SEFAC WEBSITE TERMS OF USE
1. Website terms and conditions of use
1.1. This document sets out the terms and conditions ("Terms") of SOUTHERN EQUITORIALFERRARI AUTOMOBILI CLUB, P.O. Box 87099, Houghton, Johannesburg 2041 pertaining to the access and use of the information, services and functions provided on our https://www.sefac.co.za/ (“the Website”).
1.2. Should you disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.3. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by these Terms before using any services.
1.4. We reserve the right, in our sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time you access the Website and/or use the services, you shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by us from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.5. We will give you prior notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended amendment.
1.6. If there is anything in these Terms that you do not understand, please contact us as soon as possible. See clause 11 below for contact details.
2. Content of the Website
2.1. We reserve the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.2. We reserve the right to change and amend any rates quoted on this Website from time to time without notice.
2.3. We may use the services of third parties to provide information on the Website. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and that we or our online partners shall not be liable for any losses or damages that may arise from your reliance on it, howsoever these may arise.
2.4. We make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:2.4.1 We do not warrant that the Website or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2 Whilst we have taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of your system; and
2.4.3 We disclaim any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which we receive it and statements from external parties are accepted as fact
3. Linked third-party websites and third-party content
3.1. We may provide links to third party websites on the Website. These links are provided to the you for convenience purposes only and we do not endorse, nor does the inclusion of any link imply our endorsement of such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
3.2. While we try to provide links only to reputable websites or online partners, we cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to our control. We are not responsible for and give no warranties and make any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3. You agree that we shall not be held liable, directly or indirectly in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
4. Usage restrictions
You hereby agree that you shall not, nor through a third party:
4.1. Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2. Decompile, disassemble or reverse engineer any portion of the Website;
4.3. Write and/or develop any derivative of the Website or any other software program based on the Website;
4.4. Modify or enhance the Website. In the event of you effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Service Provider;
4.5. Without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than you;
4.6. Remove any identification, trademark, copyright or other notices from the Website;
4.7. Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.8. Notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
5. Security
5.1. To ensure the security and reliable operation of the services to you, we hereby reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our network and back-office applications.
5.2. You may not utilise the Website in any manner which may compromise the security of our networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, civil damages shall be claimed by us against you.
5.3. If you commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) you shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
6. Intellectual property rights
6.1. For purposes of this clause, the following words shall have the following meanings ascribed to them:
6.1.1. "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by us, nowor in the future, including without limitation, our rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.1.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to us and as such are protected from infringement by local and international legislation and treaties.
6.2. By submitting to us reviews, comments and/or any other content (other than your personal information) for posting on the Website, you automatically grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.3. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.4. Except with our express written permission, no proprietary material from this Website may be copied or retransmitted.
6.5. Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
6.6. We authorise you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
7. Risk, limitation of liability and indemnity
7.1. Your use of this Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
7.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by the you as a result thereof. We reserve the right to request independent verification of any information transmitted via e-mail and you consent to such verification should we deem it necessary.
7.3. To the extent permissible by law:
7.3.1. Neither we, our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if we know or should reasonably have known or are expressly advised thereof.
7.3.2. Our liability for faulty execution of the Website as well as all damages suffered by you, whether direct or indirect as a result of the malfunctioning of the Website shall be limited to us rectifying the malfunction, within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct or attempt to correct the Website without our prior written approval. However, in no event shall we be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3. You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of:
7.3.3.1. Your use of the Website;
7.3.3.2. Software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or knowledge;
7.3.3.3. Your failure to comply with any of the Terms or any other requirements which we may impose from time to time;
7.3.3.4. The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
7.3.3.5. Any unavailability of, or interruption in the service which is beyond our control.
7.4. We make no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against us for any loss suffered by you as a result of information supplied by us being incorrect, incomplete or inaccurate.
8. Confidentiality
8.1. By subscribing, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by us. You shall notify us should you discover any loss or unauthorised disclosure of the information.
8.2. Any information or material sent to us will be deemed not to be confidential, unless otherwise agreed in writing by you and us.
9. Breach or cancellation by us
9.1. We are entitled without notice, in addition to any other remedy available to us in law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to our right to claim damages, should you:
9.1.1. Breach any of these Terms;
9.1.2. Use the Website in an unauthorised manner; or
9.1.3. Infringe any statute, regulation, ordinance or law.
9.2. Breach of these Terms entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
10. Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
10.1. Full name: SOUTHERN EQUITORIAL FERRARI AUTOMOBILI CLUB
10.2. Telephone number: +27 (11) 483 0007
10.3. Website address: https://sefac.co.za/contact/
10.4. E-mail address: admin@sefac.co.za
10.5. Postal address: PO Box 87099, Houghton, Johannesburg, 2041
11. Services
Subscriptions
11.1. Subscription period
11.1.1. The Website or some parts of the Website are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.
11.1.2. At the end of each period, Your Subscription will automatically renew under the same conditions unless you cancel it or we cancel it.
11.2. Subscription cancellations
You may cancel your subscription renewal either through your account settings page or by contacting us. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access your subscription until the end of your current subscription period.
11.3. Billing
11.3.1. You shall provide us with accurate and complete billing information including your full name, address, state, zip code, telephone number, and a valid payment method information.
11.3.2. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
11.4. Fee changes
11.4.1. We, in our sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period.
11.4.2. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
11.4.3. Your continued use of your subscription after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
11.5. Refunds
11.5.1. Except when required by law, paid subscription fees are non-refundable.11.5.2. Certain refund requests for subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
11.6. User Accounts
11.6.1. When you create an account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
11.6.2. You are responsible for safeguarding the password that you use to access our Website and for any activities or actions under your password, whether your password is with our Website or a third-party social media service.
11.6.3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
11.6.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
12. Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
13. Notices
Except as explicitly stated otherwise, any notices shall be given to us by email at admin@sefac.co.za and to the e-mail address you have provided to us. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to us. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
14. General clauses
14.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
14.2. This Website is controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws.
14.3. We do not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
14.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
14.5. our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
14.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without our prior written consent.
14.7. 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.
14.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
14.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
14.10. These Terms set forth the entire understanding and agreement between us and you with respect to the subject matter hereto.