This page (together with the website sections referred to on it) tells the client (You) the terms and conditions on which Big Blue Media cc supply any of the Magazine Packs (Magazines) or the Extras and Accessories listed on our website www.sailandleisure.co.za. (Our Site) to You. Please read these terms and conditions carefully before ordering any Magazines from Our Site. You should understand that by ordering any of our Magazines, Extras or Accessories, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” on the checkout page if You accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Magazines from our site.
INFORMATION ABOUT US
www.sailandleisure.co.za is a site operated by Big Blue Media cc (BBM).
BBM is registered in South Africa: registration number 2011/059386 23 and with our registered office at: 69 Ocean View Drive, Green Point, Cape Town, 8005. Our VAT number is 4280264476.
Our Site is available for use by businesses and individuals internationally.
By placing an order through Our Site, You warrant that:
(a) You are legally capable of entering into binding contracts on behalf of yourself or your business;
(b) You are at least 18 years old;
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Please see the How to Order section of Our Site for information on how to place, check and make an order. All orders that You place on Our Site will be subject to acceptance in accordance with these terms and conditions.
- After placing an order, You will receive an e-mail or a letter from us acknowledging that BBM have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and BBM will confirm such acceptance to You by sending you an email or a letter to confirm acceptance of your order (the Acceptance Confirmation). The contract between us (Contract) will only be formed when BBM send you the Acceptance Confirmation.
- The Contract will relate only to those Magazines BBM have confirmed in the Acceptance Confirmation.
- BBM do not file details of the terms and conditions with your order for You to subsequently access direct on Our Site, therefore please print out these terms and conditions and the Acceptance Confirmation for your own records.
GOODS AND SERVICES PROVIDED
- Digital current Issue Magazine:
- Back-Issue Magazines: Copies of back issues in print format are subject to availability.
- Print and digital subscriptions: These are charged per annum on a recurring basis.
- Digital back-issues.
PRICE AND PAYMENT
- The price of any Magazines will be as quoted on Our Site from time to time, except in cases of obvious error.
- Payment may be made in advance by Credit Card
- All prices quoted are inclusive of delivery but exclusive of VAT unless otherwise specified.
- BBM retain the right to withhold delivery of Magazines should any payment or portion of payment thereof outstanding not be received.
- Prices are liable to change at any time, but changes will not affect orders in respect of which BBM have already sent You an Acceptance Confirmation. If our prices do change BBM will confirm the new price to You in writing.
- In the event of late payment, BBM reserve the right to charge interest on any outstanding sums. The parties hereto consent to the jurisdiction of the Magistrate’s court notwithstanding the fact that the claim may exceed the jurisdiction of the Magistrates Count in terms of Section 45 of Act 32 of 1944, as amended.
- In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, the infringing party shall be liable for:
- Tracing agent fees (if required);
- Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act;
- Collection Commission in the amount of 10% on each instalment paid to the debt collector or paid directly to the aggrieved party following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
- In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney to enforce his/her rights (including the right to receive payment), the infringing party shall be liable for:
- Tracing agent fees (if required);
- The attorney’s costs on an attorney and own client scale;
- Collection Commission in the amount of 10% on each instalment paid to the attorney or paid directly to the aggrieved party following handover of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
- The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.
VAT on all products and services BBM offer will be charged at the appropriate rate.
ANNUAL SUBSCRIPTION PERIOD
All subscriptions are on an annual basis. The subscription period will commence from the date of delivery of the first Magazine. Currently there are 4 issues per annum.
- This contract constitutes a rolling agreement and in the absence of any express notice from You to terminate the contract in accordance with our cancellation policy below, the contract will self-renew for an additional 12 month period subject to the same terms and conditions.
- BBM reserve the right to reasonably amend the terms and conditions of this contract with particular reference to any increases in the price and delivery price of goods, and will endeavour to provide You with a minimum of 6 weeks’ notice of their intention to do so.
- Prior to the renewal date and in accordance with the cancellation policy below, subscribers are welcome to cancel their subscription or switch to one of the alternative BBM magazine subscription services on offer.
