Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between You and RaceTec. It is your responsibility to read the clauses referred to:

• By accessing or using our Services or Racetec Chip, you are agreeing to these Terms. If you do not agree to these Terms, do not use our Services or Chip (clause 2.1). 

• RaceTec does not organise or conduct sporting events, and it is for you to comply with any rules that apply to these events.

• You give RaceTec permission to use and process certain of your personal information (clause 9)

• You limit RaceTec’s liability and indemnify RaceTec for various acts or omissions. In particular you agree that we are not liable for any loss you may suffer due to your participation in any sporting event (clause 11).

The following words and phrases have these meanings in this Agreement:

1.1. “RaceTec Chip” or “Chip” means an electronic transponder that uniquely identifies you as you cross strategically placed, electronic mats during an event and enables the race tracking Services to be performed by us.

1.2. “Services” means the race tracking service made available to participants for the race timing and creation of live results, seeding and related services as more fully described on our Website.

1.3. “Us”, “We”, or “Our” means Racetec Event Technology (Pty) Limited, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2013/052272/07, and also includes reference to our subsidiaries, successors and authorised assigns.

1.4. “You” or “Your” refers to you, or your employer or any other entity that you have full legal authority to bind and may be accepting this Agreement on behalf of. 

2.1. BY PURCHASING A RACETEC CHIP OR USING OUR SERIVES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE CHIP OR OUR SERVICES. 

2.2. RACETEC DOES NOT ORGANISE OR CONDUCT SPORTING EVENTS, BUT MERELY PROVIDES TRACKING SERVICES FOR PARTICIPANTS. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY RULES WHICH MAY GOVERN SPORTING EVENTS IN WHICH YOU PARTICIPATE.

2.3. Use and purchase of RaceTec Chips and our Services are all subject to these Terms and Conditions (the “Terms”) accessible on our Website at URL www.racetec.co.za (“Website”), and to our Privacy Policy available at indefinitely or until either we or you cancel this agreement. 

2.4. These terms will prevail in the case of any conflicts with any similar or related documents that contain or state anything to the contrary, whether directly or indirectly. This includes the rules of any event that the RaceTec Chip may be used in. 

2.5. We reserve the right to amend these Terms at any time and without notice to you. You are advised to regularly check whether these Terms have changed. The most recent version will be available on the Website. Please refer to the last revision number and date at the bottom of this document. 

3.1. Chips can be ordered and purchased as follows:

3.1.1. directly from RaceTec via our Website or our mobile application used to access the Services (“Application”); 

3.1.2. online with your race entry for an event; or 

3.1.3. from any RaceTec kiosk on the morning of an event.

4.1. If you order the Chip on our Website, it will be delivered to your chosen address within the time period as set out in your order confirmation, depending on your location.

4.2. If you order your Chip with your race entry, it can be collected with your race entry.

4.3. If you purchase the Chip on the day of an event, you will be given the Chip immediately.

5.1. Once the purchase price for the Chip has been paid, and the Chip delivered to you, ownership and risk in the use of the Chip will pass to you.

6.1. The once-off purchase price for the RaceTec Chip will be set out on our Website and is subject to change.

6.2. If you pay using our Website or application then you authorise us and certain third-party service providers, to receive, store and encrypt your payment information. 

6.3. Should you purchase the Chip on the day of an event, you may be able to pay by cash or card.

6.4. All payments must be made in South African rands (ZAR).

7.1. You will obtain a Chip number that links your ID or passport number to the Chip.

7.2. You only need one Chip that allows us to capture the data and provide the Services, which include tracking you on the route and recording your split and race times.

7.3. To use the Chip in an event, it must be registered in your name and not belong to someone else. 

7.4. The Chip can be worn vertically laced into the shoelaces of one shoe, worn on the ankle facing outwards or on a bike mount secured to the front axle.

8.1. You can create an account on our Website which will allow you to purchase a RaceTec Chip and to have access to our race tracking and timing services, the creation of live results, seeding and related services as more fully described on our Website (“Services”).

8.2. You accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.

8.3. You agree:

8.3.1. to use your account and the Services only for event tracking, viewing of results and related services;

8.3.2. not to use your account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offense;

8.3.3. not to divulge your username or password to any other person; and

8.3.4. not to impersonate any other person in dealing with us, and particularly not to access the Website using another user’s username and password. 

8.4. You understand that use of certain features of the Service may require you to purchase third-party equipment or materials (e.g. GPS systems). RaceTec will have no responsibility for any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Chip or Services or will be error-free.

9.1. Further information regarding the manner in which we respect the privacy of your personal information is contained in our Privacy Policy, which is available at <URL> or on request if you are collecting your chip personally.

10.1. You acknowledge and agree that RaceTec owns all intellectual property rights (including copyright, trade mark, trade or business name, patent, registered design and other similar rights) relating to and arising from the RaceTec Chip and the Services. 

11.1. For the purposes of this clause “damages” means and includes:

11.1.1. all losses, liabilities, and damages relating to or arising from these Terms or the Services, howsoever arising, whether out of breach of express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not; and

11.1.2. any legal costs (including legal fees at an attorney and own client scale and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) or other costs, claims or demands.

11.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY INDIRECT DAMAGES (INCLUDING CONSEQUENTIAL, EXTRINSIC, SPECIAL OR INCIDENTAL LOSS OR DAMAGES WHICH WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROPERTY OR LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE OR ANTICIPATED SAVINGS), OR AGGRAVATED DAMAGES.

11.3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ALL CLAIMS BROUGHT BY EITHER PARTY AGAINST THE OTHER PARTY EXCEED THE RACETEC CHIP FEE.

11.4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD RACETEC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS, HARMLESS FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY'S FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD-PARTY AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES OR THE RACETEC CHIP.

11.5. IN PARTICULAR, YOU AGREE THAT RACETEC IS NOT RESPONSIBLE FOR THE ORGANISATION OR CONDUCT OF ANY SPORTING EVENT, AND THAT ACCORDINGLY WE WILL NOT BE HELD LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER RELATING TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH AN EVENT.

12.1. Should any dispute of whatsoever nature arise between us and you concerning these Terms, we must try to resolve the dispute by negotiation within 10 (ten) business days from date of a written invitation by either of us.

12.2. If the dispute has not been resolved by such negotiation, either of us may submit, by written notice to the other, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA.  The receipt by either party of a notice as aforesaid, will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.

12.3. Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.

12.4. This clause constitutes an irrevocable consent by us and you to any proceedings in terms hereof and neither of us will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.

12.5. The aforegoing will not restrict the right of either of us to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.

12.6. Pending final settlement or determination of a dispute, we and you shall continue to perform our subsisting obligations hereunder.

13.1.These terms and conditions contain the record of the entire agreement between users and RaceTec in respect of the use of our Services or the RaceTec Chip.

13.1.These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Racetec both agree to submit any dispute arising out of the use of our Services or the RaceTec Chip to the exclusive jurisdiction of the courts of the Republic of South Africa.

13.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.

13.3. Our omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by us in writing.

We will respond to any questions regarding the Services and these Terms via info@racetec.co.za.