1.1. IMPORTANT NOTICE: These Terms and Conditions set out the
terms of the agreement between you and us ("the Agreement") under
which we will provide you with access to the information and
services we offer from time to time via the SA Sailing management
system website located at http://sasms.sasailing.org ("the Site").
It is, therefore, very much in your interests to read them
1.2. If there is anything in this Agreement that you do not
understand then please contact us as soon as possible by calling
South African Sailing (http://www.sailing.org.za/default/contact).
2. SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC
COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("The Act")
2.1. Insofar as this Agreement falls within the ambit of the Act,
the following information is made available to you in respect of
the supply of goods and/or services offered for sale, hire or
exchange by way of an electronic transaction:
2.1.1. All our contact details are set out in clause 10
2.1.2. Goods and/or Services: The goods and/or services provided
through the website are various services which enable you to
interact with South African Sailing. These services are offered
through third parties that provide their respective services
directly to you. We may provide some services directly to
2.1.3. Payment: If you elect to purchase goods or services,
payment will be made indirectly to third parties in accordance with
their payment policy. We may provide some services directly to you.
Payments may be made online by credit card, through a payment
system which utilises  bit encryption, or by virtue of a
monthly debit order, or by deduction from payrolls, or by EFT and
direct deposits. The payment system allows for review, corrections
and withdrawal by you prior to placing final order.
2.1.4. Complaints and Disputes: We invite you to file complaints
with us via the "Contact Us" service of the website http://www.sailing.org.za/default/contact
or you can contact us by way of the contact details set out in
clause 10 below. We do not currently subscribe to any alternative
dispute resolution code or mechanism.
2.1.5. Policies: Our policies are set out in this Agreement
3. USE OF THE SITE
3.1. You agree to use the Site for lawful purposes only. Without
derogating from the generality of the aforegoing, if you should
choose to access or use this Site from locations other than the
Republic of South Africa, you do so at your own initiative and you
are responsible for compliance with applicable local laws.
3.2. You are prohibited from posting or transmitting, by means of
reviews, comments, suggestions, ideas, questions or other
information through the Site, any content which is, unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually-explicit, profane or hateful, or racially,
ethnically or otherwise objectionable content of any kind, which
includes but is not limited to:
3.2.1. any content that encourages conduct that would constitute a
criminal offence or give rise to civil liability, or otherwise
violate any applicable local, provincial, national, or
international law; or
3.2.2. any content that constitutes an invasion of privacy;
3.2.3. any content that is an infringement of any intellectual
property right; or
3.2.4. any content that contains software viruses; or
3.2.5. any content that constitutes a political statement,
commercial solicitation, or "Spam".
3.3. Although SAS Member management does not purport to review
(nor is it under any obligation to review) any submitted content,
it reserves the right to remove any content from the Site where it
deems such content, in its sole and absolute discretion, to be an
infringement of Clause 1 or harmful in anyway whatsoever. Should
you place on or submit to the Site any such harmful content or
should you breach any clause in these Terms and Conditions, SAS
Member management may immediately terminate and/or suspend your
access to all or parts of the Site, without any further notice to
3.4. You warrant that:
3.4.1. you own or otherwise control all rights to any and all
content that you may submit to the Site;
3.4.2. any use of such content will not cause injury or harm to
any person or entity; and
3.4.3. you will indemnify SAS and/or its affiliates, directors,
officers and employees, for any and all claims of whatever nature
resulting from the submitted content.
3.5. By submitting reviews, comments and/or any other content
(other than your personal details) to SAS Member management for
posting on the Site, you automatically grant SAS and its affiliates
a non-exclusive, royalty-free, perpetual, irrevocable right and
licence to use, reproduce, publish, translate, sub-licence, copy
and distribute such content in whole or in part worldwide, and to
incorporate it in other works in any form, media, or technology now
known or hereinafter developed for the full term of any copyright
that may exist in such content. Subject to this licence, you retain
any and all rights that may exist in such content.
