These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Motorsport (“Provider”) website located at the domain name www.motorsport.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Updating of these Terms and Conditions

Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions 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 these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Privacy Statement

Privacy issues are very important to us, given the current regulatory and technical environment and we are committed to protecting your privacy.

Use of Personal Data

We will collect information and use it for the following purposes:

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website www.race-ready.co.za sells motorsports accessories goods online. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

User Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MOTORSPORT and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

• When opening an Account and placing an order with us we need to know your name, e-mail address, delivery address, credit or debit card number and the card’s expiry date. We use this information in order to process and run your Account, for credit purposes, marketing, market research and analysis and to notify you of the status of the order or to liase with you regarding any other matter pertaining to Motorsport and yourself. Please also refer to our Security Policy for additional information.

• We also ask you for your telephone number/s which enables us to contact you in the event of there being a problem or query with your order or Account.

• Should you enter a competition or other promotional feature on our website we may ask you for your name, address and e-mail address in order that we may efficiently administer the competition and promotion as well as notifying the winners.

• We may disclose your information to other parties for the purposes of processing and fulfilling your order.

• We may also use the information that we collect from you to notify you from time to time about functionality changes to our website, or any other changes, the service that we provide and details of special or promotional offers.

Protection of Personal Data

We have taken every possible precaution to create a secure environment to protect the personal information supplied by you to us when making an order or opening an Account. When an order is placed or Account opened we offer the use of a secure service. Essentially we have adopted the industry standard encryption methods in that the secure service software (SSL) encrypts all information input before it is sent to us. In order to comply with the Data Protection Act 1998 and for maximum peace of mind we can advise that we have implemented strict security procedures in relation to the storage and disclosure of information which you have given to us for the purpose of preventing unauthorised access. For security reasons and to protect your right to privacy, we may occasionally request proof of identity from you before disclosing any sensitive information to you or accepting any order from you.

Cookies

Cookies are small pieces of information that websites transfer to your computer hard drive and we use to enable our website to provide features such as automatic login, personalised greetings and storage of items in your Shopping Basket. Cookies can be turned off in your browser or you can be notified when you receive a cookie so you choose whether to accept it. The Help menu of your browser should contain information on how to do this. However, changing these settings may mean that you will not be able to take advantage of some of the advanced features on the site. If you do wish to remove cookies after a visit to the site, perhaps because you are using a shared computer, you can clear the cookies by clicking on the sign out link.

Disclosure of Information to Third Parties

We do not sell, trade or rent your personal information (data) to others. We may choose to do so in the future with carefully selected and trustworthy third parties. Should you not wish us to do so then kindly advise us by sending an e-mail to us. We may provide statistics or analytical records about our customers, sales, and traffic patterns to reputable third party vendors but this information will not include any personally identifying information on you.

We employ third parties and individuals to perform certain functions on our behalf. Examples of these might be a courier delivering your goods to you, analysis of data, provision of marketing assistance, processing credit card payments and provision of a customer services department. Please rest assured that those companies and individuals who have access to any such personal information are not permitted to use this information for any other purposes and they are required to process any such data in accordance with the Data Protection Act 1998.

Access to Information

You may obtain details of the personal information we hold on you by e-mailing us. Our Data Protection Officer will revert to you within 5 working days. There is a statutory fee of R100 payable prior to accessing this information.

Consent and Data Protection

By using our website you irrevocably consent to authorising us to collate, collect and use this information. Any changes to our privacy policy will be updated and posted on this page of our website.

Privacy: casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

Contact

If you have any comments, suggestions or concerns about this Privacy Policy please e-mail us.