1. WELCOME
Welcome and thank you for using the BSG Energade Triathlon Series official website (the “website”) which is hosted and managed by Business Systems Group (Africa) (Pty) Ltd (“BSG”) in the Republic of South Africa.
2. GENERAL TERMS AND CONDITIONS
2.1 Entries to the BSG Energade Triathlon Series submitted via this website are subject to the terms and conditions as stated below, to the exclusion of all other terms.
2.2 Triathlon events are physically challenging events and as such carry the ordinary benefits and risks of strenuous physical activity. Your attention is specifically drawn to the exclusions of liability in paragraph 2.4 below and to the Race Rules in section 3.
2.3 Any person who uses this website or enters the BSG Energade TriSeries via this website agrees to the terms and conditions contained herein. Where you submit an entry on behalf of any other person, you represent and warrant that you are authorised to do so and to accept these terms and conditions on their behalf. Minors (less than 18 years of age) must be assisted by their parent or legal guardian when submitting an entry.
2.4 Neither BSG, Tiger Brands nor their successors, assigns, subsidiaries, associates, affiliates, officers, directors, employees, agents and contractors (the “indemnified parties”) shall be liable to any entrant, participant or his or her dependants for any damages, loss, claim, judgment, or other liability or expense (including, but without limitation, direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused) whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable of whatever kind or nature, including whether for death, personal injury, property damage, or theft, that may be sustained as a result of the use of this website or that may arise before, during or after participation in any of the BSG Energade Triathlon Series events or any recommended training programmes for such events and the entrant indemnifies the indemnified parties against all such claims that may be brought against them in this regard. Persons accepting this waiver and indemnity on behalf of other persons or in their capacity as parent or legal guardian of a minor hereby agree to such persons or minors being bound by the aforegoing and hereby further indemnify the indemnified parties against any claims brought against them by any such persons or minors.
2.5 This website and its contents are provided on an "as is" and "as available" basis. BSG makes no representations or warranties of any kind, whether express or implied including, without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or the website’s suitability for any particular purpose. BSG does not warrant that the functions provided by the website will be uninterrupted or error free, or that the Website or the server which makes it available are free from viruses or other harmful components.
2.6 If any provision of these terms and conditions is found to be unenforceable or invalid, such term or condition shall be severable from the remaining terms and conditions which shall remain enforceable and applicable.
2.7 Any failure by BSG to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.
2.8 These terms and conditions constitute the entire agreement between BSG and a website user or entrant into the BSG Energade Triathlon Series. No variation of or modification to these terms and conditions shall be of any force and effect unless posted to this website by BSG or unless agreed to in writing by both BSG and you.
2.9 These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa.
2.10 Notwithstanding any other provisions contained herein, BSG Energade Triathlon Series’ liability whether in contract or delict arising from any breach of any obligation in terms of these terms and conditions, negligence or otherwise shall not exceed at any time the value of a refund of an entry fee paid by an entrant.
3. TERMS AND CONDITIONS OF PAYMENT
To enter on the Website you must be the holder of a valid credit card or other form of electronic payment accepted by this site.
3.1 ONLINE ENTRIES
To enter online you will be required to provide certain information including personal details, etc. BSG will only use the personal information in accordance with the privacy policy contained herein.
3.2 DETAILED DESCRIPTION OF GOODS AND/OR SERVICES
Business Systems Group (Africa) (Pty) Ltd is a business in the Information Technology industry that further organises the BSG Energade Triseries. This site facilitates the online entry and purchase of entries to the BSG Energade Triseries event.
3.3 DELIVERY POLICY
An entry is only confirmed and accepted once payment by means of a credit or debit card has been processed and received. Do not navigate away from the transaction page until your payment has been processed. Please print out the confirmation of entry once your payment has been processed.
3.4 RETURN AND REFUNDS POLICY
Once your entry has been completed and accepted, it may not be cancelled, and the Race Organisers will not refund entry fees if you are unable to race for any reason.
3.5 PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express credit cards.
3.6 CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for Business Systems Group (Africa) (Pty) 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 www.paygate.co.za to view their security certificate and security policy.
Further, the BSG Energade Triseries website uses industry standard Secure Socket Layer (SSL) encryption technology to protect your personal information as they are transmitted over the Internet. Users may go to www.bsgenergadetriseries.co.za to view the security certificate.
3.7 CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Your user information will be stored by Business Systems Group (Africa) (Pty). Credit card details are entered and stored separately, on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
3.8 ACCESSING RECORDS
Customers can access a full history of transactions from their profile on this website.
3.9 MERCHANT OUTLET COUNTRY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
3.10 TRANSACTION CURRENCY AND COSTS
Transaction Currency is South African Rand (ZAR), all prices include VAT. There are no shipping costs.
3.11 RESPONSIBILITY
Business Systems Group (Africa) (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.
3.12 COMPANY INFORMATION
This website is hosted and managed by Business Systems Group (Africa) (Pty) Ltd, registration number 1996/012533/07 based in South Africa. Business Systems Group (Africa) contact details:
• Customer Service: triseries@bsg.co.za
• Customer Service: +27 11 215 6666
• Physical Address: 33 Fricker Road, Illovo Boulevard, Illovo, 2196
• Please visit us at www.bsg.co.za
4. PRIVACY POLICY
BSG Africa (Proprietary) Limited ("BSG") is committed to the protection of your privacy and will take all reasonable steps to protect any personal information ("personal information") which you may provide us with from time to time via this website. Our privacy policy indicates what we do with your personal information and what you can do to protect that information. We treat your personal information with care.
All photographic, sound and video material of participants made by the organisers or their assignees during any activity deemed to be part of the BSG Energade Tri-series activities shall be the exclusive property of BSG and free for publication and use by BSG or its successors in title in any matter relating to BSG Energade Tri-series at any time in the present or future without payment of royalties or compensation to any person appearing therein.
BSG may collect information relating to your use of our website and will store any personal information that you provide us with via this website.
BSG shall be entitled to use your personal information for purposes connected with the reason that you entered the information on the website.
BSG will take reasonable measures to delete personal information that has become obsolete. Over the period that your personal information is being used and for a period of at least 1 (one) year thereafter, BSG will keep a record of your personal information and the purpose for which it is stored.
Should you so request, in writing, we will delete your personal information.
You acknowledge and accept that BSG cannot take any responsibility for any of your personal information that is collected outside the scope of this agreement by any intermediary or other third party whether or not any data relating to you is conveyed through such party's network or computers.
You give permission that if there is a change of ownership at BSG, then your personal information can be transferred to the new owner, provided that the new owner will not dilute your rights and obligations regarding the personal information as set out in this privacy policy that had been collected before such transfer.
Your personal information will not be sold, divulged or made available to any third party except as mentioned in this policy and unless required or permitted by law.
Although BSG will take all reasonable measures to protect your personal information, should it fail to do so for any reason, you acknowledge that you will have no claim whatsoever against BSG.
This privacy policy may be revised and updated. Please check it each time you access this site as your continued use of this site means that you accept those revisions and updates.