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Knysna Marathon Club Terms of Use Agreement

Knysna Marathon Club Terms of Use Agreement

Please read this terms of use agreement before accessing the website.

Effective Date: This Terms of Use Agreement was last updated on March 25, 2015.

This Terms of Use Agreement sets forth the standards of use of the Knysna Marathon Club Online Service. By using the Knysna Marathon Club www.knysnamarathonclubportal.co.za website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.knysnamarathonclubportal.co.za. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Knysna Marathon Club is providing Member with online event entry and ticketing services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by Knysna Marathon Club on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Knysna Marathon Club makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Knysna Marathon Club shall have no liability for any interruptions in the use of this Website. Knysna Marathon Club disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

KNYSNA MARATHON CLUB SHALL NOT be liable for any damages whatsoever, and in particular KNYSNA MARATHON CLUB shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if KNYSNA MARATHON CLUB has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Terms and Conditions of Purchase of Tickets

4.1 Each ticket that you purchase from us is intended to be a revocable license to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.

4.2 Each ticket that you purchase from us is subject to these Terms of Use as well as any additional terms and rules applicable to the particular event (“the Ticket Terms”). Such Ticket Terms may be referred to or set out on the relevant ticket or may be made available elsewhere on this web site. We merely act as an agent for the providers, promoters and organizers of events (“Event Organisers”), including sporting events, theatre, cinema etc. We sell ticket to you and collect payment from you on behalf of such Event Organisers. You are thus buying each ticket from the relevant Event Organiser and not from us and your rights and obligations under the Ticket Terms are enforceable against and by such Event Organiser only, whereas these Terms of Use determine the rights and obligations you have as against us. Event Organisers may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. Unfortunately, we cannot accept any liability should any of the aforementioned occur. However, you are welcome to contact us to enquire about any relevant refund or exchange procedures that may apply in these instances.

4.3 You will be required to provide the necessary payment details (such as credit card details) and to authorize payment of the amounts payable for the tickets ordered when submitting your booking request. Such authorization will allow us to obtain payment at any time after our confirmation of your booking. Should we be unable to duly effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice.

4.4 If the price you paid for a ticket is incorrect (as confirmed to us by the relevant Event Organiser), then, irrespective of whether such price was posted on this web site or otherwise communicated to you, we will have the right to cancel that ticket (or the order for that ticket) and refund to you the full amount that you paid in respect of the ticket. We may similarly cancel any ticket that you were sold that we were not entitled to sell at the time you purchased it (including tickets sold before their scheduled date of release for sale) and refund to you the full amount that you paid in respect of the ticket.

4.5 KNYSNA MARATHON CLUB shall not, in any circumstances, be liable for any loss of whatsoever nature which may be suffered as a result of the cancellation or postponement of an event.

4.6 Only the relevant Event Organiser can consent to the cancellation, return or exchange of any tickets in which event KNYSNA MARATHON CLUB will act under the express direction of the Event Organiser. No KNYSNA MARATHON CLUB employee or agent is entitled to agree to or allow the cancellation, return or exchange of any tickets without the express consent of the Event Organiser first being obtained. Should the Event Organiser consent to cancellation and return of tickets; tickets purchase from us will be returned by the Event Organiser or agent of the Event Organiser. Under no circumstances will KNYSNA MARATHON CLUB be responsible for the return and exchange of tickets. Where a refund is issued to a ticket purchaser due to the cancellation of an event or for any other reason, such refund will be issued to the ticket purchaser using the same method of payment that was used to purchase the tickets and will be subject to an administration fee equal to 10% (ten percent) of the value of the refund. Where a credit card was used to make a refunded purchase, then the actual credit card used in the transaction will receive the credit for the refund.

4.7 As a ticket purchaser or Organizer, you agree to work actively with the other parties to your transactions to resolve any disputes. KNYSNA MARATHON CLUB does not act as the agent of either party to any dispute between ticket purchasers and Organizers and are not responsible for resolving such disputes. If any charge-back claim occurs (as the result of a dispute or for any reason whatsoever), you agree to provide the Organizer with all the necessary documentation for the resolution of the claim. If you are an Organizer, you (i) acknowledge that we do not control the outcome of the charge back decision reached by the ticket buyer's issuing bank in a card transaction; (ii) you agree to accept the decision of the issuing bank as final and legally binding; and (iii) recognise that you may not receive payment if the issuing bank rules against you in relation to the payment received. To report a potential fraudulent transaction, error or dispute, please contact us.

4.8 Neither KNYSNA MARATHON CLUB nor the Event Organiser of any event for which tickets are sold by KNYSNA MARATHON CLUB will be liable in respect of any fraudulent, copies or other reproductions of tickets that are presented at the venue of an event.

4.9 The Event Organiser reserves the right of admission to any event in respect of which KNYSNA MARATHON CLUB may provide the service of selling and distribution of tickets and further reserves the right to alter the program or the seating arrangements at the event. Under no circumstances will KNYSNA MARATHON CLUB be liable in any matter whatsoever for the Event Organiser's negligence or circumstances that have arisen due to the Event Organiser actions.

4.10 KNYSNA MARATHON CLUB makes no representations whatsoever relating to the quality or capacity of any venue, or the quality of any event, goods or services for which tickets are sold.

5. Indemnification

Member agrees to indemnify and hold Knysna Marathon Club, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

6. Members Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Knysna Marathon Club of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Knysna Marathon Club.

7. Modifications and Interruption to Service

Knysna Marathon Club reserves the right to modify or discontinue the Service with or without notice to the Member. Knysna Marathon Club shall not be liable to Member or any third party should Knysna Marathon Club exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Knysna Marathon Club does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

9. Race Timing and Discovery Vitality Points

You consent to our race timing partner, ESC Timing, giving your personal race information to Discovery Vitality (Pty) Ltd so they can administer your Vitality benefit, and use your data for research purposes on an anonymous basis.

10. Disclaimer Regarding Accuracy of Content Provider ("Vendor") Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Knysna Marathon Club makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Knysna Marathon Club makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

11. Governing Jurisdiction of the Courts (Republic of South Africa)

Our website is operated and provided in the Republic of South Africa (although the website may be hosted overseas). As such, we are subject to the laws of the Republic of South Africa, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Republic of South Africa.

12. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable provincial, national, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 Knysna Marathon Club, with all rights reserved, or is the property of Knysna Marathon Club and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Knysna Marathon Club is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Knysna Marathon Club.

Knysna Marathon ClubTM and www.knysnamarathonclubportal.co.zaTM are proprietary marks of Knysna Marathon Club. Knysna Marathon Club's trademarks may not be used in connection with any product or service that is not provided by Knysna Marathon Club, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Knysna Marathon Club.

All other trademarks displayed on Knysna Marathon Club's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Knysna Marathon Club.

14. Botnets

Knysna Marathon Club retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Knysna Marathon Club reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Knysna Marathon Club, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.