The section headings used herein are for convenience only and shall not be
given any legal import.
- TAB KZN
- The Totalisator Agency Board (Natal), operating in KwaZulu-Natal,
Republic of South Africa.
- Content Provider
- Any of
whether acting together or individually for the purpose of providing on-line
services and content.
- TAB KZN
- its subsidiaries
- its affiliates
- third parties
- TAB KZN Online
- The interactive on-line service operated by TAB KZN on the World Wide
Web of the Internet, consisting of information services and content supplied
by Content Providers.
- The transferring of electronic information from TAB KZN Online to the
Subscriber or vice versa.
- The establishment of an electronic link for the purpose of
accessing TAB KZN Online.
- Each person who establishes a connection.
- Access Identifier
- Any of, or any combination of :
used to identify the Subscriber to TAB KZN Online.
- User Name;
- User Number;
- Personal Identification Number.
- This Agreement
- Sets forth the terms and conditions that apply to the accessing
of TAB KZN Online by the Subscriber;
- Constitutes the entire agreement of the parties with respect to that
- Supersedes all previous written or oral agreements between the parties
with respect to that access.
- A waiver by either party of any breach or default hereunder shall not be
deemed to be a waiver of any preceding or subsequent breach or default.
- By connecting to TAB KZN Online (other than for the specific and sole
purpose of reading this Agreement for the first time), the Subscriber agrees
to comply with all of the terms and conditions hereof.
- The right to access TAB KZN Online is personal to the Subscriber and
is not transferable to any other person or entity.
- The Subscriber agrees that all accessing of TAB KZN Online shall be
governed by the applicable laws of the Republic of South Africa, irrespective
of the origin or routing of the Connection.
- The Subscriber acknowledges that the Subscriber is familiar with the laws
applicable to all the content of TAB KZN Online in the locale from whence
the Subscriber is making the connection, and that the Subscriber's access
is allowed by those laws.
- The English version of this agreement shall supersede any
translation/s that may be prepared or provided for the convenience of the
3. Access Changes.
- TAB KZN shall have the right, at any time :
Such changes shall be effective immediately upon notice thereof; this notice
may be given by any means, including, but not limited to :
- To change or modify the terms and conditions applicable to the
Subscriber's accessing of TAB KZN Online, or any part thereof;
- To impose new conditions, including, but not limited to, adding fees
and charges for access.
Any accessing of TAB KZN Online by the Subscriber after such notice shall be
deemed to constitute acceptance by the Subscriber of those changes.
- Posting on TAB KZN Online;
- By electronic or conventional mail;
- By any other means by which the Subscriber obtains notice thereof.
- TAB KZN shall have the right, at any time, to change or discontinue any
aspect or feature of TAB KZN Online, including, but not limited to :
- Hours of availability;
- Equipment and/or software needed for access.
4. Equipment and Costs.
- The Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware, software and other equipment needed for access
to TAB KZN Online and all charges related thereto.
- Content Providers shall not be liable for any costs incurred by the
Subscriber in connecting to TAB KZN Online.
TAB KZN Online contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound.
- The entire contents of TAB KZN Online are copyrighted as a collective
work under the Republic of South Africa's Copyright Act (Act 98 of 1978).
TAB KZN owns a copyright in the selection, co-ordination, arrangement and
enhancement of such content, as well as in the content original to it.
- The Subscriber may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any of
the content, in whole or in part.
- The Subscriber may download copyrighted material for the Subscriber's
personal use only.
- Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express written permission
of TAB KZN and the copyright owner.
- In the event of any permitted copying, redistribution or publication of
copyrighted material, changes to or deletion of author attribution,
trademark legend or copyright notice shall not be made.
- The Subscriber acknowledges that he does not acquire any ownership
rights by downloading copyrighted material.
- All trademarks appearing on TAB KZN Online are the property of
their respective owners. All rights are reserved.
- Any of the Content Providers shall have the right to assert and enforce
the provisions of this section either individually or jointly.
6. Disclaimer of Warranty; Limitation of Liability.
- The Subscriber expressly agrees that :
- Access to TAB KZN Online is at the Subscriber's sole risk;
- The Content Providers do not accept liability for the Subscriber's
inability to connect to TAB KZN Online;
- The provisions of this section shall apply to all content on
TAB KZN Online;
- It is the Subscriber's responsibility to evaluate the accuracy,
completeness or usefulness of any content provided on TAB KZN Online.
- None of the Content Providers, either jointly or individually :
- Warrants that access to TAB KZN Online will be uninterrupted or error
- Makes any warranty as to the results that may be obtained from access to
or use of information provided on TAB KZN Online;
- Makes any warranty as to the accuracy, reliability or content of any
information, service, or merchandise provided through TAB KZN Online.
- Warrants or guarantees the timeliness, sequence, or completeness of
information provided on TAB KZN Online.
- TAB KZN Online is provided on an "as is" basis without warranties of
any kind, either express or implied, including, but not limited to,
warranties of title or implied warranties of merchantability or
fitness for a particular purpose, other than those warranties that are
implied by and incapable of exclusion, restriction or modification under
the laws applicable to this agreement.
- This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorised access to, alteration of,
or use of record, whether for breach of contract, tortious behavior,
negligence, or under any other cause of action.
- In no event will any Content Provider involved in creating or producing
TAB KZN Online be liable for any damages, including, without limitation,
direct, indirect, incidental, special, consequential or punitive damages
arising out of the accessing of or inability to access TAB KZN Online.
The Subscriber agrees to defend, indemnify and hold harmless any and all
Content Providers, their respective board members, directors, managers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the accessing of TAB KZN Online by the
- TAB KZN does not specifically, or through implication, endorse or support
any third party products, services or information that may be advertised on
TAB KZN Online.
- TAB KZN does not endorse or support any opinion that may be expressed on
TAB KZN Online. Any statement or clarification required should be obtained
by contacting TAB KZN for an official statement.
- Neither TAB KZN nor any third-party provider of information on TAB KZN
Online guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
9. Access Restriction.
- TAB KZN shall have the right to require the use of Access Identification
before allowing the Subscriber to access any part of TAB KZN Online.
- Should access to any part of TAB KZN Online require the use of Access
Identification, the Subscriber agrees to be responsible for ensuring and
protecting the confidentiality of any Access Identification granted to him
by TAB KZN.
- TAB KZN shall not be liable for any unauthorised use of the Subscriber's
- TAB KZN shall have the right, without notice, at any time, and in
its sole discretion, to revoke and cancel the Subscriber's Access
- TAB KZN shall have the right to request at any time that the Subscriber
supply proof that the Subscriber is over the age of 18 years.
- Either TAB KZN or the Subscriber may terminate this Agreement at any
- Without limiting the foregoing, TAB KZN shall have the right, without
notice, at any time, and in its sole discretion, to immediately
terminate the Subscriber's connection rights in the event of any conduct by
the Subscriber that TAB KZN considers to be unacceptable, or in the event of
any breach by the Subscriber of this Agreement.
- The Subscriber agrees that the provisions of Sections 5 to 8 and this
Section shall survive termination of this Agreement.