Terms and Conditions of Use
Bike Hub is an online news and information website and online community, which provides discussion forums, classifieds, blogs and other User contributed content relating to the sport of cycling in South Africa and abroad.
These terms and conditions of use (the “Agreement”) apply to all persons (“you”) wishing to browse the Bike Hub website, post comments and/or advertisements via Bike Hub website. Please read these terms and conditions carefully, especially those pertaining to exclusions of liability and privacy of personal information. These terms and conditions may be updated at any time and any changes will take effect from the date of posting to this Website.
These terms and conditions do not detract from your statutory rights as a Consumer in terms of the Consumer Protection Act 68 of 2008.
You represent that you have the capacity to accept this Agreement, and if you are acting on behalf of an entity, that you have the authority to bind that entity. If you are under the age of 18, you affirm that you will only access the Bike Hub website with the consent and involvement of your parent or legal guardian.
Before you continue, you should print or save a local copy of this Agreement for your records.
Definitions and Interpretation
In this Agreement:
“Bike Hub” means Hub Online Media (Pty) Ltd, registration number 2016/041256/07;
“User” means any person who visits or uses the Website; and
“Website” means Bike Hub website.
Any words expressing the singular shall be deemed to include the plural and vice versa and reference to any one gender shall include the other. Any reference to persons includes both legal and natural persons. This Agreement shall be interpreted and applied in accordance with the laws of the Republic of South Africa and any rule of interpretation, whereby a contractual ambiguity, gap or inconsistency shall be interpreted against the party responsible for its drafting shall be excluded from this Agreement.
User Account Information
Where you create a User account you must keep your User account information accurate and up-to-date at all times, including by providing and maintaining a valid email address.
You are responsible for keeping your own password secure. We recommend a password that is at least 8 characters long and that makes use of a combination of upper and lower case characters, special characters and numbers. You are fully responsible for all activity, liability and damage resulting from your failure to maintain the confidentiality of your password and for any unauthorised activity on your account. You agree to immediately notify Bike Hub of any unauthorised use of your account or any breach of your account security. You also agree that Bike Hub cannot and will not be liable for any loss or damage arising from your failure to keep your password secure or for unauthorised use of your account.
Legal Relationship and Exclusion of Liability
You agree that Bike Hub acts as a conduit or intermediary between Users and Advertisers, and between Users and Users.
You agree that Bike Hub shall have no liability to you for any errors or inaccuracies relating to content or advertisements posted on Bike Hub Website, nor for any claims arising out of or in relation to advertised goods, products and services, the delivery, lateness or non-delivery thereof, including but not limited to any claims of defective quality or workmanship, damage, non-suitability for purpose and the like, nor for any damage or loss caused by or in connection with any agreement concluded between you and another User or third party advertiser.
You agree that Bike Hub shall have no liability for any damage whatsoever, including without limitation damages relating to revenues or profits, lost data, work stoppage, computer failure or malfunction, resulting from or in any way related to:
- access to the Website and/or any websites linked to the Website;
- content available on the Website or posted to the Website by Users;
- services available from the Website;
- products available from the Website.
Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Bike Hub. Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
You agree to co-operate with Bike Hub in accordance with the principles of utmost good faith in respect of the implementation of this Agreement and, to provide all such assistance as may reasonably be required of Bike Hub to protect and enforce its rights and commercial interests in relation to this Agreement. Should you have a dispute with any User that is not resolved to your satisfaction, we may attempt to help resolve the dispute but we shall have no obligation to do so.
- refrain from uploading, submitting or posting any comment which breaches any term of this Agreement;
- protect and keep your username and password secure and notify us immediately of any suspected or potential unauthorised use thereof;
- comply with all applicable laws, rules, regulations or codes of conduct to which you or any posted comment may be subject, including but not limited to advertising standards, regulations and codes;
- comply with all Bike Hub acceptable usage policies that we may specify from time to time;
- report any problems or interruptions via any support channels designated by Bike Hub for such purposes;
- refrain from acting in any way which may adversely affect the name and reputation of Bike Hub; and
- refrain from accessing, using, processing or disclosing any personal information of any other User of Bike Hub Website without that person’s express consent for any purpose.
- refrain from creating multiple accounts in order to misuse the platform, including to evade negative ratings, administrator warnings or suspensions.
The obligations listed above do not in any way limit any other obligation in terms of this Agreement not expressly provided for in this section.
Advertisement in Bike Hub’s classifieds section is free for personal use, however fees do apply to those using the service as a business or trader. Listing fees vary by category and are clearly displayed when placing an advert.