3.6. The following activities on or through the Site are expressly
3.6.1. Any non-personal or commercial use of any robot, spider,
other automatic device or technology, or manual process to monitor
or copy portions of the Site or the content contained thereon,
without the prior written authority of SAS; and
3.6.2. The collection or use of any listings, descriptions, and/or
price lists from the Site for the benefit of a competing merchant
that supplies products comparable to those offered on the Site;
3.6.3. Any use or action that imposes an unreasonable or
disproportionately-large load of traffic on the Site, or otherwise
interferes with the proper and timely functioning of the
3.6.4. any attempt to gain unauthorised access to the Site or its
related systems or networks;
3.6.5. accessing the Site for purposes of monitoring its
availability, performance or functionality, or for any other
benchmarking or competitive purpose; and
3.6.6. the reverse engineering or decompiling of the Site to: (i)
build a competitive product or service; (ii) build a product using
similar ideas, features, functions or graphics of the Service;
(iii) copy any ideas, features, functions or graphics of the
3.7. You are responsible for maintaining the confidentiality and
security of your User Name and Password for access to the Site and
you accept full liability for all activities that occur on or
related to the Site under your User Name. You may not:
3.7.1. impersonate another User or any third party; and
3.7.2. provide false information to gain access to the Site.
3.8. All event registrations and/or entries are subject to
confirmation from either SAS or the event organisers. Your
confirmation will be subject to event-specific minimum criteria
4. INTELLECTUAL PROPERTY
4.1. All content included on this web site, such as text,
graphics, logos, buttons, icons, images, photographs, audio clips,
databases and software ("the Content"), is the property of SAS or
its content suppliers and protected by South African and
international copyright laws. Furthermore, the compilation (meaning
the collection, arrangement, and assembly) of all content on this
web site is the exclusive property of SAS and is protected by South
Africa and international copyright laws.
4.2. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or
otherwise, except as permitted by the fair use privilege under the
South African copyright laws or without the prior written
permission of SAS or the copyright owner.
4.3. You may not "mirror" any content contained on the Site on any
other server unless with the prior written permission of SAS.
4.4. You are granted a limited, revocable, and non-exclusive right
to create a hyperlink to the home page of the Site, provided that
the link does not portray SAS, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use any SAS logo or any other proprietary
graphic or trademark whatsoever as part of the link without the
express written permission of SAS, its affiliates and/or content
4.5. All trademarks are and shall remain the exclusive property of
4.6. The unauthorised submission, removal, modification or
distribution of copyrighted or other proprietary Content is illegal
and could subject you to criminal prosecution as well as to
personal liability for damages.
5. LIMITATION OF LIABILITY
5.1. You should note that various elements of the SAS Member
management Service are not provided by us but instead by other
companies. We are therefore unable to guarantee that such products
and services or any websites accessible via the SAS Member
management Service are virus- or error-free. We therefore caution
you to check all emails, attachments and files before downloading
5.2. Your dealings with, and interest in, promotions, services or
merchants found via the SAS Member management Service are solely
between you and the person with whom you are dealing unless we
expressly state otherwise in writing.
5.3. We, or merchants and content providers found via the SAS
Member management Service, may provide links to other websites or
resources. We are unable to accept, and do not accept,
responsibility for these websites or resources; nor have we
endorsed their content, products or services merely because they
are accessible via the SAS Member management Service.
5.4. While we make all reasonable efforts to ensure that all
information provided by us in connection with the SAS Member
management Service is accurate at the time of its inclusion on the
Site, you acknowledge and understand that there may be errors,
inaccuracies or omissions in respect of which we exclude all
liability. We make no representations, guarantees or warranties of
any nature whatsoever concerning the information included on our
web pages (including, but not limited to, links to third parties'
web pages). You shall be solely responsible for any decisions or
actions you take based on the information contained on such web
5.5. Information provided by SAS Member management does not
constitute legal or professional advice and should not be relied
upon as such without taking independent advice.
5.6. While we take all reasonable steps to safeguard the security
of any information you input or send to us in connection with the
SAS Member management Service, by using secure services and
encryption technology where we deem appropriate, we accept no
responsibility or liability whatsoever for any damages that you may
suffer as a result of the breach of confidentiality of such
6. OUR LIABILITY TO YOU
6.1. We shall not be liable to you in contract, delict (including
for negligence) or otherwise:
6.1.1. for any amount in respect of any damage or loss arising
from the consequences of viruses received by you via the SAS Member
management Service or of our failure to provide the SAS Member
management Service in accordance with this Agreement in excess of
the amount that has been received by SAS Member management from you
as payment for the defective product or service provided by SAS, as
at the date of claim; or
6.1.2. for any economic losses, any indirect, special or
consequential loss, loss of data, goodwill or reputation or any
wasted expenditure including but not limited to losses caused by
6.1.3. for any failure to perform our obligations or failure to
perform our obligations properly as a result of our being prevented
from doing so by an event beyond our reasonable control (which may
include, without limitation, strikes; labour disputes; acts of God;
war; riot; civil action; malicious acts or damage; compliance with
any law, governmental or regulatory order, rule, regulation or
direction; any act or omission of any government or other competent
authority; accident; equipment or services failure, including the
unavailability of third party telecommunications services, lines or
other equipment; fire; flood or storm).
