Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of Full name : Moresport Pty Ltd Telephone number : 30 E-mail address : customercare sportsmanswarehouse. Vat Registration Number: Country of incorporation : South Africa A full record of your transactions can be accessed by logging in to the website and viewing My Orders in the Account section. Returns Please refer to the refunds policy, which sets out our policy regarding returns or exchanges.
Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 read with section 55 of the CPA. Cancellations You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of " ECT Act " entitled to cancel, without reason and without penalty, your order for the Products within 7 seven days of receipt of the Products.
In such an event: If for any reason you would like to cancel an order this may be done by contacting our Customer Care Line on You will only be able to cancel orders up to on the day prior to the date of delivery.
If you cancel your order later than 7 seven days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Gift Cards and Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.
Gift Cards Gift Cards are available for purchase online and in store. Gift Cards that are purchased online by registered users are valid for a period of 3 three years after Sale. If your Gift Card has not been used within that period, it will expire and you will not be entitled to a refund. Gift Cards cannot be used to buy other Gift Cards, and cannot be exchanged or refunded for cash or credit They do not accrue interest.
If your Gift Card value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods as provided for in these Terms. Moresport is not responsible for any loss or unauthorised use of a Gift Card, after it has delivered the Gift Card to you or the email address nominated by you. Vouchers: Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Voucher itself: It cannot be used later on existing orders; Vouchers cannot be used to buy Gift Cards or other Vouchers, and cannot be exchanged or refunded for cash or credit.
If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact Moresport to confirm if the Voucher is still valid.
If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order. Moresport is not responsible for any loss or unauthorised use of a Voucher. Privacy and Security All personal information obtained by Moresport by virtue of your use of this Website is protected as set out in our privacy and security policy.
Further, the security processes and procedures used by Moresport to protect information transmitted via the Website are also set out in the privacy and security policy.
Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website collectively " the materials " are owned by Moresport alternatively, Moresport is the lawful user thereof and are protected by both South African and international intellectual property laws.
You will not acquire any right, title or interest in or to the Website or the material. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Moresport.
Where any of the materials has been licensed to Moresport or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions. The trademarks, names, logos and service marks collectively "trademarks" displayed on Website are registered and unregistered trademarks of Moresport.
Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of Moresport. External links External links may be provided for your convenience, but they are beyond the control of Moresport and no representation is made as to their content.
Use or reliance on any external links provided is at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such external links or your reliance on any information contained thereon. When visiting external links you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Moresport.
Unlawful use You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Moresport against any loss, liability, damage or expense of whatever nature whether direct or indirect which Moresport or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.
Warranties, Disclaimers and Limitation of Liability Save as set out in the Terms, Moresport makes no warranties, representations, statements or guarantees whether express, or implied in law or residual regarding the Website and the Products and the Website and Products made available via the Website are provided "as is".
You hereby indemnify Moresport or its directors against any loss, liability, damage whether direct, indirect or consequential or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Without limiting the generality of the aforegoing, Moresport shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
By accessing the Website, you warrant and represent to Moresport that you are legally entitled to do so to purchase any of the Products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction.
If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Moresport or that you have obtained legal status in another manner. Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Moresport, Moresport shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party.
This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods.
We may in our sole discretion at any time suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination. You agree that Moresport will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible.
In addition to the disclaimers contained elsewhere in these Terms, Moresport also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives.
Moresport thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Use of the Website Moresport does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Moresport that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website. Address for Service The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out paragraph in Moresport shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.
General Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Moresport in relation to your use of this Website.
No indulgence or extension of time which either you or Moresport may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. Moresport shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.
Should Moresport be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Moresport is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event.
In the event that force majeure continues for more than fourteen days after it has first occurred then Moresport shall be entitled but not obliged to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you.
An " event of force majeure " shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war whether declared or not or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
These Terms and conditions shall apply to all transactions you conclude via this Website. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
When you visit the Website or send emails to us, you consent to receiving communications from us electronically. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing.
Dispute Resolution All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Moresport, other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction , will be submitted to and decided by arbitration.
The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Moresport. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.
The competition runs from 04 November - 18 November No late entries will be accepted If no response from select winner within 48 hours the prize will be forfeited and a new winner selected To enter the competition participants, need to submit their active email address to subscribe to the Sportsmans Warehouse weekly newsletter database through any of the following methods: a website pop-up banner Instagram story Facebook organic post Facebook or Instagram lead ad The winner will be randomly chosen via a certified method of selection and be notified via the submitted email address.
No responsibility will be accepted for entries lost, delayed or damaged in transmission No prizes are refundable Winners of this competition should reside in South Africa There is no entry fee and no purchase necessary to enter this competition By entering the Sportsmans Warehouse newsletter sign up competition, entrants agree to receive email marketing from us and their web activity to be tracked. Online Competition: The Promoter of the competition is New Balance "Promoter" The competition will commence on 8 July and will close 31 March The competition will require customers to purchase a pair of New Balance shoes through the New Balance Run Right platform on the Sportsmans Warehouse website between 8 July and 31 March The following persons however are not allowed to enter into the competition: Failure to satisfy any of the abovementioned eligibility criteria will result in a Participant not being able to win any prizes.
