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1. Definitions

  • The Totalisator Agency Board (Natal), operating in KwaZulu-Natal, Republic of South Africa.
  • Content Provider
  • Any of
    • TAB KZN
    • its subsidiaries
    • its affiliates
    • third parties
  • whether acting together or individually for the purpose of providing on-line services and content.
  • TAB KZN Online
  • The interactive on-line service operated by TAB KZN on the World Wide Web of the Internet, consisting of information services and content supplied by Content Providers.
  • Access
  • The transferring of electronic information from TAB KZN Online to the Subscriber or vice versa.
  • Connection
  • The establishment of an electronic link for the purpose of accessing TAB KZN Online.
  • Subscriber
  • Each person who establishes a connection.
  • Access Identifier
  • Any of, or any combination of :
    • User Name;
    • User Number;
    • Password;
    • Personal Identification Number.
  • used to identify the Subscriber to TAB KZN Online.

  • The section headings used herein are for convenience only and shall not be given any legal import.

2. Validity

  • This Agreement
    1. Sets forth the terms and conditions that apply to the accessing of TAB KZN Online by the Subscriber;
    2. Constitutes the entire agreement of the parties with respect to that access;
    3. Supersedes all previous written or oral agreements between the parties with respect to that access.

  • A waiver by either party of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default.

  • By connecting to TAB KZN Online (other than for the specific and sole purpose of reading this Agreement for the first time), the Subscriber agrees to comply with all of the terms and conditions hereof.

  • The right to access TAB KZN Online is personal to the Subscriber and is not transferable to any other person or entity.

  • The Subscriber agrees that all accessing of TAB KZN Online shall be governed by the applicable laws of the Republic of South Africa, irrespective of the origin or routing of the Connection.

  • The Subscriber acknowledges that the Subscriber is familiar with the laws applicable to all the content of TAB KZN Online in the locale from whence the Subscriber is making the connection, and that the Subscriber's access is allowed by those laws.

  • The English version of this agreement shall supersede any translation/s that may be prepared or provided for the convenience of the Subscriber.

3. Access Changes

  • TAB KZN shall have the right, at any time :
    1. To change or modify the terms and conditions applicable to the Subscriber's accessing of TAB KZN Online, or any part thereof;
    2. To impose new conditions, including, but not limited to, adding fees and charges for access.
    3. Such changes shall be effective immediately upon notice thereof; this notice may be given by any means, including, but not limited to :
      • Posting on TAB KZN Online;
      • By electronic or conventional mail;
      • By any other means by which the Subscriber obtains notice thereof.
    4. Any accessing of TAB KZN Online by the Subscriber after such notice shall be deemed to constitute acceptance by the Subscriber of those changes.
    5. TAB KZN shall have the right, at any time, to change or discontinue any aspect or feature of TAB KZN Online, including, but not limited to :
      • Content;
      • Hours of availability;
      • Equipment and/or software needed for access.

4. Equipment and Costs

  • The Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to TAB KZN Online and all charges related thereto.

  • Content Providers shall not be liable for any costs incurred by the Subscriber in connecting to TAB KZN Online.

5. Copyright

  • TAB KZN Online contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound.

  • The entire contents of TAB KZN Online are copyrighted as a collective work under the Republic of South Africa's Copyright Act (Act 98 of 1978). TAB KZN owns a copyright in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it.

  • The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

  • The Subscriber may download copyrighted material for the Subscriber's personal use only.

  • Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of TAB KZN and the copyright owner.

  • In the event of any permitted copying, redistribution or publication of copyrighted material, changes to or deletion of author attribution, trademark legend or copyright notice shall not be made.

  • The Subscriber acknowledges that he does not acquire any ownership rights by downloading copyrighted material.

  • All trademarks appearing on TAB KZN Online are the property of their respective owners. All rights are reserved.

  • Any of the Content Providers shall have the right to assert and enforce the provisions of this section either individually or jointly.

6. Disclaimer of Warranty; Limitation of Liability

  • The Subscriber expressly agrees that :
    • Access to TAB KZN Online is at the Subscriber's sole risk;
    • The Content Providers do not accept liability for the Subscriber's inability to connect to TAB KZN Online;
    • The provisions of this section shall apply to all content on TAB KZN Online;
    • It is the Subscriber's responsibility to evaluate the accuracy, completeness or usefulness of any content provided on TAB KZN Online.

  • None of the Content Providers, either jointly or individually :
    • Warrants that access to TAB KZN Online will be uninterrupted or error free;
    • Makes any warranty as to the results that may be obtained from access to or use of information provided on TAB KZN Online;
    • Makes any warranty as to the accuracy, reliability or content of any information, service, or merchandise provided through TAB KZN Online.
    • Warrants or guarantees the timeliness, sequence, or completeness of information provided on TAB KZN Online.

  • TAB KZN Online is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

  • This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

  • In no event will any Content Provider involved in creating or producing TAB KZN Online be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the accessing of or inability to access TAB KZN Online.

7. Indemnification

  • The Subscriber agrees to defend, indemnify and hold harmless any and all Content Providers, their respective board members, directors, managers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the accessing of TAB KZN Online by the Subscriber.

8. Endorsement

  • TAB KZN does not specifically, or through implication, endorse or support any third party products, services or information that may be advertised on TAB KZN Online.

  • TAB KZN does not endorse or support any opinion that may be expressed on TAB KZN Online. Any statement or clarification required should be obtained by contacting TAB KZN for an official statement.

  • Neither TAB KZN nor any third-party provider of information on TAB KZN Online guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

9. Access Restriction

  • TAB KZN shall have the right to require the use of Access Identification before allowing the Subscriber to access any part of TAB KZN Online.

  • Should access to any part of TAB KZN Online require the use of Access Identification, the Subscriber agrees to be responsible for ensuring and protecting the confidentiality of any Access Identification granted to him by TAB KZN.

  • TAB KZN shall not be liable for any unauthorised use of the Subscriber's Access Identification.

  • TAB KZN shall have the right, without notice, at any time, and in its sole discretion, to revoke and cancel the Subscriber's Access Identification.

  • TAB KZN shall have the right to request at any time that the Subscriber supply proof that the Subscriber is over the age of 18 years.

10. Termination

  • Either TAB KZN or the Subscriber may terminate this Agreement at any time.

  • Without limiting the foregoing, TAB KZN shall have the right, without notice, at any time, and in its sole discretion, to immediately terminate the Subscriber's connection rights in the event of any conduct by the Subscriber that TAB KZN considers to be unacceptable, or in the event of any breach by the Subscriber of this Agreement.

  • The Subscriber agrees that the provisions of Sections 5 to 8 and this Section shall survive termination of this Agreement.