When you join us you agree to stick to our rules and we agree to stick to our promises. Everyone must agree to these terms, and if you do not want to, now is the time to bail out and go ride on your own or with 'friends' on Whatssap :)
(Hyper-important: users intending using the facilities we are about to inform you about, being TRAILS, belonging to various and varied landowners and / or managed by trail managers must adhere to these terms. Remember that, Mr Cyclist and Ms Runner. Your trail relationship is with the Owner or Manager of whichever trail you sign up for. By the same token, all other users are bound to trail users upon point of entering into a relationship by means of permitting the sale of a trail pass. (Huh? It means that if a rider or runner carries a pass as per the land he/she's on, they will be honoured within the rules of said place's trails and the place itself.)
Onwards and upwards (downhills not mentioned as these are actually less available wrt time spent in (or out of) a saddle): Our platform enables you to purchase permits to use some body's facilities (we call these facilities "trails"). To use the Engena platform you must have a user account. You must create a username and supply certain login details, such as a mobile phone number and email address, preferably an email address such as with Gmail. Then you need to whitelist our domain so that mail doesn't end up in the trash tin.
Your login credentials must be kept safe by YOU. Please remember when someone logs in with your credentials we will assume it's YOU, and NOT someone else. We can't stress this enough - do not give your details to anyone, ever!
If you know (or suspect) someone has your credentials we insist you change your password ASAP (on our system) and report the problem to us. Latter can be done via our support email address: email@example.com
We promise to never sell ANY personal information. We might give some info away to our partners. We'll ask your permission first. Do unto others as you would have them do unto you.
You have the warranties you are entitled to in terms of your local consumer protection laws.
As far as the law allows, we are not liable to you for any losses you may suffer, including, without limitation, any loss of profit or revenue, or any indirect, special, consequential or punitive damages suffered as a result of your use of our platform.
Your access to our platform depends on your use of telecommunications networks and devices that are outside of our control. It is your responsibility to select the best networks and devices.
We may have to change our terms to keep them up to date. We will announce such changes at least 14 days before the changes apply, via email and possibly other means too. All rights not expressly granted to you are reserved.
Each of these terms stands on its own feet and if one term is unenforceable it will not affect the remaining terms. Sometimes we decide to give away things for free or we decide to make certain allowances. It is up to us to do so, and sometimes not do so. If for some reason we don't enforce any of these terms it does not mean we have given up our rights. The laws of South Africa rule our relationship.
We respect privacy. We respect your privacy. We all respect each others' rights and privacy, be you a land owner, a trail builder, a rider or a payment platform provider. You joined our community. As a result we sometimes get some of your personal information and trail-use habits. This is inevitable. Otherwise we cannot render our services to you.
You can decide how much information you give us but you must provide us with at least the minimum information as required by the registration process. The information on your profile tells us something about yourself, the area where you live and your preferences. We also ask for a picture to be uploaded. You must provide clear mugshots, with no obstructive devices covering the face, in order for us to be able to show the trail owner what you look like. (So, lose the crash-hat and goggles, just for this shot.)
Sometimes we use user information to put together statistics about your use of the services - but stats will be aggregated information and you can't be identified from such statistics.
You can contact our privacy officer via email at firstname.lastname@example.org to enquire what personal information relating to you we have, and how we use it. Sometimes we need to share some of your personal information with our service providers to allow them to render services to us, such as with our payment gateway providers. We respect the law and sometimes we are required by law to hand over information to the authorities.
We suggest that you regularly update your information on your profile to ensure that it is correct and up to date. If you feel unhappy about our information practices you may object by informing our privacy officer at email@example.com
We continuously review our information security practices to make sure no-one gains unauthorised access to your personal information. Only those employees and service providers who require access to our users' personal information to do their job, may get access.
We may remove profiles and terminate our agreement with any user, no matter who you are, or think you are. No party aware of this agreement shall use or disclose the other party's confidential information unless permitted to do so. Our services are personal to you and you may not transfer any rights or obligation under this agreement to anyone else.
Please accept the fact that we will take a % of permit sales, and pass a whack on to our payment gateway partners. Our fee will be never be more than 10% of the total transaction value. Landowner / trail manager: Please chat to us to tailor something for you.
We will pay monies where due within 30 days of receiving same from our payment gateway partners. So, we need to know relevant bank account details. Please ensure we have the right details.
We will supply designated / relevant entities with data of user usage and access every day, both before and after their time on trails, as and whenever possible.
When YOU (this means anyone, even robotexts) agree to use our services, and if we do not fail you as per all above, landowners must continue using our services as one of their preferred permit purchasing options, but not exclusively, except on the interwebs. Meaning you may still use cash, cheques, IOU's, promissory notes, cowry shells and any other form of collateral to grant or receive access without our involvement in such transactions, but that any time a smart phone, PC, Mac, tablet, or watch is used to purchase a permit, it must be handled by us. EXCEPT IF WE FAIL PURVEYORS AS PER ABOVE AND AS WOULD BE REASONABLY BE ASSUMED REPRESENTS OUR USELESSNESS IN ON-SELLING SOMEONE A PERMIT. Landowners and trail managers acknowledge that it is true that the trails they offer to users are within their ambit to offer to users, and we are indemnified from being associated with any crookedness on your trails even if none of us knew about it. This also means we may drop OR sue you like a doped-up Tour de Juice winner if you lie to us. Oh, we also assumed you read this before putting your X on the spot, so make sure you do not feel burnt by anything within Engena.