4Racing Proprietary Limited
(Registration Number: 2020/099054/07)
Terms of Use

THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITE AND SERVICES.

BY REGISTERING TO ACCESS AND USE THE SERVICES OR USING THE WEBSITE YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IN THE EVENT THAT YOU ARE REPRESENTING A COMPANY OR OTHER ENTITY, YOU REPRESENT TO 4RACING THAT YOU ARE DULY AUTHORISED TO DO SO AND THAT THESE TERMS OF USE CONSTITUTE VALID AND BINDING OBLIGATIONS ON SUCH COMPANY OR ENTITY, IN WHICH CASE “YOU” AND “YOUR” SHALL REFER TO SUCH COMPANY OR ENTITY

IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS THE SERVICES.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSES 11 AND 12 THAT LIMIT THE RISK AND LIABILITY OF 4RACING, AND IMPOSE AN OBLIGATION ON YOU TO INDEMNIFY 4RACING AND OTHER PARTIES.

1 Definitions

1.1 “4Racing” refers to 4Racing Proprietary Limited, a private company duly registered in terms of the laws of the Republic of South Africa with registration number 2020/099054/07.
1.2 “Account” refers to an account created by you on the Website and/or App.

1.3 “App” refers to the 4Racing mobile and/or smart TV application;
1.4 “Business Day” refers to any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa.
1.5 “Cookies” refers to small pieces of information stored on your hard drive which help you to navigate the Website as easily as possible.
1.6 “Content” refers to horseracing and other related audio-visual content made available by 4Racing by way of the Services.
1.7 “Devices” refers to internet-connected televisions, computers, tablets and mobile devices.
1.8 “Fee” refers to the fees payable to 4Racing determined in accordance with clause 6.1.
1.9 “Personal Information” refers to personal information as defined in the Protection of Personal Information Act, 4 of 2012.
1.10 “Privacy Policy” refers to 4Racing’s privacy policy, a copy of which is available on the Website.
1.11 “Services” refers to the on demand streaming video subscription services provided by 4Racing which enables subscribers to access the Content over the internet via the Website, the App and/or any other medium used by 4Racing from time to time.
1.12 “Subscription Package” refers to the type of Services purchased by you using your Account.
1.13 “Territory” refers to the country in which you are situated, selected by you when you register your Account.
1.14 “These/the Terms of Use” refers to these terms of use. 1.15 “Website” refers to, and includes any part or element of, www.4racing.TV, and any sub-site or other website owned or used by 4Racing from time to time.

2 Registration

2.1 In order to use the Services, you will be required to register an account and subscribe for the Services on the Website or by downloading and launching the App on a supported device. During the registration process, you will be required to submit certain of your Personal Information to 4Racing, such as your names, e-mail address and billing information.
2.2 You confirm that all of the information that you provide for purposes of clause 2.1 above is accurate and complete in all respects and you undertake to notify 4Racing of any changes to such information by editing your Account information timeously.
2.3 Once your Account has been successfully created, you will receive an e-mail confirming your registration.
2.4 Upon registration of your Account, you will be requested to select a Subscription Package from the options displayed on the Website and/or the App, as the case may be.
2.5 After you have selected a Subscription Package, you will be required to pay the Fees applicable thereto. Against receipt of such payment, 4Racing hereby grants you a non-exclusive and non-transferable right to access and use the Services forming part of the Subscription Package on the terms contained herein and any specific terms applicable to your Subscription Package published on the Website and/or the App from time to time.
2.6 The applicable Services will be available to you immediately on commencement of your Subscription Package.
2.7 You will be entitled to request to change your Subscription Package at any time. Any such change will only take effect on the date of renewal of your then applicable Subscription Package. This allows you to continue to use the Subscription Package that you have paid for until the expiry thereof, following which your new Subscription Package will apply.
2.8 Your Account is for your personal use, and you shall be responsible for securing your Account login details. You will not, save as contemplated in these Terms of Use, share your Account login details with any third party or permit any third party to gain access to your Account.
2.9 If the security or confidentiality of your Account is compromised or you believe that a third party has gained unauthorised access to your Account, you will notify 4Racing in writing and ensure that the password for that Account is changed immediately. You shall be responsible for all transactions performed using your Account login details.

