1.1. These Terms and Conditions set out the terms of the agreement between you and us (“the Agreement”) under which we will provide you with access to the information and services we offer from time to time via the National Bicycle Registry website located at www.bicycleregistry.co.za (“the Site”). It is, therefore, very much in your interests to read them carefully.
1.2. If there is anything in this Agreement that you do not understand then please contact us as soon as possible by calling 0827837163 (the "Customer Number"). Please note that calls to the Customer number are charged at national mobile rates.
1.3. Unless otherwise stated, the Site is hosted by www.anno.co.za (hereinafter referred to as “Host”), and owned by Brandimotion CC (hereinafter referred to as “BiM”), a company registered in South Africa. References to "we", "our" and "us" are references to BiM.
2. SUPPLY OF SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“The Act”)
Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:
2.1. Goods and/or Services: The service provided through the website is a service whereby you can register your legally owned bike/s [for a nominal annual contribution] and make use of other general services as made available by www.bicycleregistry.co.za
2.2. Contribution: Where applicable the payment system used by BiM will be via PayFast, a registered financial services provider in South Africa.
2.3. Complaints and Disputes: We invite you to file complaints with us directly. Our full contact details are available on www.bicycleregistry.co.za, also by way of the contact details as set out in Clause 10 below. We do not currently subscribe to any alternative dispute resolution code or mechanism.
2.4. Policies: Our policies are set out in this Agreement below.
3. USE OF THE SITE
3.1. You agree to use the Site for lawful purposes only. Without derogating from the generality of the foregoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
3.2. You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Site, 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, which includes but is not limited to:
3.2.1. ... any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
3.2.2. ... any content that constitutes an invasion of privacy; or
3.2.3. ... any content that is an infringement of any intellectual property right; or
3.2.4. ... any content that contains software viruses; or
3.2.5. ... any content that constitutes a political statement, commercial solicitation, or “Spam”.
3.3. Although BIM does not purport to review (nor is it under any obligation to review) any submitted content, it reserves the right to remove any content from the Site where it deems such content, in its sole and absolute discretion, to be an infringement of Clause 3 or harmful in anyway whatsoever. Should you place on or submit to the Site any such harmful content or should you breach any clause in these Terms and Conditions, BIM may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.
3.4. You warrant that:
3.4.1. ... you own or otherwise legally control all rights to any and all content that you may submit to the Site;
3.4.2. ... any use of such content will not cause injury or harm to any person or entity; and
resulting from the submitted content.
3.5. By submitting reviews, comments and/or any other content (other than your personal details) to BIM for posting on the Site, you automatically grant BIM and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license 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 license, you retain any and all rights that may exist in such content.
3.6. The following activities on or through the Site are expressly prohibited:
3.6.1. ... any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site or the content contained thereon, without the prior written authority of BIM; and
that supplies products comparable to those offered on the Site; and
3.6.3. ... any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Site, or otherwise interferes with the proper and timely functioning of the Site.
3.7. You are responsible for maintaining the confidentiality and security of your Password for access to the Site and you accept full liability for all activities that occur on or related to the Site under your User Name.
4. INTELLECTUAL PROPERTY
4.1. All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of BIM or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of BIM and is protected by South Africa and international copyright laws.
4.2. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of BIM or the copyright owner.
4.3. You may not “mirror” any content contained on the Site on any other server unless with the prior written permission of BIM.
4.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, provided that the link does not portray BIM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BIM logo or any other proprietary graphic or trademark whatsoever as part of the link without the express written permission of BIM, its affiliates and/or content suppliers.
4.5. All trademarks are and shall remain the exclusive property of BIM.
4.6. The unauthorized submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.
5. LIMITATION OF LIABILITY
5.1.You should note that various elements of the BIM service are not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the BIM service are virus / error-free.
5.2. We, or merchants and content providers found via the BIM service, may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the BIM service.
5.3. While we make all reasonable efforts to ensure that all information provided by us in connection with the BIM service is accurate at the time of its inclusion on the Site, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
5.4. Information provided by BIM does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.
5.5. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the BIM service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.
6. OUR LIABILITY TO YOU
6.1.We shall not be liable to you in contract (including for negligence) or otherwise:
6.1.1. ... for any amount in respect of any damage or loss arising from the consequences of viruses received by you via the BIM service or of our failure to provide the BIM service in accordance with this Agreement in excess of the amount that has been received by BIM from you as payment for the service provided by BIM, as at the date of claim; or
6.1.2. ... for any economic losses, any indirect, special or consequential loss, loss of data, goodwill or reputation or any wasted expenditure including but not limited to losses caused by viruses.
6.1.3. ... for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).
7. CHANGES, SUSPENSION, AND TERMINATION
7.1.We may alter and/or amend the BIM service at any time with reasonable notice given to you.
7.2. We may suspend or terminate the BIM service at any time with reasonable notice to you.
7.3. BIM may terminate your account at any time for any improper use of this site or your failure to comply with this Agreement.
7.4. Such termination shall not affect any right to relief to which BIM may be entitled.
7.5. Upon termination of this Agreement, all rights granted to you will terminate and revert to BIM.
7.6. BIM may at any time modify the Terms and Conditions making up this Agreement and your continued use of this Site will be conditioned upon the Terms and Conditions as amended and in force at the time of your use.
7.7. We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the site, as these may have been modified since your last visit.
8.1.Personal information defined: When BIM refers to personal information in this Policy it refers to information that can identify you as an individual or is capable so identifying you. By personal information BIM does not mean general, statistical, or anonymous information.
8.2. About Consent
8.2.1.Your use of our services signifies your consent to us collecting and using personal information about you as specified below, in accordance with this Policy.
8.3. How BIM collects your information
8.3.1.You may provide personal information to us when communicating with us.
8.3.2.You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.
8.3.3. When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
8.3.4. If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.
8.3.6. It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information ("confidential financial information") will be used by us only for the specific purpose for which it was provided to us.
8.4. How BIM uses your information
8.4.1. We may use your information to confirm that your contribution has been received; to validate you as a customer when using our services; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
8.4.2. We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, and improving business efficiencies.
8.4.3. We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our website, services or changes to our terms and conditions of use and to communicate with you about your customer benefits and advise you regarding the use of our services.
8.4.4. We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
8.5. Information Archive
8.5.1.The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
8.6.Your information to 3rd Parties
8.6.1.BIM reserves the right to access and disclose individual-identifying information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly or to protect itself or its users or to solve any customer disputes.
8.6.2. We may provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you.
8.6.3. We will not disclose personal information collected about you without your express consent thereto or through due legal process.
8.7.1.A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting our website, our computer server will recognize the cookie, giving us information about your visit.
8.7.2.We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognize you as a customer and provide you with the services you require. If your browser is set to reject cookies, you will not be able to register for BIM services. We may also use this data to better understand your interests while online and to personalize your visits to our websites.
9. GOVERNING LAW AND JURISDICTION
9.1.This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and us with regard to the use of the Site.
10. CONTACT DETAILS
Administrator: William Hall
Address: PO Box 6873, Greenstone, 1616. South Africa.