- Once delivery of your first Magazine has been made, no refunds will be given for total or part cancellation of the subscription by You. The subscription renewal for a further 12-month agreement will be sent to the customer 2 months before expiration of the customer’s existing subscription. If the customer does not wish to renew his/her subscription, the customer is required to provide written notification of his/her intention not to renew to BBM, failing which the subscription will automatically be renewed for a further twelve months at full cost to the customer. This notification by the customer to BBM must be received by BBM prior to the end of the 2-month notification period or the subscription will automatically be deemed renewed.
- You will remain liable for the cost of the remaining element of your Magazine subscription and undertake to pay BBM in respect of the cost of the outstanding subscription period and any costs incurred by BBM in recovering these monies.
- You may not assign or sub-contract any of your rights or obligations under this contract to any third parties unless expressly agreed in writing by BBM.
- The Magazines will be delivered to your nominated address by secure carrier.
- Magazines damaged prior to delivery will be replaced free of charge however no liability can be accepted for goods damaged subsequent to delivery.
- Whilst every effort will be made to effect delivery in accordance with the time specified, the time for delivery shall not be of the essence of the agreement and BBM will not accept responsibility or be liable for any loss or damages occasioned by delay in delivery, howsoever caused.
- Any concern relating to the delivery date, or general condition of the Magazines delivered must be notified to us within 7 days from the date on which the Magazines were or should have been delivered. Should any defects or discrepancies not be reported to us within this time, You will be deemed to have accepted the goods.
- BBM must be notified of any changes of address at least 3 weeks in advance of delivery, in writing or by telephone, quoting the old and the new address. BBM will not be held responsible for any incorrect deliveries resulting from a failure to notify BBM of a change of address in the prescribed manner.
- Except for weekends and Public Holidays, BBM must be notified of any periods of closure of your business or business premises, at least three weeks prior to the anticipated date. Where delivery of your Magazines is likely to coincide with this date and notice has been received, BBM will arrange for the temporary storage of the Magazines and an alternative delivery will be arranged for a mutually convenient time. Where no notice is received and BBM or our authorised agents are unable to successfully deliver the Magazines, any delivery charges incurred directly or indirectly by us will be payable by You.
RETENTION OF TITLE
You expressly agree that until You have paid in full for the Magazines comprised in this or any other agreement with BBM, the goods remain the property of BBM. Should outstanding payments for goods not be forthcoming, You undertake to pay all costs BBM incur in the collection of any such sums due, including legal costs.
- BBM shall not be liable to You or be deemed in breach of this agreement by reason of any delay in performing, or any failure to perform any of BBM’s obligations under this Contract, if the delay or failure was due to any cause beyond BBM’s reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by You; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the agreement.
- In the event that the Magazines prove to be defective for any reason, including negligence, BBM’s liability (if any) shall be limited to the rectification of the defect. Where BBM rectify defective Magazines under this term You shall not be entitled to any further claim in respect of the Magazines delivered nor shall You be entitled to treat delivery thereof as a ground for repudiating the agreement, failing to pay for the Magazines or cancelling further deliveries.
- BBM shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract or any further agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by BBM’s negligence or negligence by BBM’s employees or agents or otherwise) which arise out of or in connection with the supply of the Magazines.
- BBM reserve the right to refuse to enter an agreement with any business, without providing reasons for this refusal.
- BBM’s aggregate liability in connection with this contract or any further agreement (whether in contract, tort or otherwise) for loss or damage shall not exceed the price of the subscription in respect of one incident or a series of incidents, except as expressly provided in these Terms.
CONFIDENTIALITY, DATA PROTECTION AND INDEMNIFICATION
- BBM undertake to You that BBM shall use all reasonable endeavours to prevent its employees and contractors divulging or communicating to any person, except as may be required by law or any other legal or regulatory authority, any confidential information about You which may come to BBM’s knowledge.
- BBM are committed to protecting Your privacy. BBM will take all reasonable precautions to keep the information You provide it with, secure and only use the information to provide the Services and Goods lawfully.
- You agree to indemnify and hold BBM Media harmless from any claim, demand, or damage due to or arising out of your subscription or conduct on the Site and any data loss that may occur for any reason what so ever.