3 Duration

3.1 Your Subscription Package will commence on the date of receipt by 4Racing of the corresponding Fees and will, unless terminated earlier in accordance with these Terms of Use, continue until terminated in accordance with these Terms of Use.
3.2 The duration of your Subscription Package may depend on the type of Subscription Package and the billing cycle selected by you when you purchased the Subscription Package.
3.3 If you wish to cancel your Subscription Package you are required to submit a request to cancel via the Website by logging into your account at [INSERT LINK], navigating to “My Account” and selecting “Unsubscribe”. Your Subscription Package will be terminated with effect from the date of expiry of the then applicable billing cycle.

4 Use of the Services

4.1 The Services are available for private, non-commercial use in the Territory only. You may only access and use the Services included in your Subscription Package via your Device(s) in the Territory. The Content that will be available to you may vary by geographic location and change over time.
4.2 You may not sell or levy any charge for watching the Content or using any part of the Services or show any part of the Content in public to an audience, even if no charge is levied therefor.
4.3 The number of Devices on which you may access and use the Services and view the Content per Account is limited to 5 (five). You will require access to internet in order to use the Services and you will be liable for all costs associated therewith, including but not limited to data and connection costs. These costs are not included in the Services, and you are encouraged to check with your internet provider for information on such costs.
4.4 The quality of the display of the Content may vary depending on, amongst others, the Device you use to access the Services, your location, the speed and type of your internet connection and the format in which the Content is available. Not all Content will be available in high definition and the type of Subscription Package that you purchase may also determine the quality of the Content.
4.5 You undertake to:
4.5.1 only use the Services in accordance with these Terms of Use, for the purposes for which they are intended and for no other use;
4.5.2 not reverse engineer, decompile or disassemble the Website, the App, the Services and/or the Content or attempt to do so;
4.5.3 not attempt to gain unauthorised access to the Services or related systems or networks;
4.5.4 use any scraper or other automated means to access the Services or the Content;
4.5.5 not copy the Website, the App, the Services and/or the Content or any part, function or feature thereof;
4.5.6 not circumvent, remove, alter, deactivate, degrade or thwart any of the protections in respect of the Website, the App, the Services, the Content and/or your Account, including VPN blockers or programmes having the same or similar effect; and
4.5.7 not use any code, software or device to interfere or attempt to manipulate the Website, the App, the Services, the Content and/or your Account or any part, function or feature thereof and/or interfere with their proper working.

5 4Racing’s Responsibilities

5.1 Subject to your payment of all Fees and compliance with these Terms of Use, 4Racing will make the Services available to you in accordance with the Subscription Package purchased.
5.2 4Racing will use its reasonable commercial endeavours to ensure that the Services purchased are available 24 hours a day, 7 days a week, save for planned downtime (of which you will be given advance notice) and downtime caused by circumstances beyond 4Racing’s control, including but not limited to failures or delays caused by third parties such as your internet service provider, failures or incompatibility of your hardware, software conflicts, malware or viruses or electricity outages.

6 Fees and Payment

6.1 The Fees payable by you to 4Racing shall be the amounts published by 4Racing on the Website and/or the App, as may be updated or amended by 4Racing from time to time in its sole discretion.
6.2 You authorise 4Racing to charge any payment method registered with your Account with the Fees. You remain responsible for any uncollected Fees due to your payment method being declined. If a payment is not successfully settled and you have not cancelled your Subscription Package, 4Racing may suspend your access to the Services until it has received payment of the outstanding Fees.
6.3 Payment of the Fees are not linked to your usage of the Services. YOU WILL NOT BE ENTITLED TO A FULL OR PARTIAL REFUND OF THE FEES IN THE EVENT THAT YOUR ACCOUNT OR SUBSCRIPTION PACKAGE IS TERMINATED BEFORE THE EXPIRY OF THE APPLICABLE BILLING CYCLE.

7 Intellectual Property Rights

7.1 The Website, the App, the Services and the Content are proprietary to 4Racing. Except as provided for in these Terms of Use, no licence or any other right is granted to you in respect of the Website, the App, the Services and the Content and you will not, and will not permit any third party to, archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, create derivative works from the Website, the App, the Services and the Content without 4Racing’s prior written consent.
7.2 You acknowledge and agree, as between you and 4Racing:
7.2.1 All intellectual property rights in and to the Website, the App, the Services and the Content, including all source information, data and code, vest in 4Racing.
7.2.2 You will not, and shall not permit or assist any third party, to infringe 4Racing’s rights in and to the Website, the App, the Services and the Content.
7.2.3 You will not challenge, question or dispute 4Racing’s right, title and interest to any of its intellectual property rights in and to the Website, the App, the Services and the Content, the ownership thereof or assist any other person or entity to do so.