Those using Bike Hub’s classifieds section as part of the course of business, re-selling products for profit or offering services are required to disclose this within their profile specifying their account type as “Business / Trader”. Bike Hub reserves the right to change a users account type where this has been incorrectly specified. Failure to accurately define account type may result in the suspension or termination of your service.
No duplicate adverts should be posted by you. Any duplicate adverts posted may be removed and could result in the suspension or termination of your service.
Adverts that appear to be a copy of another user's advert (descriptions and / or images) will be removed and any such adverts posted may be removed and could result in the suspension or termination of your service.
All product listings must be cycling related unless posted within the specified “Non-cycling” sections.
Your advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
Any phone numbers, email addresses or other contact information included in your advertisement must be your own or you must have permission to use them.
No counterfeit or otherwise illegal product may be listed for sale. The term counterfeit may include any product which directly uses a brand name or trademark held by a brand on a non-genuine product in an attempt to pass it off as the genuine product; or a product which mimics brand features, designs or logos in an attempt to pass it off as the genuine product. Any such adverts will be removed and the advertiser's account suspended.
Any parallel import product (grey import) advertised, whether new or used, must be declared as such by means of a clear notice on the advert describing the nature of the goods and any impact on warranties or local product support. This is in accordance with requirements set out by the Department of Trade and Industry.
Bike Hub reserves the right to verify the information contained in any advertisement. You agree that Bike Hub may contact you for the purposes of verification of provided information and or authenticity of any product advertised. You agree to provide such additional information as may be reasonably required. Failure to supply such information may result in the suspension or termination of your service.
Advertisements must be product specific and category relevant, i.e. a classified advert. Advertisement of general sales (e.g. “15% off all bikes”) is not allowed within the Classified section unless otherwise agreed with Bike Hub. Failure to comply may result in the suspension or termination of your service.
All advertisements will expire after 30 days at which time they are automatically removed from the listings
Ratings and feedback should only be submitted in the event that an agreement to transact was made. We reserve the right to remove feedback which relates to negotiations or communications where there was no agreement and/or a transaction did not take place.
Content Posting Rules
You agree that you shall be strictly liable and responsible for all information, text and other content (individually and collectively referred to in this section as “content”) that you upload, publish or submit (collectively referred to as “posts”) to Bike Hub or any Website forum or that is posted by any other person by means of your Bike Hub account, whether authorised or unauthorised.
You shall at all times ensure that any content posted by you on Bike Hub or any Website forum shall not:
- be unlawful, defamatory, offensive (such as profanities), sexually explicit or pornographic, abusive, threatening or harassing, intimidating, or racial, religious or personal attacks of any kind;
- violate the property rights of others, including copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks;
- contain or carry any code or electronic information of a malicious or destructive nature or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of Bike Hub Users;
- advertise or promote chain letters, charity requests, petitions for signatures, employment opportunities, investment or savings opportunities, requests relating to Ponzi or pyramid schemes or any other content or information that creates and distributes unsolicited commercial communications;
- impede the operation of Bike Hub website or service infrastructure or that negatively affects the availability of the Website or the service to others;
- be false, inaccurate or misleading; or
- violate the terms of this Agreement or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, data protection, unfair competition, anti-discrimination or false advertising).
Where you make use of any Website forum hosted by a third-party service provider, you agree to follow any policies or rules published by that third-party service provider, including social media platforms like Facebook, Twitter, LinkedIn, Pinterest and others. Where you authorize us to share or receive your personal data with or from any such third party service provider, you consent to the use of such data in the manner specified at the time you give such authorisation.
Payments and FeesFees
In order to access certain functionality on the Website, you may be required to pay listing fees, value added upgrade fees or Bike Hub Plus membership fees. Listing fees and Value added upgrade fees are charged on an ad-hoc basis. Bike Hub Plus membership fees may be paid monthly or annually in advance. You agree to pay the subscription fees, and other charges you incur in connection with your usage of the Website. Bike Hub reserves the right to increase fees, any associated taxes, or to institute new fees at any time provided reasonable notice.Payments
To pay any fee, you must indicate your preferred payment method (e.g. Credit/Debit card, Instant EFT, SnapScan or any other payment method made available on the Website). By providing payment details you authorize us and third party payment providers to charge you the applicable fee(s).Auto-renewal
Bike Hub Plus membership fees will be billed at the start of the monthly or annual period. Thereafter, membership fees will be paid automatically on a recurring monthly or annual basis until your membership is terminated. You may cancel your membership at any time.Cancellation of subscriptions
You may cancel your Bike Hub Plus subscription by visiting your “Settings” page or by contacting us via http://help.bikehub.co.za/. The cancellation of your membership will be effective from the end of the current billing cycle. When your membership ends your account will remain active with a standard membership. Once your membership has ended you may resubscribe at any time.Cooling Off
You are entitled to change your mind and receive a full refund of Bike Hub Plus membership fees within five (5) business days of the initial payment for your membership (the “Cooling-off Period”), in line with the Consumer Protection act. You may request a cancellation and refund by notifying us in writing via http://help.bikehub.co.za/, within the Cooling-off Period. In the event of a cancellation and refund within the Cooling-off Period, your Bike Hub Plus membership and associated benefits will be terminated with immediate effect.