- Big Blue Media and Sail + Leisure are registered trademarks and all intellectual property rights, including but not limited to copyright, trademarks and trade names are owned solely by Big Blue Media CC. The use of any of these names without BBM’s express permission, is strictly prohibited.
- All the content, trademarks and data on Sail + Leisure (https://www.sailandleisure.co.za), including but not limited to, software, databases, text, graphics, videos, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to BBM and as such are protected from infringement by local and international legislation and treaties.
- To obtain permissions for the commercial use of any content you are required to contact us in order to proceed.
Applicable laws require that some of the information or communications BBM send to You should be in writing. When using Our Site, You accept that communication with us will be mainly electronic. BBM will contact you by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that BBM provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by You to us must be given to Big Blue Media cc at 69 Ocean View Drive, Green Point, 8005 OR email@example.com. BBM may give notice to You at the e-mail address, postal address or physical address which you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- You select the physical address which you provide to us when placing an order as your domicilium citandi et executandi and You specifically agree that the physical address may be used by BBM to serve all documents of whatsoever nature, including, but not limited to legal notices and legal process.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract is binding on You and BBM and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- BBM may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- If BBM fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if BBM fail to exercise any of the rights or remedies to which BBM are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
- A waiver by BBM of any default shall not constitute a waiver of any subsequent default.
- No waiver by BBM of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 18.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- BBM and You each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- BBM have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order Magazines from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if BBM notify You of the change to those policies or these terms and conditions before BBM send You the Acceptance Confirmation (in which case BBM have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary within seven working days of receipt of the Magazines).
- BBM Gear abides by a strict privacy and confidentiality policy. No credit card information is stored on our servers. BBM will use the information You give us to process your order and keep You informed of its progress, to give effect to your payment instructions, to deliver your purchase to you. If you choose to subscribe to our free newsletter, we will use any additional information you choose to give us for the following purposes: to contact you with special offers from time-to-time; to advise you of new products, supplier offers, instruction courses, upgrades, and other benefits which directly address your own areas of interest, hobbies, pastimes; to bring you exclusive information about special, discounts, close-outs, sale items, and similar offers; to enter you automatically into competitions where you can win an array of exciting prizes on a regular basis.
- BBM collects personal information about our customers and the recipient only when our customers voluntarily provide it. BBM relies on an implied consent when the purpose would be considered obvious to a reasonable person and the individual voluntarily provides the personal information for that purpose such as buying our product or for services. BBM will not collect, use or disclose any personal information for any purpose other than that for which consent has been provided. We will only use or disclose to meet legal or regulatory requirements.
A cookie is a small file of information that a website creates when you visit it. These cookies can track how, when, website(s) visited, and they store that information. Sail + Leisure (www.sailandleisure.co.za) only uses session cookies and will not persist data. This means that once you leave our website all cookie information is terminated after 24 hours.
LINKS TO OTHER SITES:
This site may provide links to other Internet sites but that is for client convenience and for information purposes. We are not responsible for their content or their privacy policies.
LAW & JURISDICTION
- These Terms & Conditions are subject to South African Law and You consent to the exclusive jurisdiction of the South African courts in all matters regarding this contract or any further agreement.
- ECT Compliance: The ECT Act states that when we offer goods or services by way of certain electronic transactions the following must be made available:
Full name: Big Blue Media cc (www.sailandleisure.co.za)
Main business: Publishing
Webmaster: webmaster@ sailandleisure.co.za
Website: https://www. sailandleisure.co.za
Official email address: admin@ sailandleisure.co.za
The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from: http://www.acts.co.za/promotion_of_access_to_information_act_2000.htm
Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither BBM nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, BBM makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
Users are encouraged to report any possible malfunctions and errors. This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with BBM that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
Changes to these Terms and Conditions:
BBM reserves the right to modify this Privacy Statement at any time without notice. The Privacy Statement posted on the website shall be deemed current and in effect.
We strive to make your experience easy, enjoyable, and hassle-free. Please feel free to contact us with any questions you may have on this matter.
To contact us click here or on the “Contact Us” button at the top or bottom of this page.