CAPE TOWN CYCLE TOUR
Limitation of Liability and Indemnity
Please note that this event and your participation and/or attendance is subject to your acceptance of our standard limitation of liability and indemnity terms which can be viewed at https://www.capetowncycletour.com/waiver-and-indemnity/ which limit your rights and remedies.
Should the participant be younger than 18 years, a legal guardian will be required to sign a printed copy of this indemnity when collecting the race number for this event.
Should you be entering on behalf of others, you hereby confirm and warrant that you have been duly authorised to accept this for and on behalf of those you are entering. Should it be determined that you are not duly authorised, you hereby agree to fully indemnify the Cape Town Cycle Tour Trust (including employees and trustees) against any claims against them as a result of your lack of authority.
VIRGIN ACTIVE ACCESS
By signing up via the Edge Sport website and by making use of the Virgin Active access facility you agree and acknowledge that:
1. you enter the premises (including the parking areas) and use the equipment and facilities entirely at your own risk,
2. Virgin Active South Africa (Pty) Ltd, Virgin Active South Africa Group (Pty) Ltd and Virgin Active South Africa 1993 (Pty) Ltd and their directors, employees and independent contractors (collectively “Virgin Active”) shall not be liable for any death, injury, loss or damage suffered by you arising from a negligent act and/or omission (other than a grossly negligent act or omission) on the part of Virgin Active, other members or guests, and
3. Virgin Active shall not be liable for any loss, destruction or damage to any property belonging to you arising from a negligent act and/or omission (other than a grossly negligent act or omission) on the part of Virgin Active, other members or guests.
STAND UP PADDLE
By signing up via the Edge Sport website and by making use of the stand up paddle activity you agree and acknowledge that:
1. You confirm that your wish to participate in “SUP CAPE TOWN” stand-up paddle boarding
2. You knowingly and voluntarily waive, release, hold harmless and indemnify “SUP CAPE TOWN”, all of its partners, members, agents, employees, shareholders, officers, directors, attorneys and contractors, past, present and future, their respective heirs, legal and personal representatives, successors and assigns (collectively, “Released Parties”) and all of their respective properties, assets and interests from, any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known or unknown, foreseen and unforeseen loss of life or personal injury (whether to yourself or a third party if such damage to the third party is caused by you), loss or damage to property (whether to myself or a third party if such damage to the third party is caused by you), and the consequences thereof, directly or indirectly resulting from, incidental to, in connection with, or arising out of your participation in stand-up paddle boarding and related activities (“Claims”).
3. lt is your intention that this indemnity shall apply to all of the claims without limit and, to the fullest extent allowed by law, regardless of whether founded, whole or in part, on any negligent (gross or otherwise) or wrongful act or omission of any of the Released. Parties, or by reason of vis maior, causus fortuitus, or by any other cause of whatsoever nature and howsoever arising,
4. You confirm that you are in good physical health and able to tolerate the physical demands of stand-up paddle boarding and related activities.
5. ln the event that the stand-up paddle board, paddle, or any other equipment provided to you in order to undertake stand-up paddle boarding is damaged during the period that it is in your possession or under your control (even if utilised by another party with your consent in the time that you hire the stand-up paddle board), you remain liable for all costs involved in the repair or replacement of any of the equipment so damaged.
6. ln the event that legal proceedings are instituted against you for the recovery of such costs, you remain liable for such legal costs on an attorney and own client scale, including collection commission.
You have read and understand this indemnity. It’s terms shall be binding on me and on my heirs, legal representatives and assigns.
If any provision of this indemnity is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from the indemnity and shall not effect the remaining provisions of this indemnity.
You authorise the use of photographs, moving pictures and Internet images to be taken, without payment therefor.
WorldSport SA (PTY) LTD is a business in the sport events industry that administers and manages sporting events .
Subject to availability and receipt of payment, requests will be processed between 10 minutes and 2 business days and delivery confirmed by way an emailed digital event ticket.
The provision of services by WorldSport SA (PTY) LTD is subject to availability. In cases of unavailability, WorldSport SA (PTY) LTD will refund the client in full within 30 days. Tickets sold are non-refundable.
WorldSport SA (PTY) LTD shall take all reasonable steps to protect the personal information of users. 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.
Payment may be made via Visa, MasterCard, or by bank transfer into the WorldSport SA (PTY) LTD bank account, the details of which will be provided on request.
Card transactions will be acquired for WorldSport SA (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by WorldSport SA (PTY) LTD separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
WorldSport SA (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
This website is governed by the laws of South Africa and WorldSport SA (PTY) LTD chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
WorldSport SA (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by WorldSport SA (PTY) LTD based in South Africa and with registration number 1998 / 003533 / 07.
Caltex 2 Dock Road
Telephone: +27 21 426 1752
1.1. WorldSport (PTY) LTD is committed to safeguarding the privacy of visitors to our website.
1.3. We recognise the importance of protecting your privacy in respect of your personal information (as defined in Protection of Personal Information Act 4 of 2013) collected by us when you use this website.
