General terms
IMPORTANT NOTICE
Your attention is drawn in particular to clauses rendered in bold capitals in these General Terms. What follows is a summary for convenience only. Users and participants remain bound by the full General Terms, Privacy Policy, Cookie Policy and official communications issued by the Organisers. It is your responsibility to read these Terms carefully.
By accessing the Website, creating an account, registering for an Event, purchasing Event-related products or services, or participating in any Nelson Mandela Marathon or Nelson Mandela Marathon Global Running Series activity, you acknowledge and agree that:
- use of the Website, registration systems, digital platforms and participation in the Event is entirely at your own risk (clauses 7 and 8);
- endurance running events involve inherent risks including injury, illness and death (clauses 7 and 8);
- the Organisers may collect, process and share personal information in accordance with the Privacy Policy (clause 10);
- the Organisers may amend, postpone, suspend, reroute or cancel Events due to operational, safety or force majeure circumstances (clause 6);
- the Organisers limit their liability, users and participants indemnify the Organisers in various circumstances (clause 7 and 8);
- disputes may be referred to mediation and/or arbitration in South Africa (clause 11).
These General Terms shall be interpreted, where applicable, in accordance with the Consumer Protection Act 68 of 2008.
INTRODUCTION
- These General Terms govern the relationship between the Organisers and all users of the Nelson Mandela Marathon and the Nelson Mandela Marathon Global Running Series websites, digital platforms, registration systems and Events.
- These General Terms apply to:
- Website users;
- account holders;
- participants;
- spectators where applicable;
- purchasers of Event-related goods or services;
- volunteers;
- and any individual engaging with the Event or related activities.
- By using the Website, creating an account, entering an Event or participating in any Event activity, you agree to be bound by these General Terms, the applicable Event Rules, Privacy Policy, Cookie Policy and any additional Event-specific terms.
DEFINITIONS
- “Event” means the Nelson Mandela Marathon and any associated Nelson Mandela Marathon Global Running Series race, activation, programme, digital experience or related activity.
- “Nelson Mandela Marathon Global Running Series” means the global series of running events, experiences and initiatives associated with the Nelson Mandela Marathon.
- “Organisers” means Golazo South Africa (Pty) Ltd and/or any affiliated Golazo entity, authorised event organiser, partner or service provider involved in the organisation, operation or delivery of the Event.
- “Participant” means any individual who enters, attends or participates in the Event.
- “Website” means the official Nelson Mandela Marathon and/or the Nelson Mandela Marathon Global Running Series website located at www.nelsonmandelamarathon.com, including any associated subdomains, mobile platforms, registration systems, digital platforms or such other URL as may be designated by the Organisers from time to time.
- “Event Rules” means all rules, regulations, technical instructions, participation requirements and operational protocols applicable to a particular Event.
CONTACT INFORMATION
Golazo South Africa (Pty) Ltd
Registration Number: 2025/196160/07
Physical Address: 65 Ave De Mist, Rondebosch, Cape Town, South Africa
Telephone: +27 87 820 7223
Email: info@nelsonmandelamarathon.com
Website: www.nelsonmandelamarathon.com
ACCOUNT REGISTRATION
- Users may be required to create an account in order to register for Events or access certain Website features.
- Users are responsible for ensuring that all information submitted is accurate, current and complete.
- Users are responsible for maintaining the confidentiality of account credentials and passwords.
- The Organisers reserve the right to suspend or terminate accounts where false information, fraudulent conduct or misuse of the Website is identified.
- Users may not misuse the Website or associated digital platforms, including through unauthorised access, interference, fraudulent activity, introduction of malicious software or any activity that may compromise the integrity, security or functionality of the Website or Event systems.
- Participants and users consent to receiving electronic communications from the Organisers relating to Event operations, registrations, safety, updates, marketing communications where consent has been provided, and other matters reasonably connected to the Event.
PAYMENT TERMS
- Entry fees and charges apply to participation in Events and related products or services.
- Payments may be processed through authorised third-party payment providers and gateways.
- Payments by participants registering within South Africa shall be made in South African Rand (ZAR). The Organisers reserve the right to make alternative currencies, including Euros (EUR) and United States Dollars (USD), available for participants registering from other jurisdictions.
- Participants acknowledge that:
- exchange rate fluctuations may apply;
- taxes and VAT may be added where applicable;
- international transaction fees may apply depending on the participant’s financial institution or payment provider.
- Once payment has been processed, participants are deemed to have read and accepted these General Terms and all applicable Event Rules.
- The Organisers reserve the right to amend pricing at any time prior to confirmation of registration.
- Participant payment card details are processed by authorised third-party payment gateway providers. The Organisers do not themselves store or directly process participant payment card information on Event platforms.
COOLING-OFF, CANCELLATIONS AND REFUNDS
- The Organisers may, at their sole discretion, upon a participant’s request permit cancellations, substitutions, transfers or deferrals subject to:
- applicable deadlines;
- administrative fees;
- operational capacity; and
- official procedures published by the Organisers.