Right to Remove or Correct Content, Terminate or Refuse Access to Website
Bike Hub reserves the right to remove or edit any content or posts that breach any term of this Agreement or that Bike Hub, in its sole discretion considers offensive or inappropriate. Bike Hub also reserves the right to terminate access to the Website or to refuse access to its Website to anyone, for any reason, at any time.
You agree to indemnify Bike Hub fully and on demand against any liability, penalty, claim, loss, cost or damages suffered by Bike Hub where attributable to any wrongful act or omission by you or any person making use of your User account at any time or arising in any way as a result of, including but not limited to, content posted by you on the Website.
Exclusion of Warranties
No warranty is given nor shall any be implied as to the suitability of the Website or of any content posted, for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by Bike Hub.
Bike Hub supplies and provides the Website “as is” and does not warrant that the operation thereof will be uninterrupted or error free or that the Website will be functional over all Internet connections or compatible with any particular electronic devices, browsers or other software applications.
Intellectual Property Rights
You acknowledge and agree that ownership of all intellectual property rights to Bike Hub online Website including, but not limited to, copyright, trademarks, patents, designs and any content posted at Bike Hub shall at all times remain vested in Bike Hub and its licensors. You acknowledge and agree to forthwith report to Bike Hub any infringement or threatened infringement of the intellectual property rights of Bike Hub that may come to your attention. You grant Bike Hub an irrevocable royalty free licence to publish, host and display any information or content that you post or otherwise make publicly available via Bike Hub.
Save as expressly provided for in this Agreement, you shall not be entitled to assign or transfer any of your obligations in terms of this Agreement to any other person without the prior consent in writing of Bike Hub (which consent shall not be unreasonably withheld, delayed or conditioned).
No latitude, extension of time or other indulgence which may be given or allowed by you to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this Agreement and no single or partial exercise of any right by you shall under any circumstances be construed to be an implied consent by you or operate as a waiver or a novation of, or otherwise affect any of your rights in terms of or arising from this Agreement or prevent you from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
The waiver by you of a delay, breach or default in any of the provisions of this Agreement, or disagreement by Bike Hub, shall not be construed as a waiver of any succeeding delay, breach, default or provision of this Agreement. No failure of either Bike Hub or yourself to exercise any right to it hereunder, or to insist upon compliance of any obligation hereunder, or comply with any provision of this Agreement, shall constitute a waiver of either Bike Hub or your rights to demand exact compliance with the terms hereof.
In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
The terms and conditions contained in this Agreement constitute all of the terms and conditions agreed to between you and Bike Hub and no addition to or variation, amendment, cancellation or novation of this Agreement shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of both yourself and Bike Hub.
The termination, cancellation or expiry of this Agreement shall not affect the enforceability of the terms which are intended to and/or which of necessity must operate after expiry or termination.
You acknowledge and agree that no promises, undertakings, warranties or representations of whatsoever nature were given to you prior to the entering into this Agreement other than as may be recorded in this document.
Disclosures of Information
You have a right to request information prescribed in regulation 9 of the 1 April 2011 regulations promulgated in terms of the Consumer Protection Act 68 of 2008, and you agree that where we receive such a request from you we may send the requested information to you by email to the address you used to register to Bike Hub as updated by you from time to time.
The following additional disclosures are made in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:
Full name, legal status and registration number of Website owner: Hub Online Media (Pty) Ltd, registration number 2016/041256/07
Physical address: Office 11, Shop A1 Westlake Square, 1 Westlake Drive, Tokai, 7945
Telephone number: +27(0)87 551 3168
Web site address: www.bikehub.co.za
E-mail address: email@example.com
Office bearers: Matt Eagar
Place of registration: Cape Town, South Africa