Terms & Conditions
Terms Of Service
1.1 OTBLooks provides information and promotes the sale of OTBLooks products through the website.
1.2 All users and/or consumers will use the website and/or enter into an agreement with OTBLooks on the OTBLooks terms and conditions.
1.3 By using the website, you agree to be bound by the OTBLooks terms and conditions in force at the time of using the website.
1.4 OTB may change the OTBLooks terms and conditions by publishing the amended terms on the website.
1.5 If you do not agree to be bound by the OTBLooks terms and conditions you may not use the website and/or must delete your account with OTBLooks.
In the OTB terms and conditions the following words will have the following meanings:
2.1 “On The Ball Sports and Marketing (Pty) Ltd, a South African company (Registration number: 2016/316695/07) with registered offices at 438 Dekgras Road,Silvertondale,Pretoria,South Africa.”
2.2 “consumer” or “you” means a person who has entered into an agreement with OTBLooks to purchase OTB products on the OTB terms and conditions;
2.4;“website” means www.otblooks.com
3. Website use and restrictions
3.1 OTB gives you a limited, revocable license to use the website subject to the OTB terms and conditions only.
3.2 Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.
3.3 You may only use the website if you are 18 years of age or older.
3.4 The website may only be used for personal, non-commercial reasons.
3.5 You may not:
3.5.1 provide any untrue or incorrect information to OTB or the website;
3.5.2 modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
3.5.3 lease, sell, assign or in any other way distribute information on the website without the prior written consent of OTB;
3.5.4 use malicious search technology, including but not limited to spiders and crawlers;
3.5.5 frame any pages of the website;
3.5.6 deep link to any pages of the website in a way to suggest that you are the owner or licencee of any intellectual property in the website;
3.5.7 use the website or linked websites, to post any material which in OTB’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, inappropriate in any way or otherwise violates any laws;
3.5.8 in any way disrupt the operations of the website, including but not limited to sending bulk email messages or spam messages.
4. Registration and User Account
4.1 You do not need to register with OTB to view a product or promotion advertised on the website. However, you do need to register in order to make a purchase on the OTB website.
4.2 OTB reserves the right to reject any new registration or to cancel an existing account at any time. Cancellation will not affect the validity of a purchase made before cancellation.
4.4 You must provide correct, up to date and true information to OTB. You must also update information if any of the information provided to OTB changes at any time. OTB reserves the right to close any accounts for breach of this clause without notice, including but not limited to accounts that have been registered with an invalid email address or an email address belonging to another individual.
4.5 You will be required to choose a password upon registration. Note that it is your responsibility to protect the privacy of your password. You may not provide this information to any third party and any individual to whom your password and username is disclosed will be considered authorised by you to act as an agent for you for the purposes of using the website. If you become aware of a breach of security regarding your password or personal login information, or any unauthorised use thereof, you must notify OTB immediately by email to firstname.lastname@example.org.
5. Using the website to purchase OTB products.
5.1 OTB is committed to conduct business on the applicable principles of the Consumer Protection Act 68 of 2008 (‘CPA’) and Electronic Communications and Transactions Act 25 of 2002 (‘ECT Act’).
5.2 OTB invites you to make an offer to purchase OTB products. The agreement for the sale of the OTB products is concluded when OTB sends you confirmation of receipt of the purchase price via email.
5.3 You agree that OTB will send all communications relating to your use of the website to the email address provided on registration. You may at any time opt out of receiving any promotional material from OTB.
6. OTB rights and duties
6.1 OTB will use reasonable endeavors to correct any omissions or errors on the website as soon as it is practical to do so after being notified thereof. However, subject to applicable law, OTB does not guarantee that the website or OTB product listing will be free of errors, and we do not accept liability for any omissions or errors. Should you encounter an error, please notify email@example.com.
6.2 While OTB endeavors to provide uninterrupted access to its website access to both may be restricted, suspended or terminated at any time and OTB does not guarantee that the user’s use of the website will be uninterrupted and further, we do not guarantee that any messages or information sent via the website will be transmitted reliably, accurately, in a timely manner or at all.
6.3 OTB reserves the right to modify, amend, substitute, suspend or remove without any prior notice any data, information or OTB products on the website.
6.4 If the website is down for any reason other than terminating the website, we will attempt to restore the website as soon as reasonably possible. OTB assumes no responsibility for functionality that is dependent on the Internet browser you use, or any other third party software to operate.
