ROAG Sports Events Administration

Introduction

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ROAG's relationship with you in relation to this website.

The term "ROAG" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

SUPPLY OF GOODS AND/OR 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.

Goods and/or Services: The goods and/or services provided by ROAG through the website are various services which enable you to interact with various clubs as well as to enter events. These services are offered through third parties that provide their respective services directly to you. ROAG may provide some services directly to you.

Delivery Policy: Subject to availability and receipt of payment, requests will be processed immediately and delivery confirmed by way of email.

Return and Refunds Policy: No refunds or returns will be considered by ROAG.

Payment: If you elect to purchase goods or services, payment will be made indirectly to third parties in accordance with their payment policy. We may provide some services directly to you. Payments may be made online by credit card (Visa, Mastercard, Diners or American Express credit cards); through a payment system; or by virtue of a monthly debit order; or by deduction from payrolls; or by EFT and direct deposits to the ROAG bank account details of which will be provided on request. The payment system allows for review, corrections and withdrawal by you prior to placing final order.

Credit Card acquiring and security (South Africa): Credit Card Transactions will be acquired for ROAG via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to http://www.paygate.co.za/ to view their security certificate and security policy.

Credit Card acquiring and security (Mauritius): Credit and Debit card payments are handled by the Mauritius Commercial Bank (MCB) and governed by the MCB’s terms and conditions and privacy policy. You will be transferred to the MCB secure website to enter your card details and make payment. Your details will be transferred over a secure connection.

Customers details separate from card details: ROAG will not store customer credit card details. Customer details will be stored by ROAG separately to any pages that request credit card details.

Merchant Outlet country and transaction currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa and Mauritius. Transaction currency is South African Rand (ZAR) and Mauritian Rupee (MUR).

Complaints and Disputes: We invite you to file complaints with us via the "Contact Us" service of the website www.roag.org; or you can contact us by way of the contact details set out herein.

Customer Privacy Policy: ROAG shall take all reasonable steps to protect the personal information of users. In this regard see section ROAG PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Responsibility: ROAG 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.

Policies: Our policies are set out in this Agreement below.

USE OF THE SITE

You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa and the Republic of Mauritius, you do so at your own initiative and you are responsible for compliance with applicable local laws.

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:

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
2. any content that constitutes an invasion of privacy or POPIA, as set out herein; or
3. any content that is an infringement of any intellectual property right; or
4. any content that contains software viruses; or
5. any content that constitutes a political statement, commercial solicitation, or "Spam".

Although ROAG 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 these terms and conditions 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, ROAG may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.

You warrant that:

1. you own or otherwise control all rights to any and all content that you may submit to the Site;
2. any use of such content will not cause injury or harm to any person or entity; and
3. you will indemnify ROAG and/or its affiliates, directors, officers and employees, for any and all claims of whatever nature resulting from the submitted content.

By submitting reviews, comments and/or any other content (other than your personal details) to ROAG for posting on the Site, you automatically grant ROAG 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.

The following activities on or through the Site are expressly prohibited:

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 ROAG; and
2. The collection or use of any listings, descriptions, and/or price lists from the Site for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and
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; any attempt to gain unauthorised access to the Site or its related systems or networks; accessing the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and the reverse engineering or decompiling of the Site to: (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Site.

You are responsible for maintaining the confidentiality and security of your User Name and 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. You may not:

1. impersonate another User or any third party; and
2. provide false information to gain access to the Site.

INTELLECTUAL PROPERTY

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 ROAG or its content suppliers and protected by South African, Mauritian and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of ROAG and is protected by South African, Mauritian and international copyright laws.

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 and Mauritian copyright laws or without the prior written permission of ROAG or the copyright owner.

You may not "mirror" any content contained on the Site on any other server unless with the prior written permission of ROAG.

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 ROAG, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ROAG logo or any other proprietary graphic or trademark whatsoever as part of the link without the express written permission of ROAG, its affiliates and/or content suppliers.

All trademarks are and shall remain the exclusive property of ROAG.

The unauthorised 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.

LIMITATION OF LIABILITY

You should note that various elements of the ROAG 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 ROAG Service are virus or error free. We therefore caution you to check all emails, attachments and files before downloading them.

Your dealings with, and interest in, promotions, services or merchants found via the ROAG Service are solely between you and the person with whom you are dealing unless we expressly state otherwise in writing.

We, or merchants and content providers found via the ROAG 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 ROAG Service.

While we make all reasonable efforts to ensure that all information provided by us in connection with the ROAG 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.

Information provided by ROAG does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.

While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the ROAG 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.

