Terms & Conditions

This website can be accessed at https://marathonmonopoly.com related mobi-sites and software applications (the “Website”) and is owned and operated by Sportsvendo International (Pty) Ltd.

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for a range of goods.

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of Sportsvendo International (Pty) Ltd or a third party; and/or

may create risk or liability for the user; and/or

may compel the user to indemnify Sportsvendo International (Pty) Ltd  or a third party; and/or

serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Sportsvendo International (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website. 

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Sportsvendo International (Pty) Ltd in terms of the CPA.

Sportsvendo International (Pty) Ltd permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Registration and use of the website

Only registered users may order Goods on the Website.

To register as a user, you must provide a unique username and password and provide certain information and personal details to Sportsvendo International (Pty) Ltd. You will need to use your unique username and password to access the Website in order to purchase Goods.

You agree and warrant that your username and password shall:

be used for personal use only; and

not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify Sportsvendo International (Pty) Ltd immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Sportsvendo International (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised  Sportsvendo International (Pty) Ltd representative.

Conclusion of sales and availability of stock

Registered users may place orders for Goods, Sportsvendo International (Pty) Ltd  may accept or reject. Whether or not Sportsvendo International (Pty) Ltd or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Sportsvendo International (Pty) Ltd for the Goods.

NOTE: Sportsvendo International (Pty) Ltd or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Sportsvendo International (Pty) Ltd or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Sportsvendo International (Pty) Ltd stating that your order or payment has been confirmed.  Sportsvendo International (Pty) Ltd will indicate the rejection of your order (by Sportsvendo International (Pty) Ltd itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Sportsvendo International (Pty) Ltd, Sportsvendo International (Pty) Ltd will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Sportsvendo International (Pty) Ltd will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

In the case of Goods for sale by a Third Party Seller, Sportsvendo International (Pty) Ltd relies on inventory information supplied by the relevant Third Party Seller and Sportsvendo International (Pty) Ltd accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.  Secure online platform Tixsa.co.za will be used for all sales.

Whether the Goods are for sale by Sportsvendo International (Pty) Ltd or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –

Debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

Instant EFT;

Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Sportsvendo International (Pty) Ltd offers 5 – 7 work days delivery of Goods to you. Delivery via Courier.

Where it accepts your order, Sportsvendo International (Pty) Ltd or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Sportsvendo International (Pty) Ltd obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.  Please ensure your physical delivery address is completed in full, accurately with detail as per Tixsa.co.za online order form to avoid delays or hold up in delivery. Sportsvendo International (Pty) Ltd is not responsible for any loss, damage or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Sportsvendo International (Pty) Ltd shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Third Party Sellers

Sportsvendo International (Pty) Ltd will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Sportsvendo International (Pty) Ltd only provides the platform to facilitate transactions between Third Party Sellers and Sportsvendo International (Pty) Ltd customers. Sportsvendo International (Pty) Ltd is neither the buyer nor the seller of these Goods unless otherwise specified.

The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Sportsvendo International (Pty) Ltd  is not a party to that sale.

The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

Because Sportsvendo International (Pty) Ltd wants the registered user to have a safe and consistent experience, Sportsvendo International (Pty) Ltd will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Sportsvendo International (Pty) Ltd own Returns Policy. Should such claim escalate into being a dispute, although Sportsvendo International (Pty) Ltd is entitled to become involved in an attempt to resolve it, Sportsvendo International (Pty) Ltd is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

Changes to these Terms and Conditions

Sportsvendo International (Pty) Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in above.

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Sportsvendo International (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to Sportsvendo International (Pty) Ltd .

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help page.

Where any of the Website Content has been licensed to Sportsvendo International (Pty) Ltd 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.

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Sportsvendo International (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, Sportsvendo International (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Sportsvendo International (Pty) Ltd  representatives, Sportsvendo International (Pty) Ltd shall not be bound thereby.

Sportsvendo International (Pty) Ltd disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Sportsvendo International (Pty) Ltd , its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Sportsvendo International (Pty) Ltd 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 Sportsvendo International (Pty) Ltd, its employees, agents or authorised representatives. Sportsvendo International (Pty) Ltd 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.

Linking to third party websites

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Sportsvendo International (Pty) Ltd is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely 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 Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

Sportsvendo International (Pty) Ltd cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Sportsvendo International (Pty) Ltd, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.

Sportsvendo International (Pty) Ltd SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY Sportsvendo International (Pty) Ltd AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Sportsvendo International (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Sportsvendo International (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Sportsvendo International (Pty) Ltd is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Sportsvendo International (Pty) Ltd to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Sportsvendo International (Pty) Ltd , in whole or in part, on notice to you. Sportsvendo International (Pty) Ltd shall only be liable to refund monies already paid by you (see Sportsvendo International (Pty) Ltd Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Sportsvendo International (Pty) Ltd .

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Sportsvendo International (Pty) Ltd, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

Sportsvendo International (Pty) Ltd, 333 Edward Street, Waterloof Pretoria  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).  Sportsvendo International (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.

Information

For the purposes of the ECT Act, Sportsvendo International (Pty) Ltd  information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Sportsvendo International (Pty) Ltd , a private company registered in South Africa with registration number 201725878907

Physical address for receipt of legal service (also postal and street address):  333 Edward Street, Waterkloof, Pretoria (marked for attention: CEO and Legal)

Phone number: +27 8709700011

Email address: data@sportsvendo.co.za

General

Sportsvendo International (Pty) Ltd may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Sportsvendo International (Pty) Ltd to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

These Terms and Conditions contain the whole agreement between you and Sportsvendo International (Pty) Ltd and no other warranty or undertaking is valid, unless contained in this document between the parties.

Standard Returns Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair/replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Sportsvendo International (Pty) Ltd and Tixsa.co.za.  Third Party Sellers to be contacted directly. 

This Policy forms part of the Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Covid 19 Returns Terms and Conditions

Government restrictions that have been put in place during the national Covid-19 lockdown:

All items logged for return during the national lockdown can be collected via courier.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

package your products safely and securely for protection during transit;

clearly mark your return reference number on the outside of the parcel; and

include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

The following will NOT be regarded as defects and will not entitle you to a return

faults resulting from normal wear and tear;

damage arising from negligence, user abuse or incorrect usage of the product;

damage arising from electrical surges or sea air corrosion;

damage arising from a failure to adequately care for the product;

damage arising from unauthorized alterations to the product;

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 7 days after delivery of the product.

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

You can return a damaged product to us at no charge, provided:

With the original box, labels, stickers and content;

Unused;

it is not missing any accessories or parts;

Charges and refunds

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law)  refuse the return,  or only to replace the item that you did return; or to estimate the value of the missing accessories and parts and to credit or refund you in respect of the returned item only.

If you return a product that does not comply with this Policy, you may be liable to reimburse Sportsvendo International (Pty) Ltd for the cost of collecting the product from you and the cost of having the product returned to you.

Under no circumstances will donations you make on our Website, or any goodwill credit you may receive from us, be refunded.

Please note that we only refund to the payment method that you originally used – i.e. payment by debit/credit card will be refunded to the same credit card, payment by Instant EFT will be refunded to your nominated bank account.