Participants need to use the shoe finder application, which will guide them in finding a suitable shoe for them to use. Once the New Balance shoe is added to the cart and Participants purchase the shoe, they will be entered into the database of entrants that stand a chance to win a trip for two to New York. A trip for two to New York City for five nights Flights, accommodation, travel and Visa costs paid for Food and entertainment allowance to the value of ZAR50, New Balance apparel and footwear to train in and for race day for the competition winner The draw for the winner of the New York City prize will take place at the offices of the Promoter, on 30 April and will be conducted by means of a computer-generated algorithm to generate a random winner.
In the event of a dispute, the decision of the Promoter shall be final and binding on all aspects of the competition and no correspondence will be entered into. The prize winner will be contacted telephonically by the Promoter. The Promoter will attempt to contact the winner a maximum of three times. If these attempts are unsuccessful, the winner will forfeit the prize and a new winner will be selected. Prize is not transferable and shall not be exchanged for cash amounts.
The Promoter reserves the right to substitute the prize with another of similar commercial value. Prizes will under no circumstances be handed over or paid to a third party and will only be handed or paid directly to the verified prize winner. All information relating to this competition and published on any promotional material shall form part of the terms and condition of the entry.
The winners have a right to decline the invitation to use their image in marketing material or to participate in any marketing activities. The Promoter may in its sole discretion amend these terms and conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on the New Balance page on the Sportsmans Warehouse website.
If required to do so, because of legislative or regulatory reasons, the promotional competition may be terminated immediately and without notice. All claims for a prize will be subject to a security and validation check. All Participants agree to be bound by these completion rules.
If, for any reason, New Balance South Africa is unable deliver the competition grand prize, New Balance South Africa reserves the right to amend the grand prize to that of equal value.
Online Application: You must select the Join Sportsmans Rewards option when registering an online profile at www. In-Store Application: You will need to provide a cashier with your valid cell phone number, name and surname upon checkout at a Sportsmans Warehouse store. In order to obtain full membership benefits you will be required to provide subsequent information online. Consequently, Tugendhat J had been right to conclude that the choice to be made was between revealing the identity of JIH, or, revealing the general nature of the information which he was seeking to keep private.
However, his decision to opt for revealing JIH's identity had been based on his misunderstanding of JIH's position about the choice between revealing his identity or revealing details about the case. Appeal Lord Neuberger MR explained that there was obvious force in the argument that the public interest would be better served by publication of the fact that the court had granted an injunction to an anonymous well-known sportsman, on the basis of certain facts as set out above , than by being told that it had granted an injunction to an identified person to restrain publication of unspecified information of an allegedly private nature.
He referred to the concerns expressed by the Supreme Court in Guardian News and Media Limited [] UKSC 1 about the increasing number of anonymity orders, with reporting restrictions Legal update, Supreme Court agrees to newspaper's request to set aside anonymity orders. He considered that this concern could be substantially met if the courts complied with the principle highlighted above that judgments and orders were made available and disclosed as much as possible about the case.
Lord Neuberger MR emphasised that each case would turn on its own facts. There was no general rule that anonymisation was more, or indeed less, likely to result in greater interference with free speech and maintaining public scrutiny of the courts, than preventing the publication of more extensive information about the case. In this case, the crucial factor was the publication of the previous similar story about JIH's alleged liaison with YY.
If the court allowed JIH's identity to be revealed, it would not be a very difficult jigsaw exercise for the public to deduce the nature of the information. Although revealing the information about the case would narrow the field for those seeking to identify JIH, the MR pointed out that there had been quite a few stories of such nature published by the media in recent years.
Lord Neuberger MR concluded that it was right to agree to JIH's request for anonymisation and that as a result the information contained in this Court of Appeal judgment but no other information about the facts about the case, at least if they could lead to JIH's identification could be published. Comment The Court of Appeal's decision highlights how revealing limited information about a case can, in principle, be more helpful to the media and the public in general than revealing the identity of the claimant, when the two are alternative options.
The court's summary of the principles to be applied in privacy cases concerning requests for anonymity and reporting restrictions will be helpful to future litigants, as well as providing further guidelines to High Court judges in these situations. It will be interesting to see if there is any change in the form and public availability of court judgments and orders in cases where anonymity or reporting restrictions have been ordered. It is apparent that since the Supreme Court's decision in Guardian News and Media Limited requests for these form of orders are receiving increasing scrutiny by the courts, although they are still being granted.
General principles. High Court's decision. Recent searches:. Create a new lightbox Save. Create a lightbox Your Lightboxes will appear here when you have created some. Save to lightbox. Funds have always been a serious problem for British Athletes and sportsmen, particularly when competing with highly organized and heavily sponsored foreign challenge Apr.
Funds have always been a serious problem for British Athletes and sportsmen, particularly when competing with highly organized and heavily sponsored foreign challenge.
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