6.2. Each provision of this clause 6 operates separately. If any
part is held by a court to be invalid, unreasonable or inapplicable
then the other parts shall be severable and shall still apply in
7. CHANGES, SUSPENSION, AND TERMINATION
7.1. We may alter and/or amend the SAS Member management Service
at any time without giving notice to you.
7.2. We may suspend or terminate the SAS Member management Service
at any time without giving notice to you.
7.3. SAS may terminate your account at any time for any reason,
including any improper use of this site or your failure to comply
with this Agreement. 7.4. Such termination shall not affect any
right to relief to which SAS may be entitled.
7.5. Upon termination of this Agreement, all rights granted to you
will terminate and revert to SAS.
7.6. SAS may at any time modify the Terms and Conditions making up
this Agreement and your continued use of this site will be
conditioned upon the Terms and Conditions as amended and in force
at the time of your use.
7.7. We accordingly advise you to read and take note of these
Terms and Conditions each and every time you visit the site, as
these may have been modified since your last visit.
This clause 8 provides details about our Privacy and Cookie
Policy, which Policy forms part of this Agreement.
SAS takes your privacy seriously. We use the personal information
that we collect from you in accordance with this Privacy and Cookie
8.1. What we mean by personal information
When we refer to personal information in this Policy, we mean
information that can identify you as an individual or is capable so
identifying you. By personal information we don't mean general,
statistical, aggregated or anonymised information.
Your use of our services signifies your consent to us collecting
and using personal information about you as specified below, in
accordance with this Policy.
8.3. How we collect information about you[GD1]
8.3.1. You may provide personal information to us when
communicating with us.
8.3.2. You may order a product or a service and provide your name,
e-mail address, delivery address, credit or debit card number and
expiry date so that the order can be processed and your products
(or services where appropriate) delivered to you. Sometimes, you
may be asked for your telephone number.
8.3.3. When you call us, we may monitor or record your calls and
store details of the phone number(s) you use to make the calls.
This information is used to better address your customer service
8.3.4. If you enter a competition or participate in a promotion,
we will ask for your name, address and e-mail address and any other
relevant information about you.
8.3.5. When you connect to the Internet using our services, we
will collect your Calling Line Identification Number (CLI).
8.3.6. We will collect information concerning your tastes and
preferences both when you tell us what these are and through our
(as described below).
8.3.7. It may be that you provide to us details of credit or debit
cards or bank accounts in order to make payments to us. Any such
information ("confidential financial information") will be used by
us only for the specific purpose for which it was provided to
8.4. How we use your information
8.4.1. We may use your information to confirm that your orders
have been received; to validate you as a customer when using our
services and calling our [help desk]; to prevent and detect
criminal activity, fraud and misuse of or damage to our services or
networks; to prosecute those responsible and to contact you to
invite you to form part of our consumer panel or various research
8.4.2. We may also use your personal information and process such
information for the purposes of management, research, analysis,
corporate reporting, credit-scoring and improving business
8.4.3. We may use personal information collected about you to
contact you by post, telephone and electronic mail (that is email,
picture, video, and SMS) about functionality changes to our
website, services or changes to our terms and conditions of use and
to communicate with you about your customer benefits and advise you
regarding the use of our services.
8.4.4. We may use the information collected about you to contact
you by post or phone about new customer offers and services. We may
also contact you by electronic mail for these purposes, subject to
any preferences selected by you.
8.4.5. Subject to your preferences in respect of each of our
services, selected third parties may use the personal information
collected about you to contact you about information that you might
8.5. Other information we may collect
8.5.1 We may collect network or traffic data related to your use
and access to our services. Such data would include, but not be
limited to, time spent using our services. We may also use some of
this information for research, segmentation of our customer base,
marketing our services and to understand and keep you
8.5.2 We also collect information from visitors to our websites
and registered customers to help us improve the websites and
services that we make available. The type of information collected
includes how many visitors visit our websites, when they visited,
for how long and which areas of our services. This information
allows us to continuously improve our services and develop them
according to the taste of our customers and visitors. The
information we collect from visitors to our websites who are not
registered users is anonymous and does not include personal
information that allows us to identify you as an individual.
However, if you are a SAS Member, the information collected from
our websites is not anonymous and SAS may use this information
along with your preferences to tailor content, services and offers
8.6. How long do we keep your information for?
The time periods for which we keep your information may vary
according to the use or purpose attached to the information. Unless
there is a specific legal requirement requiring us to keep your
information, however, we will not keep it for longer than necessary
for the purpose for which the information was collected or for
which it is to be processed.
