4Racing Proprietary Limited
(Registration Number: 2020/099054/07)
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.
1.1 “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.
1.11 “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.
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.
2.9 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.
3.2 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:
4.5.2 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
5.2 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
7 Intellectual Property Rights
8 Personal Information
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.