8 Personal Information

8.1 4Racing receives, processes and secures your Personal Information in accordance with its Privacy Policy. You hereby confirm that, as the party providing Personal Information, you agree to the terms of the Privacy Policy and undertake to be bound by the provisions thereof.
8.2 You consent to the processing of your Personal Information for purposes of these Terms of Use.
8.3 4Racing does not and will not assume any obligations with respect to your Personal Information or the use of your Personal Information other than as set out in these Terms of Use, the Privacy Policy or in terms of any applicable laws.

9 Cookies

4Racing, in accordance with its Privacy Policy, might store certain information on your computer when you view or access the Website in the form of a Cookie or similar file. You have the option of setting your browser to reject Cookies. However, doing this will hinder performance and negatively impact your experience on the Website.

10 Suspension / Deletion

10.1 4Racing shall be entitled, with or without notice, to suspend (for such period as 4Racing in its sole discretion determines to be appropriate) or delete your Account and/or your Subscription Package, if you engage in any activities which, in 4Racing’s sole discretion, would constitute a breach of these Terms of Use, contravention of any law and/or a violation and/or infringement of any rights of a third party.
10.2 On the suspension, deletion, termination or expiry of your Account and/or your Subscription Package, as the case may be, all Content downloaded to your Device(s) will be automatically deleted from your Device(s).

11 Disclaimer

11.1 The Website, the App, the Services and the Content are provided "as is" without any warranties, including but not limited to express or implied warranties of merchantability, fitness for a particular purpose, compatibility of the Website, the App, the Services and the Content with your software or Devices, title and non-infringement or about their suitability, reliability or accuracy.
11.2 Whilst 4Racing uses all reasonable commercial endeavours to ensure that the Website, the App, the Services and the Content are accurate and lawful, they may contain inaccuracies or errors or be unlawful. 4Racing accepts no responsibility or liability for any inaccurate, unlawful or erroneous content.

12 Exclusion of Liability and Indemnity

You absolve 4Racing and its employees, officers, directors, contractors and agents (“the Indemnified Parties”) from all liability and indemnify them from any claim by any person for damages or loss of whatever nature (including but not limited to consequential damages or special damages) arising directly or indirectly from your use of the Website, the App, the Services and the Content whatever the cause/causes are (including any negligent act or omission by any of the Indemnified Parties), save only for the exclusion of gross negligence and intentional action on the part of the Indemnified Parties.

13 General

13.1 Marketing: You hereby consent to 4Racing using your information to contact you about promotions and services. You are entitled, at any stage, to opt out of these communications by clicking on the "Unsubscribe" option on the communication.
13.2 Applicable Law and Jurisdiction: These Terms of Use shall be governed by and interpreted in accordance with South African law. You consent to the jurisdiction of South African courts and agree that any dispute arising out of these Terms of Use or the interpretation thereof, both while in force and after its termination howsoever arising shall be submitted to and determined by a court of law in the Republic of South Africa.
13.3 Whole Agreement: These Terms of Use, any specific terms published on the Website and/or the App and any debit authorisation form signed by you authorising 4Racing to debit your account with the Fees constitute the whole agreement between 4Racing and you with respect to the Services and your Subscription Package. No agreement, representations or warranties, other than those set out in these documents will binding on the parties.
13.4 Changes: 4Racing may, from time to time, and in its sole discretion, amend these Terms of Use. Such changes will be effected by way of publication thereof on the Website, and you waive any right you may have to receive specific notice of such changes or modifications.
13.5 Waiver: No latitude, extension of time or other indulgence which may be given or allowed by 4Racing to you in respect of the performance of any obligation or enforcement of any right arising from these Terms of Use and no single or partial exercise of any right by 4Racing shall under any circumstances be construed to be an implied consent by 4Racing or operate as a waiver or a novation of, or otherwise affect any of 4Racing’s rights in terms of or arising from these Terms of Use or estop 4Racing from enforcing, at any time and without notice, strict and punctual compliance with each and every provision of these Terms of Use.
13.6 Notices: You choose the e-mail address submitted to 4Racing in connection with your Account, as may be updated from time to time, as your domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purposes of these Terms of Use. All such notices, legal processes and other communications will be delivered to you in electronic form only.
All notices, legal processes and other communications must be delivered to 4Racing for the purposes of these Terms of Use by e-mail to the following address: E-mail: [.]
Any notice to a party delivered by email to its chosen e-mail address, unless the contrary is proved, shall be deemed to have been received on the day of delivery or transmission as the case may be.