Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS: info@buys.co.za

USAGE

1. This World Wide Web Site and the functions, facilities and services related thereto are operated and maintained by Touchline Online, a division of Touchline Media, which is in turn a division of Media 24, in turn a division of Naspers Limited, at the URL: http://www.golfdigest.co.za (THE "WEB SITE").

2. By accepting the Terms of Use and/or using THE “WEB SITE”, you agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use ("Terms").

3. Your participation in any suggested activity or project contained within this Web Site, or otherwise provided to you by THE “WEB SITE” is entirely voluntary. If you, the User, do not wish to be bound by these Terms, please rather do not use the Web Site.

4. THE “WEB SITE” expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria, service or information set out in this website without notice.

5. Nothing on this Web Site shall be construed as an offer by THE “WEB SITE” or its affiliates.

6. Any information or service available on or through this Web Site is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any financial or other, kindly consult a qualified professional advisor.

OWNERSHIP & COPYRIGHT

7. All content, trademarks and data on this Web Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the Web Site, THE “WEB SITE”, and as such, are protected from infringement by domestic and international legislation and treaties.

8. All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in THE “WEB SITE” Web Site shall continue to vest in THE “WEB SITE” and no right, title or interest in any proprietary material or information contained in this Web Site is granted to you.

9. Without derogating from the aforegoing, THE “WEB SITE” hereby authorises you to view, copy, download to a local drive, print and distribute the content of this Web Site, or any part thereof, provided that:

   1. such content is used for information purposes only;

   2. all moral rights of THE “WEB SITE” and its employees or agents are reserved.

   3. such content is used for non-commercial purposes. Without derogating from the aforegoing, you are expressly prohibited from incorporating any material from this website in any other work, publication or Web Site either of your own or belonging to any third party;

   4. any reproduction of this the content of this Web Site, or portion thereof, must include this copyright notice in its entirety;

   5. documents specified above include the design and layout of this website. Elements of this Web Site are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Web Site may be copied or retransmitted unless expressly permitted by THE “WEB SITE”.

E-COMMERCE ON THE “WEB SITE”

The secure e-commerce transactions back end of THE “WEB SITE” is handled by M-Web Business Solutions, using their Safeshop3 software. More information on Business Solutions can be found at business.mweb.com, while e-commerce queries on THE “WEB SITE” can be sent to scc@mweb.com or Touchlineshop@touchline.co.za

PRICES

10. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

SHIPPING COSTS

11. The costs of shipping within the borders of South Africa vary according to the purchase, and are expressly stated with the offer. Shipping costs are not included in the product price.

12. THE “WEB SITE” decides on the method of shipping and is one of the following:

1. Post Office delivery (as determined by registered address). Goods are sent via normal mail to the mail address provided by the client. The onus is on the customer to collect such parcels from the post office - the post office do not deliver parcels or necessarily send out advice notifications or;

2. Courier delivery. THE “WEB SITE” informs the customer of the despatch and supplies the track and trace number. The onus is on the customer to assure that there will be somebody available to accept delivery.

13. International deliveries. THE “WEB SITE” does not sell or deliver to international addresses.

VALUE ADDED TAX (VAT)

14. VAT is charged on goods bought by South African residents at the rate of 14%.

DELIVERIES

Inside the borders of South Africa

15. All locally sourced items on THE “WEB SITE” Web Site will be delivered within fifteen business days after acknowledgement of order and payment.

Delays and cancellations

16. THE “WEB SITE” makes every effort to assure that the information supplied on the site is accurate. Were the delays and out of stock situations occur, every effort will be made to inform the buyer.

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PAYMENT METHODS

Credit card payments.

17. At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.

18. Payment is only collected when the order is completed and the goods shipped.

19. Note that to protect it's own and the interests of customers, THE “WEB SITE” scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if THE “WEB SITE” is not satisfied with its legitimacy.