OUR LIABILITY TO YOU

Our website may contain links to other websites, apps, content, services or resources on the internet which are operated by subsidiaries and affiliates of the Company or third parties. If you access other websites, apps, content, services or resources using the links provided, please be aware they may have their own privacy policy, and we do not accept any responsibility or liability for these policies or for any personal data which may be collected through these sites. Please check these policies before you submit any personal information to these other websites.

13. Updating Information

We shall not be liable to you in contract, delict (including for negligence) or otherwise:

1. for any amount in respect of any damage or loss arising from the consequences of viruses received by you via the ROAG Service or of our failure to provide the ROAG Service in accordance with this Agreement in excess of the amount that has been received by ROAG from you as payment for the defective product or service provided by ROAG, as at the date of claim; or
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.
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).
4. Each provision of this clause 6 operates separately. If any part is held by a court to be invalid, unreasonable or inapplicable then the other parts shall be severable and shall still apply in their entirety.

CHANGES, SUSPENSION, AND TERMINATION

We may alter and/or amend the ROAG Service at any time without giving notice to you.

We may suspend or terminate the ROAG Service at any time without giving notice to you.

ROAG may terminate your account at any time for any reason, including any improper use of this site or your failure to comply with this Agreement.

Such termination shall not affect any right to relief to which ROAG may be entitled.

Upon termination of this Agreement, all rights granted to you will terminate and revert to ROAG.

ROAG 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.

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.

ROAG PRIVACY AND PROTECTION OF PERSONAL INFORMATION

ROAG's online service is committed to protecting the privacy of our users. We want to provide a safe and secure user experience. We will ensure that the information you submit to us via our webpage at www.roag.org ("The ROAG site") remains private, and is only used for the purposes set out in this policy in accordance with the provisions of the Protection of Personal Information Act (POPIA).

1.1. ROAG recognises the importance of protecting your privacy in respect of your personal information (as this phrase is defined in POPI) collected by us when you use the ROAG site and commits itself to complying with the Protection of Personal Information Act (POPIA), 2013.

1.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organisational steps to prevent unauthorised access to, or disclosure of your personal information, and notify you of any breach in accordance with the requirements of POPIA.

1.3. 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.

1.4. More specifically, in using or continuing to use the ROAG site, you consent to the collection, collation, processing, storage and/or destruction (hereinafter referred to as “process / processing” and as defined in POPIA), of your personal information for the following purposes:

1.4.1. providing you with full functionality associated with ROAG’s online service,

1.4.2. fulfilling any of ROAG’s legal obligations, and

1.4.3. fulfilling the legitimate purpose of ROAG’s business.

1.5. We reserve the right to vary the terms of this Privacy Policy. It is your responsibility to familiarise yourself with the most recent version of this Privacy Policy each time you access the ROAG site.

1.6. The following types of personal information are processed by us:

1.6.1. the categories of personal information identified in POPI. This may include (amongst other things): your name and identity number, e-mail and physical addresses, postal address, contact information, information relating to your race, gender, ethnic or social origin, age, medical conditions, prescription medication, views or preferences and the pages of the ROAG site viewed by you;

1.6.2. next of kin and their contact details;

1.6.3. medical aid information;

1.6.4. race entry information and preferences;

1.6.5. medical assessment results

1.6.6. race results, age classifications and the like;

1.6.7. photographs and videos of participants before and after a race.

1.6.8. Biometrics.

1.7. The personal information is collected and provided to us in the following ways, including but not limited to:

1.7.1. Upon registration as a member;

1.7.2. When using the ROAG site and its various facilities and functions;

1.7.3. When registering for events;

1.7.4. Automatically, when event results are uploaded periodically during and at the end of an event,

1.7.5. Web servers serving the ROAG site automatically collect information about the pages you visit; and

1.8. The personal information is processed by us in the following ways, including but not limited to:

1.8.1. Whenever you use the ROAG site;

1.8.2. to verify your identity on the ROAG site when making use of it;

1.8.3. to record and track your event results and performance over time;

1.8.4. to retain and make available to you information on the ROAG site;

1.8.5. as a user, to notify and authenticate your identity when you view and access your results, information and or data;

1.8.6. for registration with professional bodies and organisations (as the case may be);

1.8.7. for security, administrative and legal purposes;

1.8.8. for maintaining member and sponsor relationships;

1.8.9. to monitor web traffic and for internal review, to tailor information to individual visitors and for traffic audits; and

1.8.10. for helping us in any future dealings with you.

1.9. Disclosing your information to third parties:

1.9.1. By virtue of the nature of ROAG’s business and the services it offers to it members, ROAG will disclose the personal information processed in accordance with this terms and conditions, and your use of our services and the ROAG site signifies your consent to this sharing and disclosing of such information. Furthermore, the sharing and disclosure of such personal information is in accordance with the legitimate purpose of ROAG’s business.

