Terms and Conditions

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Website Terms and Conditions of Use Relating to www.x-streambalance.co.za

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Online X-Stream Balance (“Provider”) website located at the domain name www.x-streambalance.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Electronic Communications

By using this Website or communicating with the Provider 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.

Credit Card Acquiring – Payment Gateway

Credit Card Transactions are acquired by PayFast, a registered systems operator and payment gateway in South Africa.

Card Holders may go tohttps://www.payfast.co.za/b/std/security to view PayFasts’ security policy.

Updating of these Terms and Conditions

Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Strider Events

You hereby certify that you are the parent or guardian of the child (Participant) included in the registration. Through participation in events and activities of X-Stream Balance (Pty) Ltd, relating to or occurring during the STRIDER Adventure ZoneTM, and STRIDER Racing® for me to enter into the participants’ area, give the following release and waiver.  I hereby bind myself and the participant to the terms and conditions of this release and waiver.  In addition to X-Stream Balance (Pty) Ltd, this release and waiver applies equally to South African BMX Racing their Clubs, officers, agents and employees, and employees of Promoters. All of the above are jointly referred to as Releasees.

Parent expressly agrees that Releasees shall not be liable for any damages arising from personal injuries sustained by Parent or Participant on or about the premises of Releasees or any area under control of Releasees or as a result of Parent or Participant using the facilities and equipment therein.  Parent accepts full responsibility for any such injuries or damages which may occur to Parent or Participant on or about the premises or area under control of Releasees.  Parent assumes full responsibility for any injuries, damages or losses which may occur to Parent or Participant and forever releases and discharges their owners, employees, and agents from any and all claims and/or damages.

I hereby grant Releasees the right to photograph, film, videotape or otherwise record Parent’s or Participant’s image, voice, sounds, likeness, appearance, actions, name and statements, including, without limitation, any endorsements, Parent or Participant may make during our presence at the events or activities set out above.  Releasees shall own all copyright and other rights to the above described materials and Releasees may use such materials in any manner and in perpetuity. 

X-Stream Balance may contact you via email or other means, with relevant information and promotions.  You will be able to opt out of these emails upon initial receipt.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

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