SALE AGREEMENT

20. Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not:

1. constitute an agreement of sale between THE “WEB SITE” and Users shall not hold THE “WEB SITE” liable if such items are not available when the purchase cycle is completed later; and/or

2. constitute an order for such an item; and

3. THE “WEB SITE” may remove such an item from the shopping basket or wish list if no stock is available.

21. An agreement of sale between THE “WEB SITE” and a User only comes into effect if and when the credit card authorisation is received from the issuing bank.

22. THE “WEB SITE” reserves the right to refuse to accept and/or execute an order without giving any reasons therefore. THE “WEB SITE” also reserves the right to cancel orders in whole or in part as circumstances dictate. THE “WEB SITE” shall only be liable to refund monies already paid by the user.

23. Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on THE “WEB SITE” website.

STOCK AVAILABILITY

24. Stocks of all goods on offer are limited. THE “WEB SITE” shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, THE “WEB SITE” shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

SPECIAL OFFERS

25. THE “WEB SITE” shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

GUARANTEE

26. Only in the event that THE “WEB SITE” supplies the incorrect product or in the event that the product is in any way faulty or damaged, THE “WEB SITE” will exchange it for the correct one. THE “WEB SITE” will make a reasonable effort to exchange the product, but if replacement is not possible, THE “WEB SITE” will refund the purchase price including delivery cost. Apart from an incorrect or damaged product being delivered, products bought from THE “WEB SITE” are bought “Voetstoets” and are non-returnable.

E-COMMERCE PRODUCT DISCLAIMER

27. The use of any equipment bought from THE “WEB SITE” is at the purchaser’s risk. The purchaser/user indemnifies and holds THE “WEB SITE” harmless against any loss, injury or damages which may be sustained as a result of using the equipment or products sold on THE “WEB SITE”.

CODE OF CONDUCT

28. THE “WEB SITE” is a member of the Direct Marketing Association of South Africa (hereinafter referred to as "DMA") with its National Office at 2 Clamart Road, Richmond, Johannesburg, telephone number (011) 482 6440.

29. DMA is a unified and representative self-regulatory body and non-profit organisation promoting the interests of direct marketers and their consumers.

30. DMA has a code of conduct to which each member subjects to and can be accessed at www.dma.org.za




ELECTRONIC COMMUNICATIONS




31. By using this Web Site or communicating with THE “WEB SITE” by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.




CHANGES AND AMENDMENTS




32. This Web Site may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information, services or activities herein and these changes will be incorporated in any new editions of this Web Site. THE “WEB SITE” reserves the right to make improvements and/or changes or amendments to this Web Site at any time.

33. THE “WEB SITE” reserves the right to change and amend the prices and rates quoted on this website without any notice.

PRIVACY POLICY




34. THE “WEB SITE” respects your privacy and is committed to privacy protection principles. This privacy policy statement sets out THE “WEB SITE” information gathering and dissemination practises.

35. While using this Web Site, information about you may be either collected by us or provided by you. Such information will become the property of THE “WEB SITE”.

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36. THE “WEB SITE” may use this information to provide you with information regarding our products, services, or events from time-to-time. You may request that THE “WEB SITE” cease sending you such information or request that your personal information be removed from our database or mailing list at any time by e-mailing leo@scoreline.com.

37. You may also request access to any personal information concerning you that THE “WEB SITE” holds. The Promotion of Access to Information ("PROATIA") Act and Electronic and Communications (“ECT”) Act set out and regulate how such a request should be made and under what circumstances such access may be refused.

38. You may update or correct your personal information by e-mailing leo@scoreline.com. You may also view your personal information that we hold and correct it if necessary on written request to THE “WEB SITE”.

39. THE “WEB SITE” will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to THE “WEB SITE” employees or agents who require such information to carryout their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of THE “WEB SITE” or its associated services or Web Site(s), THE “WEB SITE” will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.

40. THE “WEB SITE” is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised Web Sites.

41. THE “WEB SITE” reserves the right to alter the terms and conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access THE “WEB SITE” Web Site and your continued use of the Web Site after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.

42. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us via tank@touchline.co.za.

TRANSMISSION OF INFORMATION

43. The User acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception.

44. The user shall bear all risk of transmitting such information in this manner and under no circumstances will THE “WEB SITE” be liable for any loss, harm, or damage suffered by the user as a result thereof. THE “WEB SITE” reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should THE “WEB SITE” deem it necessary.

45. Any information or material sent to THE “WEB SITE” will be deemed not to be confidential, unless otherwise agreed in writing by the user and THE “WEB SITE”.

LINKING AND FRAMING

46. It is expressly prohibited for any person, business, entity or Web Site to link to any page on this Web Site, including the home page, without the prior written approval of THE “WEB SITE”.

47. It is expressly prohibited for any person, business, entity, or Web Site to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of THE “WEB SITE”.

SEARCHING TECHNOLOGY

48. The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is permitted.

LINKS TO THIRD PARTY SITES

49. THE “WEB SITE” provides links to the User only as a convenience and the inclusion of any link does not imply THE “WEB SITE’s” endorsement of such sites.

50. Linked Web Sites or pages are not subject to the control of THE “WEB SITE”. THE “WEB SITE” shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked Web Site(s) or any links contained in a linked website.

SECURITY

51. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this Web Site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Web Site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Web Site or attempts to gain unauthorised access to any page on this Web Site shall be held criminally liable, and in the event that THE “WEB SITE” should suffer any damage or loss, civil damages will be claimed.

DISCLAIMER

52. This Web Site and the information contained therein are provided "as is" and THE “WEB SITE” makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:

53. THE “WEB SITE” does not warrant that the Web Site or information will be error-free or will meet any particular criteria of performance or quality. THE “WEB SITE” expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

54. .Whilst THE “WEB SITE” has taken all reasonable measures to ensure the integrity of this Web Site and its contents, no warranty or guarantee, whether express or implied, is given that any files, downloads or applications available via this website are free from viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

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RISK & LIMITATION OF LIABILITY

55. The user’s use of this Web Site and the information contained therein is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither THE “WEB SITE”, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein.

56. While all reasonable steps have been take to ensure the accuracy and safety of THE “WEB SITE”, the use of the products or services advertised on this Web Site are used at the user’s own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. THE “WEB SITE” will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of THE “WEB SITE” Web Site.

57. THE “WEBSITE” discussion forum: THE “WEBSITE” supplies the means for individuals to communicate in open debate via it’s discussion forum, yet the views and opinions expressed in the discussion forum do not necessarily represent those of THE “WEBSITE”. While THE “WEBSITE” reserves the right to remove entire postings that are considered offensive or outdated, THE “WEBSITE” does not screen, and will not alter, postings before they are published on the discussion forum, and thus neither THE “WEB SITE”, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever resulting from the content found in the discussion forum.

SEVERABILITY

58. These Terms constitute the entire agreement between THE “WEB SITE” and you, the User of this Web Site. Any failure by THE “WEB SITE” to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.

59. In the event that any term or condition of this Web Site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

APPLICABLE LAW

60. This Web Site is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this Web Site.

CORPORATE STRUCTURE

61. THE “WEB SITE” is owned and managed by Touchline Online, a division of Touchline Media, information on which, including staff members, can be found at www.touchline.co.za

62. Touchline Media is in turn owned by Naspers, forming part of the division called Media24. The profiles of Media24 office bearers can be viewed at: www.media24.co.za

CONTACT INFORMATION

63. If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:

STREET ADDRESS:

Touchline Online
19th floor, ABSA centre
Cnr Adderley and Riebeek streets
Cape Town
8001

Postal Address:

Touchline Online
PO Box 16368
Vlaeberg
8018
South Africa

Telephone:
+27 21 408 3900

Facsimile:
+27 21 408 3909

Email:
tank@touchline.co.za

(Updated August 2002)
© 2002 BUYS INCORPORATED ATTORNEYS All Rights Reserved

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