves to organisations as well as “fans”.
7.2 Purchases are for digital advertising space, and subject to availability and receipt of payment.
7.3 Requests will be processed immediately, and delivery confirmed by way of automated receipt.
7.4 The provision of goods and services by Sportsite is subject to availability. In cases of unavailability, Sportsite will refund the Client in full within 30 (thirty) days of receipt of written request. Cancellation of orders by the Client will attract a 10% (ten percent) administration fee. Notwithstanding the aforementioned, Advertisers who place adverts on the Website warrant and undertake that no refund may be claimed from Sportsite. Advertisers will pre-approve each adverts reach before proceedings to payment.
7.6 Payment may be made via Visa, MasterCard and PayPal when the advertising feature becomes live.
7.7 Card transactions will be acquired for Sportsite via Braintree. Users may go to www.braintree.com to view their security certificate and security policy.
7.8 Customer details will be stored by Sportsite separately from card details. For more detail on Braintree refer to www.braintree.com
7.9 The merchant outlet country at the time of presenting payment options to the cardholder is Gibraltar Transaction currency in United States Dollars (USD).
7.10 Sportsite takes responsibility for all aspects relating to the transaction including sale of digital advertising space sold on this Website, customer service and support, dispute resolution and delivery of goods.
7.11 The Website is governed by the laws of South Africa and Sportsite chooses as its domicilium citandi et executandi for all purposes hereof, whether in respect of court process, notice, or other documents or communication of whatsoever nature, at 21 Wallflower Street, Paarden Eiland, 7441, Western Cape.
7.12 Sportsite may, in its sole discretion, change these Terms and Conditions or any part thereof at any time without notice.
7.13 The Website is run by SPORTSITE GLOBAL (REID No. GICO.117840-34) based in Gibraltar, trading as Sportsite, with Registration Number SPORTSITE GLOBAL (REID No. GICO.117840-34).
7.14 Sportsites registered and physical address is Suite 2B, 143 Main Street, Gibraltar; and is contactable via email at email@example.com and telephonically at +27 21 510 0552.
8.1 Sportsite may, in its sole discretion, at any time and for any reason and without prior written notice to the Client, suspend, deactivate or terminate the operation of the Website or the Client’s use of and access to the Website.
8.2 Upon suspension, deactivation, suspension or termination of the Website or the Client’s use of the Website, all Content submitted by the Client will cease to be available to the Client; however, such Content may continue to exist on the Website by virtue of having been shared by other Clients.
8.3 Upon suspension, deactivation or termination of the Website all licenses and other rights granted to the Client in terms of these Terms and Conditions shall immediately lapse.
8.4 Sportsite may, in its sole discretion, at any time and for any reason and without prior written notice to the Client force forfeiture of a Client’s username.
8.5 Sportsite may, in its sole discretion, at any time and for any reason and without prior written notice to the Client, but without an obligation to do so, remove, edit, block or monitor Content or a Client’s account.
8.6 The Client shall be responsible for all data charges incurred through the use of the Website.
8.7 These Terms and Conditions constitutes the whole agreement between the Parties relating to the subject matter hereof.
8.8 Subject to the Company’s rights contained herein, no variation, amendment or consensual cancellation of These terms and Conditions or any provision or term thereof or any agreement or other document issued or executed in terms of these Terms and Conditions and no settlement of any disputes arising under these Terms and Conditions and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of these Terms and Conditions or other document issued in terms of these Terms and Conditions shall be binding unless recorded in a written document signed by the Parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
8.9 No extension of time or waiver or relaxation of any of the provisions or terms of these Terms and Conditions, shall operate as an estoppel against any party in respect of its rights under these Terms and Conditions, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with these terms and Conditions.
8.10 No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
8.11 No failure by a Party to enforce any term of these Terms and Conditions will constitute a waiver of such term or affect in any way such Party’s right to require the performance of such term at any time in the future, nor will a waiver of a subsequent breach nullify the effectiveness of the term itself.
8.12 If any term or part of any term of these terms and Conditions is for any reason whatsoever, including a decision by any court, any legislation or any other requirement having the force of law, declared or becomes unenforceable, invalid or illegal, the remainder of these Terms and Conditions shall not be affected and the invalid provision or part shall be replaced or amended.