8.7. Disclosing your information to third parties
8.7.1. SAS reserves the right to access and disclose
individual-identifying information to comply with applicable laws,
regulations and lawful government requests, to operate its systems
properly or to protect itself or its users or to solve any customer
8.7.2. We may provide aggregate statistics about our sales,
customers, traffic patterns and other site information to third
parties, but these statistics will not include any information that
could personally identify you.
8.7.3. We may from time to time elect to make use of other
companies to provide some of our services, and our services will
then be offered through third party advertisers on our website. We
may then share your personal information with these companies.
These companies can and will process this information and will be
obliged to keep such information confidential.
A cookie is a piece of information that is stored on your
computer's hard drive by your web browser. On revisiting our
website, our computer server will recognise the cookie, giving us
information about your visit.
8.9.1. During the registration process
We allocate cookies during the registration process for our
services. These cookies will hold information collected during your
registration and will allow us to recognise you as a customer and
provide you with the services you require. If your browser is set
to reject cookies, you may not be able to register for SAS Member
services. We may also use this data to better understand your
interests while online and to personalise your visits to our
8.9.2. On different sections of our portal
website. Our servers use two different types of cookies. The first
type is known as a 'session-based' cookie and is allocated to your
computer only for the duration of your visit to our website. It
helps you to move around the website faster and, if you're a
registered customer, it allows us to give you information relevant
to your selected SAS Member service. This cookie automatically
expires when you close down your browser.
The second type of cookie is known as a 'persistent' cookie. A
persistent cookie will remain on your computer for the period of
time that has been set for each cookie. Persistent cookies are used
for the purposes of advertisements on our site and to track whether
these advertisements are clicked on by users; to control how often
you are shown a particular advertisement; to tailor content to your
preferences; to count the number of anonymous users of the site and
to provide security within shopping baskets or transactions. The
types of cookies used and the manner in which the information
generated by them is used will be governed by those advertisers'
privacy policies. We have no control over these.
8.9.3. How can you refuse or opt out of cookies?
Most browsers are set by default to accept cookies automatically,
but usually you can alter the settings of your browser to prevent
automatic acceptance and to prompt you every time a cookie is sent
to you or to allow you to choose not to receive cookies at all. If
you wish to block cookies, please follow the instructions below
relevant to your particular browser software. Take care to ensure
that the instructions you select match the type and version of your
8.9.4. Microsoft Internet Explorer 6
1. Select 'Tools' from the main task bar then 'Internet
2. Click on the 'Privacy' tab;
3. Choose the level of cookie security you want, ranging from
Block All Cookies, High, Medium High, Medium (default level), Low
and Accept All Cookies.
8.9.5. Microsoft Internet Explorer 5
1. Select 'Tools' from the main task bar then 'Internet
2. Change to the 'Security' tab and click 'Custom Level';
3. Scroll down to the 'Cookies' section and set 'Disable';
4. Click 'OK'.
8.9.6. Firefox 1.0
1. Select 'Tools' from the main task bar and then 'Options';
2. Click on the 'Privacy' panel and then click on 'Cookies';
3. Uncheck the 'Allow sites to set cookies' option;
4. Click 'OK'.
8.9.7. Netscape 7
1. Select 'Edit' from the main task bar then 'Preferences';
2. Expand 'Privacy & Security' in the category menu and click
3. Select the required option under 'Cookie Acceptance
4. Click 'OK'.
8.9.8. How can you manage your privacy preferences?
If you'd like us to stop processing your information for marketing
purposes, please write to SAS at the address set out in clause 10
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of
South Africa, and you consent to the jurisdiction of the
Witwatersrand High Court in the event of any dispute arising from
this Agreement. If any of the provisions of this Agreement 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 this
Agreement, and the remainder of the Agreement shall continue in
full force and effect. This Agreement constitutes the entire
agreement between you and us with regard to the use of the
10. REFUNDS POLICY
Should you for any reason wish to cancel your purchase you will be
liable for a 15% processing fee. You must advise us in writing of
your cancellation and any such cancellation must be signed by the
person who made the original purchase. An application for a refund
will only be considered if the claim is received within 7 days of
payment. SAS reserves the right to decline a refund application, at
it's sole discretion, should it deem that the purchaser has
benefited from the purchase.
11. CONTACT DETAILS
In the event that you need to contact us for purposes related to
this Agreement, please make use of the following contact details on
This Agreement was most recently updated on the 01 June 2011.