1.9.2. ROAG may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party advertisers on our website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential. ROAG will ensure that the safeguards as required by POPIA are put in place to safeguard your personal information in these circumstances.

1.9.3. ROAG discloses and shares your personal information with the following entities, including but not limited to:

1.9.3.1. Event Organisers;

1.9.3.2. Timing Companies;

1.9.3.3. Medical Aids, Insurance Bodies, and other Health Organisations, registered with us;

1.9.3.4. Advertisers and marketing service providers.

1.10. Your de-identified aggregate personal information may be processed under the following circumstances:

1.10.1. By our agents, advisers, service providers and suppliers;

1.10.2. to monitor web traffic: web servers serving ROAG site automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits. This information (as well as information from third-party market researchers), on an aggregated, anonymous basis, may be provided to advertisers advertising on the ROAG site. Should you provide personal information online as part of an online advertising promotion or in order to access a third-party service, such information may be provided directly to the advertiser or the third party concerned;

1.10.3. promotions: many promotions offer opportunities to request additional information from sponsors or third parties. When you request more information about a particular promotion, your e-mail address may be shared with the sponsor of that promotion;

1.10.4. for statistics and advertisement purposes: we may perform statistical analyses in order to measure interest in the various areas of the ROAG site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" on their advertising banners. We may also use aggregated demographic information to allow advertising banners on the ROAG site to be targeted, in aggregate.

1.10.5. government and law enforcement agencies, where the law requires that we disclose your personal information to a party, and where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of these Terms or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities.

1.11. Your rights

1.11.1. 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 in accordance with this policy, that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.

1.11.2. You have the right to not have your personal information processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.

1.11.3. You have the right to withdraw your consent for us to process your personal information at any time. However, you are advised that withdrawing such consent may prevent or hinder your use of the ROAG site and our services.

1.11.4. The withdrawal of your consent can only be made by you on the following conditions, the withdrawal of your consent does not affect the processing of your personal information:

1.11.4.1. before the withdrawal of your consent; or

1.11.4.2. if the processing complies with an obligation imposed by law on us; or

1.11.4.3. where such processing is necessary for the proper performance of a public law duty by a public body; or

1.11.4.4. as required by law; or

1.11.4.5. as required to finalise the performance of a contract in which you are a party; or

1.11.4.6. 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.

1.12. Objecting to the processing of your personal information.

1.12.1.You have the right to object to the processing of your personal information at any time, on reasonable grounds relating to your situation, unless clause 1.11.4 is applicable.

1.12.2. 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.

1.13. You have the right not to be subjected, to a decision which is solely based on the automated processing of your personal information intended to provide a profile of you. Decisions that you may not be subjected to are decisions that result in legal consequences for you or affect you to a substantial degree without taking appropriate measures to protect your legitimate interests; without being for the execution of a contract that you have received performance for; or 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.

1.14. 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 are:

Information Regulator: [email protected]

1.15. You have the right to institute civil proceedings regarding an alleged interference with the protection of your personal information processed in accordance with this policy.

CHANGES TO OUR PRIVACY POLICY

This privacy policy may be changed by ROAG at any time. If we change our privacy policy in the future, we will set out those changes here, so that you will always know what personal information we gather, the purposes we might use it for and to whom we might disclose it. If, at any time, you have questions or concerns about ROAG's online privacy commitment, please feel free to e-mail us at [email protected] or [email protected].

ROAG CONTACT DETAILS (South Africa)
Email: [email protected]
Phone: +27 79 100 6164

ROAG CONTACT DETAILS (South Africa)
Email: [email protected]
Phone: +230 5705 5162

USE OF COOKIES

The ROAG site uses cookies.

A cookie is a small data file which is sent from a web server to a web browser when that browser visits the server's site. Cookies may be used on the ROAG website to remember your login, to track web traffic on an aggregate basis so that no individuals are identified and to keep session information such as your last search (this information is disposed of every time you close your web browser). Most browsers allow you to turn-off cookies. If you want to know how to do this, please look at the help menu on your browser. However, switching off cookies will restrict your use of our website. Please refer to the ROAG Cookie Policy, as amended from time to time, for further assistance and information.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by the laws of the Republic of South Africa and the Republic of Mauritius, and you consent to the jurisdiction of the Pietermaritzburg High Court (South Africa) and the District Court of Upper Plaine Wilhems (Mauritius) in the event of any dispute arising from these terms and conditions. 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 you and us with regard to the use of the Site.