- Merchandise, hospitality packages, charitable donations, travel packages, upgrades and Event-related add-ons may not be refundable unless otherwise determined by the Organisers.
- Participants who do not attend the Event shall not automatically be entitled to refunds, credits or deferrals.
- Refunds, where approved, shall be processed subject to applicable banking, payment gateway and administrative requirements.
LIMITATION OF LIABILITY AND INDEMNITY
- USE OF THE WEBSITE, REGISTRATION SYSTEMS, DIGITAL PLATFORMS AND PARTICIPATION IN THE EVENT IS ENTIRELY AT THE PARTICIPANT’S OWN RISK.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ORGANISERS, HOST CITIES, PARTNERS, SPONSORS, SERVICE PROVIDERS, GOVERNMENT AUTHORITIES, RIGHTS HOLDERS, CONTRACTORS, OFFICIALS, VOLUNTEERS AND AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, ILLNESS, DISABILITY, DEATH, EXPENSE, COST OR LIABILITY OF WHATSOEVER NATURE ARISING DIRECTLY OR INDIRECTLY FROM:
- USE OF THE WEBSITE, DIGITAL PLATFORMS OR REGISTRATION SYSTEMS;
- PARTICIPATION IN THE EVENT;
- ATTENDANCE AT THE EVENT;
- USE OF EVENT FACILITIES OR AMENITIES;
- SYSTEM FAILURES, CYBER INCIDENTS OR TECHNICAL INTERRUPTIONS;
- DEFECTIVE EQUIPMENT OR MATERIALS;
- HUMAN OR MECHANICAL ERROR;
- SAFETY FAILURES;
- MEDICAL TREATMENT; OR
- ANY OTHER CAUSE WHATSOEVER.
- Users and Participants indemnify the Organisers and associated entities against claims arising from their use of the Website, digital platforms, registration systems or participation in the Event, to the maximum extent permitted by law.
- Nothing in this clause shall exclude or limit liability arising from gross negligence, wilful misconduct, fraud, or any other liability which may not lawfully be excluded or limited under applicable law.
- The contents of this Limitation of Liability and Indemnity clause shall be interpreted to the extent necessary to ensure compliance with the Consumer Protection Act 68 of 2008 and applicable South African law. If any provision of this clause is found by a court or competent authority to be invalid, unlawful or unenforceable, such finding shall apply only to that provision, and the remainder of this clause shall remain valid and enforceable.
THIRD-PARTY INDEMNITY
- Participants agree to indemnify and hold harmless all Event service providers, suppliers, municipalities, venue operators, emergency personnel, medical providers, timing providers, volunteers and contractors involved in the Event against claims arising directly or indirectly from participation in or attendance at the Event.
- Doctors, paramedics and medical personnel who assist participants during the Event do so independently and not as representatives of the Organisers.
- Participants make use of such services entirely at their own risk.
EVENT RULES
- The rules applicable to each Event shall be published on the Website and/or communicated through official Event channels.
- Event Rules are intended to promote participant safety, operational integrity and fairness.
- Participants agree to comply with all applicable:
- Event Rules;
- applicable federation rules;
- technical instructions;
- safety protocols;
- directives issued by officials or authorities.
PERSONAL INFORMATION
- Participants expressly agree that the Organisers may collect, process, store and share personal information in accordance with the Privacy Policy.
- Personal information may be processed for:
- registration and administration;
- operational management;
- timing and results;
- communications;
- safety and medical support;
- statistical analysis;
- marketing where consent has been provided; and
- participation in the Nelson Mandela Marathon Global Running Series activities.
- Personal information may be processed or transferred across jurisdictions where reasonably necessary for the administration, operation or development of the Nelson Mandela Marathon Global Running Series, subject to applicable data protection laws.
- While the Organisers implement reasonable security measures to protect personal information and digital systems, the Organisers shall not be liable for unauthorised access, cyber incidents, system failures or data breaches arising from circumstances beyond their reasonable control.
DISPUTE RESOLUTION
- Should any dispute of whatsoever nature arise between the parties concerning these General Terms or participation in the Event, the parties shall first attempt to resolve the dispute through good faith negotiations. This entails that one party shall invite the other party in writing to meet and attempt to resolve the dispute within ten (10) Business Days from the date of the written invitation.
- If the dispute has not been resolved through such negotiations, either party may submit, by written notice to the other party, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation upon the terms set by the AFSA Secretariat. The receipt by either party of such notice shall constitute submission of the dispute to arbitration for purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act 68 of 1969, or any amendment thereto or replacement legislation.
- Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.
- This clause constitutes an irrevocable consent by the parties to any proceedings in terms hereof and neither of the parties will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.
- The foregoing will not restrict the right of the Parties to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.
GOVERNING LAW AND JURISDICTION
- These General Terms are governed by and construed in accordance with the laws of the Republic of South Africa.
- Subject to clause 16 (Dispute Resolution), the parties submit to the jurisdiction of the courts of the Republic of South Africa in relation to:
- urgent interim relief;
- enforcement of arbitration awards; or
- any matter which may not lawfully be resolved by arbitration.
SEVERABILITY
If any provision of these General Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.