Terms and Conditions

The following User Agreement governs the use of the Pick n Pay Marathon website (“the Website”) including without limitation participation in its bulletin boards, forums, chats and all other areas as provided by the Pick n Pay Marathon.
Please read the rules carefully. USE OF AND/OR REGISTRATION ON ANY ASPECT OF THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE RULES. If you cannot agree with these rules, please do not use the Website.

The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access after revision dates will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to our other remedies.

Rules of Usage

  1. Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
  2. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
  3. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.
  4. You agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
  5. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
  6. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Website does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
  7. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Website and the advertising thereon (“the Website Content”).
  8. The Website Content is protected by copyright, trade mark and other intellectual property laws and is the property of Pick n Pay and its service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
  9. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website except as permitted by statute or expressly permitted in writing by this Agreement or the Website.
  10. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
  11. Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.
  12. You acknowledge that Pick n Pay and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk.

Use of Material Supplied by You.

For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy.

You agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display or sublicense any such communication (including your identity and information about you) in any medium (now in existence or developed hereafter) and for any purpose, including commercial purposes, and to authorise others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.

Indemnification

You hereby indemnify the Pick n Pay Marathon and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

Editing and Deletions

Pick n Pay Marathon and its third party service provider reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.

Additional Rules

Pick n Pay Marathon and its third party service provider reserve the right to post, from time to time, additional rules of usage that apply to the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.

Disclaimer of Warranty and Limitation of Liability

You acknowledge that you are using the Website at your own risk. The Website is provided “as is” and the Pick n Pay Marathon, its third party service provider and their affiliates of whatever nature hereby expressly disclaim any and all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website. Pick n Pay, its third party service providers and their affiliates of whatever nature do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the Website.

Pick n Pay Marathon, its third party service provider and their affiliates of whatever nature shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement and your use of the Website, including for viruses alleged to have been obtained from the Website, your use or reliance on the Website or on any of the merchandise purchased via the Website, or on any information or materials available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

You hereby agree to release Pick n Pay Marathon, its third party service provider and their affiliates of whatever nature from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of this Website.

Termination or Suspension of Access to the Website

Pick n Pay and its third party service provider has the right to suspend and/or terminate your ability to access the Website or any portion thereof, for any or no reason, without notice.
Jurisdiction

You agree that this Agreement shall, for all purposes, be governed and construed in accordance with the laws of the Republic of South Africa and that any action based on, related to or alleging a breach of this Agreement must be brought in a court in Johannesburg. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

If you don’t agree to the terms contained in this Agreement, please exit the Website by clicking the Back Button on your browser to return to the previous page.

PICK N PAY MARATHON INDEMNITY CLAUSE 

Participants in the Pick n Pay Marathon, half-marathon, fun run and mini marathon (“the Event”) acknowledge that although all precautions have been taken by the organising body, there may be dangers inherent in participating in the Event. Participants voluntarily assume such risks and waive all claim of whatsoever nature and howsoever arising in relation to the Event against any parties, including but not limited to the organising body, sponsors, advertisers, local authorities, directors, employees and suppliers of these parties and any individual, marshal or agent (“the Parties”). Participants must at all times wear their allocated race number on the front of their T-shirts. Those participants who do not wear their race number in the appropriate place at all times will not receive a medal and/or goodie bag for participating in the Event. Participants irrevocably agree to and consent to their photograph being used to market and/or publicise the Event by the Event organisers. The participants further agree to receive marketing material from the Parties and indemnify the Parties against any liabilities or claims of any nature whatsoever and howsoever arising (whether directly or indirectly, whether from negligence, albeit gross and/or from involvement in or passage to or from the Event), including but not limited to liability or delay, inconvenience, expenses sustained, incurred or put to by participants and/or by any minor child under the care or control of participants. Parents or guardians authorising a minor’s participation in the Event hereby consent to such a minor not being capable of waiving his/her rights as stipulated above. Please note: We are fully within our rights to say tickets/entries cannot be refunded, cancelled, returned or exchanged on account of the weather or unforeseen events occurring beyond the control of the event organisers.