1.4. You are not required to provide any personal information on the public areas of this website. However, you may choose to do so by completing the contact and sign up forms on various sections of our website.
1.6. By continuing to use this website:
1.6.1. You agree that we may “collect, collate, process and/or store” your personal information (as defined in POPI) (“process”) for, amongst other things, (i) the purposes of providing you with access to the website and the website content; and (ii) for any of the purposes.
1.6.2. Where there are reasonable grounds to believe that your personal information has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation. When we notify that your personal information has been accessed or acquired, we will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.
2. What types of personal information do we process?
2.1. The types of personal information that we may process includes information necessary for our legitimate business interest and the categories of personal information defined in POPI. This may include (amongst other things):
2.1.1. Your name and surname, identity or passport numbers, e-mail and physical addresses, postal address, contact information, information relating to your occupation and the pages of the website viewed by you.
2.2. We will limit the types of personal information we process to only that to which you consent and which is necessary for our legitimate business interests.
3. When will we process your personal information?
3.1. Personal information may be processed when:
3.1.1. You complete the relevant contact form on our website;
3.1.2. You browse the website.
3.2. You acknowledge that all personal information processed by us may be stored by us and used for any of the purposes listed below.
4. How do we use your personal information?
4.1. We will only use the information you provide to us on these sections of the website in order to process the relevant contact form.
5. Sharing of your personal information
5.1. You consent that we may disclose your personal information to firm approved third party providers (as referred to below in 5.2.1) where necessary;
5.2. You agree that once your information has been de-identified, i.e.: delete any information that identifies you, personal information may be shared under the following circumstances:
5.2.1. To our agents, advisers, service providers and suppliers (our SEO agency, creative, brand, digital and media agencies) Microsoft, Google and other research agents);
5.2.2. To monitor web traffic: web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;
5.2.3. For statistics purposes: we may perform statistical analyses in order to measure interest in the various areas of the website (for product development purposes);
6. Your rights
6.1. You have the right to request that we correct, destroy or delete any of your personal information that we have processed in accordance with this policy. The personal information that you may request us to correct, destroy or delete is personal information that has been processed that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.
6.2. You have the right to withdraw your consent for us to process your personal information at any time. The withdrawal of your consent can only be made by you on the condition that:
6.2.1. The withdrawal of your consent does not affect the processing of your personal information before the withdrawal of your consent; or
6.2.2. The withdrawal of your consent does not affect the processing of your personal information if the processing is in compliance with an obligation imposed by law on us; or
6.2.3. The withdrawal of your consent does not affect the processing of your personal information where such processing is necessary for the proper performance of a public law duty by a public body;
6.2.4. The withdrawal of your consent does not affect the processing of your personal information as required to finalise the performance of a contract in which you are a party; or
6.2.5. The withdrawal of your consent does not affect the processing of your personal information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
6.3. You have the right to object to the processing of your personal information at any time, on reasonable grounds relating to your particular situation, unless the processing is required by law.
6.4. You can make the objection if the processing of your personal information is not necessary for the proper performance of a public law duty by a public body; or if the processing of your personal information is not necessary to pursue your legitimate interests; our legitimate interests or the legitimate interests of a third party to which the information is supplied.
6.5. You have the right to object to the processing of your personal information, at any time, if the processing is for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications and you have not given your consent for that processing.
6.6. You have the right not to have your personal information processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.
6.7. You have the right not to be subjected to a decision which is based solely on the basis of the automated processing of your personal information intended to provide a profile of you.
6.8. Decisions that you may not be subjected to are decisions that result in legal consequences for you or affect you to a substantial degree:
6.8.1. Without being for the execution of a contract that you have received performance for; or
6.8.2. Decisions made that are not in terms of law or of a code of conduct that specifies what appropriate measure must be taken to protect your legitimate interests.
6.9. You have the right to submit a complaint to the Information Regulator regarding an alleged interference with the protection of personal information processed in accordance with this policy. The Information Regulator’s contact details will be published by the Government in due course in terms of POPI.
6.10. You have the right to institute civil proceedings regarding an alleged interference with the protection of your personal information processed in accordance with these Terms.
7.2. We may place a cookie on your browser to store and sometimes track information about you.
8. Use of IP address
8.1. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.
9. Links to other sites
9.1. When you are using the website, you could be directed to other sites that are beyond our control. These other web sites may send their own cookies to you collect data or solicit personal information. We do not control the privacy policies of those third party web sites.
10. Contact Information
10.1. If you have any questions in relation to the terms and conditions of this website or any other website policies as published, please contact us at: firstname.lastname@example.org
We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from reliance on the information contained in these pages. WorldSport (PTY) LTD has also taken reasonable measures to ensure the integrity of this web site and its contents, however no warranty is given that any files, downloads or applications available via this web site are free of viruses which have the ability to corrupt your system.