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- 1.1 “the Service” means the car shuttle service rendered by World Sport (pty) LTD to the User in terms of this Agreement;
- 1.2 “Collection Point” means the place at which the User’s vehicle is dropped off for the first time for purposes of using the Service;
- 1.3 “Driver” means a person contracted by World Sport (pty) LTD as a driver;
- 1.4 “Drop Off Point” means the venue where the User collects his/her vehicle on completion of the Service;
- 1.5 “Service Area” means the geographical area within which World Sport (pty) LTD provides its service, which may be extended by World Sport (pty) LTD from time to time as posted on the Website
- 1.6 “World Sport (pty) LTD” means World Sport (pty) LTD and includes all other entities in the World Sport (pty) LTD group or in whatsoever manner directly or indirectly trading under the World Sport (pty) LTD brand
- 1.7 “the User” means the person who signs the Agreement and who enters into this agreement with World Sport (pty) LTD
- 1.8 “the Website” means the internet website www.travel.worldsport.co.za utilized by World Sport (pty) LTD to communicate all relevant, new and updated information
- 1.9 “The Agreement” means this agreement together with any other document signed by the User
- 1.10 “Effective Date” means the date of acceptance of the terms of this agreement by the User on the Website.
- 1.11 “CPA” means the Consumer Protection Act 68 of 2008 and the regulations promulgated thereunder.
- 2.1 The User agrees that World Sport (pty) LTD accepts no liability for vehicles not collected after any day of the Event (including but not limited to any of the Wines2Whales event days) by 4pm, even if still in the Service Area.
- 3.1 World Sport (pty) LTD undertakes to endeavour to take reasonable care in providing the Service.
- 3.2 The User expressly acknowledges that the Service is inherently risky and accordingly agrees to indemnify World Sport (pty) LTD from being held responsible or liable for any material damage to property, directly or indirectly, consequential or otherwise arising from the Service .
- 3.3 The User hereby irrevocably indemnifies World Sport (pty) LTD, its directors and employees against any claim for material damages to property which may be instituted against any one or more of them by the User, his estate or successors in title, arising out of or in connection with, any negligent conduct of World Sport (pty) LTD, its directors or employees.
- 3.4 The User expressly acknowledges that the Service is for the User’s use only.
- 3.5 World Sport (pty) LTD does not warrant the Service to the User in case of unforeseen eventualities.
- 3.6 The User warrants that the appropriate insurance cover is in place in respect of the User’s motor vehicle and extends to alternate drivers and alternate drivers under the age of 25 driving the User’s motor vehicle, so as to include any World Sport (pty) LTD representative providing the Service.
- The parties agree that the Agreement is the full and final agreement between the parties and no representations, warranties, terms and conditions not recorded in this document shall form part of the Agreement. No variation of the Agreement shall be of any force or effect unless in writing and agreed to by both parties.
- World Sport (pty) LTD shall not be liable for any failure to fulfil its obligations under the Agreement to the extent that such failure is caused by any circumstances beyond its reasonable control, including but not limited to flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions or acts of God.
- 6.1 The User acknowledges that World Sport (pty) LTD communicate by SMS (short message service) and by e-mail (electronic mail) and hereby agrees that no communication received by the User in this manner will be regarded as unsolicited communication as contemplated in the CPA.
- 6.2 The User hereby consents to World Sport (pty) LTD sending e-mail and SMS communication to the e-mail address and cellular telephone number provided in this agreement.
- 6.3 Should any of the provisions of the Agreement be in conflict with the CPA and /or the Electronic Communications and Transactions Act 25 of 2002, and the Regulations promulgated hereunder, these Acts and Regulations shall prevail. Such a conflict will not invalidate the remainder of the terms of the Agreement.