NHA Website Terms of Use
1. DEFINITIONS
  1.1

Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Agreement, including this introduction, bear the meanings ascribed to them:

    1.1.1

NHRA – The National Horseracing Authority of South Africa with registered offices at Turf Club Street, Turffontein, Johannesburg, 2091;

    1.1.2

Website – the website, owned and operated by the NHRA and located at, www.nhra.co.za, including services available on and through the website and web pages, source code, meta tags postings and any page, part of element thereof;

    1.1.3

Parties – the NHRA and the User;

    1.1.4

User – any person who enters or uses the Website, notwithstanding the fact that such a person visits the home page of the Website.

  1.2

Unless the context clearly indicates a contrary intention, an expression which denotes –

    1.2.1

any gender includes the other genders;

    1.2.2

a natural person includes an artificial person and vice versa; and

    1.2.3

the singular includes the plural and vice versa.

  1.3

In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 and the common law of contract, these terms and conditions are valid binding and enforceable against all persons that access the Website.

  1.4

If you do not agree to be bound by these terms and conditions you must leave the Website without delay, as further use will automatically bind you to these terms and conditions.

2.

INTELLECTUAL PROPERTY RIGHTS

  2.1

Copyright in all information, material and logos (hereinafter referred to generally as “material”) made available through this Website is protected by intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation, or exploitation of this material will constitute an infringement of such protection.

  2.2

The copyright in all material vesting in the NHRA published on this Website shall continue to vest in the NHRA. Without derogating from the aforegoing, the NHRA hereby authorises the User to view, copy, download to a local drive, print and distribute the content of this Website, or any part thereof, provided that:

    2.2.1

such content is used for information purposes only;

    2.2.2

such content is used for non-commercial purposes. The User is expressly prohibited from incorporating any material of the NHRA’s proprietary material from this Website in any other work, publication or Website either belonging to the User or belonging to any third party;

    2.2.3

any reproduction of the NHRA’s proprietary material from this Website or portion thereof must include this notice in its entirety.

  2.3

The trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of their owners. Nothing contained on this Website should be construed as granting the User any licence or right to use any trademark without the written permission of the owner thereof.

  2.4

No right, title or interest in any proprietary material contained in this Website is granted to the User hereunder.

3.

CONTENT

  3.1

This Website is only intended to provide general information regarding the NHRA and its services and it is not intended to provide an exhaustive treatment of any subject dealt with.

  3.2

The information in this Website is therefore not intended nor does it constitute any professional advice or services. Before making any decision or taking any action which might affect the User’s finances or business Users should consult their own professional advisors.

  3.3

This Website could include technical, typographical or other inaccuracies and User’s are urged to contact the NHRA to confirm all information contained on these pages prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website. The NHRA expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this Website without notice.

  3.4

This Website may now, or hereafter from time to time contain certain statements or information with respect to:

    3.4.1

the current or future regulation of the horseracing in Southern Africa;

    3.4.2

the plans, objectives and/or strategies for the NHRA for future regulation of the horseracing in South Africa, including those relating to potential rule changes and registration and reservation procedures of the NHRA;
and the NHRA wishes to caution Users that such projections are only predictions and that actual events or results may differ materially.

4.

OFFER

 

No information or content contained on these pages should be construed as an offer by the NHRA. All services (applications, registrations and reservations of names) offered by the NHRA are subject to signature of the requisite application forms and other documentation relating thereto and are governed by the standard terms and conditions of the NHRA in respect thereof and the NHRA shall not be bound in any manner until a formal written agreement has been entered into. The NHRA reserves the right to reject in its discretion any application submitted for services (including applications, registrations and name reservations) contained on this Website.

5.

TRANSMISSION OF INFORMATION

  5.1

The User’s attention is drawn to the fact that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception; therefore Users are discouraged from transmitting to the NHRA any information which may be confidential, proprietary or sensitive. Users shall bear all risk of transmitting such information in this manner and under no circumstances will the NHRA be liable for any loss, harm or damage suffered by any User as a result thereof. The NHRA reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should the NHRA deem it necessary.

  5.2

The NHRA requests that no unsolicited confidential or proprietary information be sent to the NHRA. Any such unsolicited information or material sent to the NHRA will be deemed not to be confidential, unless otherwise agreed in writing by the NHRA. Notwithstanding the aforegoing, the NHRA will not sell or forward any personal User information to any third party unless obliged to do so by law.

6.

LINKS TO THIRD PARTY SITES

 

External links may be provided for convenience, but they are beyond the control of the NHRA and no representation or endorsement is made as to their content. Use of or reliance on any external links provided is at the User’s own risk.

7.

STATUTORY REQUIREMENTS

 

The services and other features offered on this Website comply with relevant statutory and regulatory requirements of the region under which they are offered. Unless otherwise specified, the services and features on this Website are directed solely at the residents of the region under which they are offered.

8.

DISCLAIMER

 

This Website and the information contained therein is provided "as is" and the NHRA makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:-

  8.1

the NHRA does not warrant that the Website or information (including “Club Stats”, “Season Stats” and “Racing Results”) will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. The NHRA expressly disclaims all implied warranties; and

  8.2

whilst the NHRA has taken reasonable measures to ensure the integrity of this 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, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.

9.

RISK & LIMITATION OF LIABILITY

 

The User’s use of this Website and the information contained therein is entirely at the User’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof. Neither the NHRA, its affiliated companies, holding company, subsidiaries or subsidiaries of its holding company, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever relating to the use of this Website or the information contained therein, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise.

10.

ENFORCEABILITY

 

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

11.

JURISDICTION

 

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. The User hereby consents to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or these terms and conditions or any matter related to or in connection therewith.