These Terms and Conditions govern your use of the Trackdayphotos website located at the domain name www.trackdayphotos.co.za. By accessing and using the Website, the user agrees to be bound by the Terms and Conditions set out in this legal notice. The user may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of Trackdayphotos.
Electronic Communications
By using this website or communicating with Trackdayphotos by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
www.trackdayphotos.co.za sells photographic images online. The use of any product or service bought from this website is at the purchaser’s risk. The purchaser/ user indemnifies and holds Trackdayphotos harmless against any loss, injury or damages which may be sustained as a result of using the products sold on www.trackdayphotos.co.za.
The private information required for executing the orders placed through the e-commerce facility, namely the user’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Trackdayphotos and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by Trackdayphotos under any circumstances.
Trackdayphotos cannot be held responsible for security breaches occurring on the user’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the user may inadvertently have installed on his/her device.
Trackdayphotos will supply all goods to the delivery company in good order. Trackdayphotos will not be held liable for the condition of goods arriving at the user’s chosen delivery address.
Credit Card Acquiring – Payment Gateway
Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.mygate.co.za to view MyGate’s security policy
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, Trackdayphotos will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.
Trackdayphotos reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet Trackdayphotos’s standards. Should Trackdayphotos exercise this right, the user will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to Johan Engelbrecht, info@trackdayphotos.co.za.
Updating of these Terms and Conditions
Trackdayphotos reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to www.trackdayphotos.co.za. It is the user’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The user’s continued use of www.trackdayphotos.co.za following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates
Copyright and Intellectual Property Rights
Trackdayphotos provides certain information at www.trackdayphotos.co.za. Content currently or anticipated to be displayed at www.trackdayphotos.co.za is provided by Trackdayphotos, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs. All such proprietary works, and the compilation of the proprietary works, are copyright of Trackdayphotos, its affiliates or subsidiary, or any other third party owner of such rights, and is protected by South African and international copyright laws. Trackdayphotos reserve the right to make any changes to www.trackdayphotos.co.za, the content, or to products and/or services offered through www.trackdayphotos.co.za at any times and without notice. All rights in and to the content is reserved and retained by Johan Engelbrecht. Except as specified in these Terms and Conditions, the user is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.
Limitation of liability
www.trackdayphotos.co.za and all content on www.trackdayphotos.co.za, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Trackdayphotos make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Trackdayphotos nor any holding company, affiliate or subsidiary of Trackdayphotos, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of www.trackdayphotos.co.za or any functionality thereof, or of any linked websites, even if Trackdayphotos is expressly advised thereof.
Privacy: casual surfing
The user may visit www.trackdayphotos.co.za without providing any personal information. www.trackdayphotos.co.za servers will in such instances collect the IP address of the user computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at www.trackdayphotos.co.za, pages viewed, etc. Trackdayphotos uses this information to determine use of the website, and to improve content thereon. Trackdayphotos assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
www.trackdayphotos.co.za is controlled, operated and administered by Trackdayphotos from its offices within the Republic of South Africa. Access to www.trackdayphotos.co.za from territories or countries where the content or purchase of the products sold on www.trackdayphotos.co.za is illegal is prohibited. The user may not use www.trackdayphotos.co.za in violation of South African export laws and regulations. If the user accesses www.trackdayphotos.co.za from locations outside of South Africa, that user is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. 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 Trackdayphotos and the user with regard to the use of the content and www.trackdayphotos.co.za.
