Website Terms and Conditions of Use
It is important to note that the use of this Website is subject to the terms and conditions of use set out below. By using this Website you agree to observe all terms & conditions of use, including any privacy or other policies which may appear elsewhere on this Website. If you do not agree with any term of these Terms and Conditions, you must cease your access of this Website immediately.
- Definitions and Interpretation
- “NGA” means the National Gambling Act 7 of 2004.
- “Top Betting” means Springjock Media (Pty) Ltd. Registration number 2024/091132/07.
- “You” or the “user” means any person who accesses this Website for any purpose.
- “Website” means the website of Top Betting at URL www.topbetting.co.za or such other URL as Top Betting may choose from time to time.
- Use Subject to these Terms and Conditions
- Your use of and access to this Website is at all times governed by the terms of these terms and conditions, and by accessing this Website you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Website.
- If you do not agree to these terms and conditions, you must cease your access of this Website immediately.
- These terms and conditions include Top Betting’s Privacy Policy, which is included herein by reference.
- Please note that, due to legal and other developments, Top Betting may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
- Content
- All information viewed or accessed from this Website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
- All material included on the Website is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.
- You should not act or refrain from acting on the information contained in this Website without first verifying the information and as necessary obtaining legal and/or professional advice.
- The contents of the Website should under no circumstances be seen as an offer, quotation or invitation to do business.
- Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. Top Betting makes no representations or warranties whatsoever as to the accuracy of the information contained in this Website.
- Top Betting does not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party sites hyperlinked by Top Betting on the Website will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
- You acknowledge that Top Betting and this Website do not engage in, conduct or make available to the public any gambling activities as defined in the NGA and, as such, is not required to be licensed with the National Gambling Board or any provincial gambling board.
- Third Party Sites
- The Website contains hyperlinks to websites owned and / or operated by third parties. Top Betting is not responsible for the content of such websites and does not endorse or approve the contents thereof.
- Top Betting consequently does not accept any liability in connection with any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by Top Betting) and is not responsible for the content of any third party website that is linked to this Website. The fact that a third party website is linked to this Website does not automatically imply that Top Betting sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the third party website.
- You furthermore acknowledge that you are solely responsible and liable for your use of, and any content that you may send or post to, any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by Top Betting).
- Without derogating from the generality of the above, Top Betting makes no representations and / or warranties about the legality and / or lawfulness of the operations of the third party websites that may be hyperlinked by Top Betting on this Website, including but not limited to any representations and / or warranties that any third party website is compliant with the NGA and any provincial gambling legislation to which the third party website may be subject (regardless of whether or not a link has been permitted by Top Betting).
- Minors and Excluded Persons
- BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT MINORS, I.E. PERSONS YOUNGER THAN 18 YEARS OF AGE, AND PERSONS REGISTERED AS EXCLUDED PERSONS IN TERMS OF THE NGA ARE NOT PERMITTED TO PARTICIPATE IN ANY GAMBLING ACTIVITIES AS DEFINED IN THE NGA AND YOU ACKNOWLEDGE THAT TOP BETTING PROVIDES HYPERLINKS TO SUCH ENTITIES WHICH OFFER GAMBLING ACTIVITIES WHICH MINORS AND EXCLUDED PERSONS ARE PROHIBITED FROM PARTICIPATING IN.
- YOU FURTHER ACKNOWLEDGE THAT THIS WEBSITE IS NOT DIRECTED TO PERSONS UNDER THE AGE OF 18 AND IS INTENDED TO BE USED BY PERSONS OVER THE AGE OF 18 AND WHO ARE NOT REGISTERED AS EXCLUDED PERSONS. MINORS AND EXCLUSIVE PERSONS ARE CONSEQUENTLY PROHIBITED FROM USING THIS WEBSITE AND/OR ACCESSING OR USING ANY THIRD PARTY WEBSITE WHETHER THAT THIRD PARTY WEBSITE IS LINKED TO THIS WEBSITE OR NOT AND WHICH THIRD PARTY WEBSITE ENGAGES IN, CONDUCTS OR MAKES AVAILABLE TO THE PUBLIC ANY GAMBLING ACTIVITIES AS DEFINED IN THE NGA (REGARDLESS OF WHETHER OR NOT A LINK HAS BEEN PERMITTED BY TOP BETTING).
- ANY PERSON WHO ACCESSES AND/OR USES THIS WEBSITE WARRANTS THAT THEY ARE NOT:
- A MINOR; OR
- REGISTERED AS AN EXCLUDED PERSON.
- TOP BETTING ACCORDINGLY DISCLAIMS ANY RESPONSIBILITY FOR OR LIABILITY IN CONNECTION WITH THE PARTICIPATION BY A MINOR OR EXCLUDED PERSON IN ANY GAMBLING ACTIVITIES ENGAGED IN, CONDUCTED OR MADE AVAILABLE BY A THIRD PARTY WEBSITE, WHETHER THAT THIRD PARTY WEBSITE IS LINKED TO THIS WEBSITE OR NOT AND WHETHER OR NOT THAT MINOR OR EXCLUDED PERSON ACCESSED THE THIRD PARTY WEBSITE THROUGH USE OF THIS WEBSITE (REGARDLESS OF WHETHER OR NOT A LINK HAS BEEN PERMITTED BY TOP BETTING).
- Intellectual Property
- Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Website is owned by Top Betting, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by Top Betting or any other party.
- The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Top Betting. However, Top Betting permits you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on this Website provided that:
- you do not modify the content of this material;
- the Website is the acknowledged source including the reference www.topbetting.co.za; and
- this permission may be revoked at any time by Top Betting.
- No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless as set out in these terms and conditions.
- Linking, Framing and Crawling
- The express permission in writing of Top Betting is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for permission can be emailed to web@topbetting.co.za.
- Permission to link to this Website is given without assumption of any liability. Top Betting reserves the right to withdraw permission granted to link to this Website at any time and for any reason.
- The express permission in writing of Top Betting, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to web@topbetting.co.za.
- Apart from bona-fide search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of Top Betting.
- Security
- Top Betting will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.
- While Top Betting takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
- Personal Information
- Further information regarding the manner in which Top Betting respects the privacy of users’ personal information is contained in the Privacy Policy.
- Disclaimer and Indemnity
- Top Betting expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and Top Betting had been advised of the possibility of the same. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
- You agree to indemnify and hold harmless Top Betting, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.
- Jurisdiction
- These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Top Betting both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.
- General
- These terms and conditions contain the record of the entire agreement between users and Top Betting in respect of access to and use of the Website.
- If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
- Top Betting’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Top Betting in writing.
- Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.