6.5 OTB reserves the right to remove and/or edit any content that in our reasonable opinion may lead to a breach of the agreement, and/or to block access to same.
7. Suspension and Termination
7.1 OTB my terminate the agreement and relationship with you immediately if:
7.1.1 you commit any breach of the agreement with us;
7.1.2 we have reasonable grounds to suspect that you are committing, or may commit, any fraud against us or any person.
7.2 OTB may terminate the website at any time in which event the agreement with you will be terminated immediately. After termination you will still be able to receive any OTB orders placed before termination.
7.3 OTB’s right to terminate the agreement with you shall not prejudice any other remedy or right we may have in law, including but not limited to institute action for damages or specific performance.
8.1 All users agree to indemnify, defend and hold us harmless against any liability, loss or damage we may suffer as a result of your use of the website, OTB Products, or any breach of the agreement with us.
9. Limitation of Liability
9.1 Although we shall take reasonable care to ensure the correctness of information, the website including all applications, scripts and content is provided as-is.
9.2 By using the website, you acknowledge and agree that you are downloading any content at your own risk, and the responsibility for the consequences of your usage of the content and the website lies solely with you.
9.3 Subject to applicable law, OTB shall not be liable for any direct, indirect, consequential, incidental, or economic loss or damages, including but not limited to loss of profit, loss of data, injury, loss of honor, dignity and/or goodwill resulting from the use of the website or the OTB products.
10.1 OTB may in its discretion enter into agreements with suppliers to advertise or offer their goods or services through the website.
10.2 OTB will always clearly indicate the goods or services offered by companies other than us.
10.3 Any advertisements may be displayed on OTB’s behalf by third party marketing companies.
11. Links to other websites and links from other websites
11.1 OTB may provide links to third party websites, solely for the purpose to provide information.
11.2 OTB has no control over the content, goods or services of these websites, and will not be liable for any damages, including economic and consequential loss that you may suffer as a result of any use of these websites or these websites not being available for any reason.
11.3 It may be possible for users to access micro-sites (that is, auxiliary websites that are supplementary to the primary website ,www.otbsports.co.za). This access may be made possible within or otherwise through external hyperlinks.
12. Intellectual Property Rights
12.1 We or the licencors or third party owners own all intellectual property rights (including but not limited to copyright, trademarks, patents, service marks, trade names, designs) in the website or informational material on the website or accessed through the website, including but not limited to designs, graphics and text, photos, music, software, video, sound and their arrangement and selection, and all software compilations, underlying source code and software (including scripts and applets), and it shall at all times remain the property of OTB or that of our licensors.
13.1 No Partnership/Agency:The agreement between you and OTB shall not be considered to establish a partnership, joint venture or agency relationship at any time.
13.2 Assignment:You may not delegate or assign or in any other way deal with any or all of your obligations or rights in terms of the agreement. OTB shall have the right to assign or in any other way delegate any or all of our obligations or rights to any person under this Agreement.
13.3 Force Majeure:OTB shall not be liable for any breach of the agreement in any circumstances where we are unable to carry out our obligations due to causes that are reasonably beyond our control, including but not limited to malicious damage, explosion, failure of any computer system or telecommunications devices or systems, compliance with any law, and/or accident, or by any resultant damage of such events.
13.4 Entire Agreement:The OTB terms and conditions includes all the terms agreed upon between the parties regarding its subject matter.
13.5 No Waiver:In the event of a waiver by us of any default by you in terms of the agreement it shall not be considered to be a waiver by OTB of any future defaults, regardless of whether said future default is of a same or different nature. No granting of time or other indulgence or forbearance by us to you shall not in any way discharge, release or otherwise affect your liability in terms of this Agreement.
13.6 Domicilium Citande et Executandi (‘domicilium’):You choose as domicilium address to receive all notices, the address provided to us during registration. We choose as our domicilium address our physical office at On The Ball Sports and Marketing (Pty) Ltd, a South African company (Registration number: 2016/316695/07) with registered offices at 438 Dekgras Road,Silvertondale,Pretoria.”
13.7 Governing Law:The relationship and agreement between the parties, shall be construed and regulated in accordance with, and governed by South African law, and both parties hereby submit to the exclusive jurisdiction of the courts of South Africa.