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Terms of Service

These terms govern use of the Marlbank OLR platform, including registration features, race systems, marketplace tools, purchases, sales, user accounts and payment-related services.

This document is designed for a high-trust racing and marketplace platform and should be reviewed before launch by South African legal counsel, especially once card payments, seller payouts, ID verification and bank-detail workflows are live.

1. Acceptance of These Terms

These Terms of Service govern access to and use of the Marlbank One Loft Race website, marketplace features, registration systems, payment features, race administration tools, live data, messaging tools, downloadable content and related digital services (collectively, the “Platform”).

By accessing, browsing, registering on, submitting data to, buying through, selling through, or otherwise using the Platform, you agree to be bound by these Terms of Service, the Privacy Policy, the official Marlbank OLR race rules and any additional policies or notices published on the Platform from time to time.

If you do not agree to these Terms of Service, you must not use the Platform.

2. Eligibility and Account Responsibility

You may only use the Platform if you are legally capable of entering into binding agreements under applicable law.

If you create an account, submit registration data, act as a buyer, act as a seller, or submit information on behalf of another person or entity, you represent that you are authorised to do so.

You are responsible for maintaining the confidentiality of your account credentials, restricting access to your devices, and for all activities conducted under your account or profile.

You must provide accurate, current and complete information and must promptly update your information if it changes.

3. Nature of the Platform

Marlbank OLR may provide race-related content, registration systems, entrant management, loft information, live results, communication tools, downloadable documents, participant notices, auction information and marketplace functionality for the listing, promotion, purchase and sale of pigeons, race-related goods, services or related offerings.

Certain Platform features may change, be expanded, be limited, be removed or be temporarily unavailable without prior notice where reasonably necessary for operational, legal, technical or security reasons.

4. Race Participation and Registration

Any race entry, bird registration, activation, payment, placement or participation remains subject to Marlbank OLR’s official race rules, operational requirements and management decisions.

Submission of a registration form, enquiry, payment instruction or activation request does not by itself guarantee acceptance, confirmation, participation status or eligibility.

Participants remain responsible for ensuring that all information submitted in relation to race participation, bird ownership, pedigrees, contact details and payment details is accurate and lawful.

5. Marketplace Use, Buyer and Seller Conduct

The Platform may enable users to list, promote, offer, buy or sell pigeons, race-related items, services or other approved offerings.

Sellers are solely responsible for the legality, accuracy, ownership, description, authenticity and permissibility of their listings, and for ensuring that they have the right to sell or offer the relevant item or service.

Buyers are solely responsible for reviewing listing details, verifying suitability, evaluating risks and ensuring that any purchase decision is lawful and appropriate.

Marlbank OLR may suspend, remove, reject, edit or restrict listings, transactions, communications or user activity where reasonably necessary to enforce Platform rules, protect users, reduce fraud risk, support legal compliance, maintain quality standards or protect the integrity of the Platform.

Marlbank OLR is not automatically a party to every transaction between buyers and sellers unless expressly stated otherwise for a specific payment, escrow, auction or managed-sale feature.

6. Payments, Billing and Financial Information

The Platform may process or facilitate registration payments, listing fees, seller payouts, buyer payments, subscriptions, deposits, transaction fees, auction-related payments or other financial transactions.

By submitting payment information, you represent that you are authorised to use the payment method or bank details provided.

You authorise Marlbank OLR and its payment service providers to process payments, reversals, refunds, transaction verifications, compliance checks and related payment administration where reasonably required to complete or manage the relevant transaction.

Marlbank OLR may use third-party payment processors, gateways, banking partners or related service providers for payment handling, fraud prevention, tokenisation, identity checks, chargeback handling and settlement administration.

Fees, commissions, processing charges, listing fees, buyer charges, seller charges, withdrawal fees or other transaction-related charges may apply and will be disclosed through the Platform, supporting documentation or transaction flow where applicable.

All payments are subject to verification, anti-fraud controls, legal compliance requirements and operational review.

7. Sensitive Information, Verification and Compliance

The Platform may request or process personal information and verification information including names, addresses, phone numbers, email addresses, identity numbers, company details, bank account details, transaction records, device data, IP-related data, approximate location data, communications records and related records required for account administration, race administration, marketplace compliance, fraud prevention, payouts, verification or legal compliance.

Where necessary, Marlbank OLR may request additional documentation or verification information to confirm identity, payment authority, account ownership, eligibility, legal compliance, anti-fraud checks, seller legitimacy or transaction integrity.

Failure to provide requested information or documents may result in delays, restrictions, refusal of service, account suspension, listing removal, withheld payouts, cancellation of transactions or other protective action.

8. Prohibited Conduct

You may not use the Platform for fraud, impersonation, money laundering, unauthorised payment activity, false listings, unlawful surveillance, spam, abuse, harassment, data scraping that harms the Platform, malware distribution, or any unlawful, deceptive or harmful conduct.

You may not submit false identity information, false ownership claims, false payment authority, misleading pedigree information, manipulated results-related information or any deceptive listing or transactional content.

You may not attempt to interfere with Platform security, bypass authentication, harvest credentials, attack the Platform infrastructure or gain unauthorised access to any account, database, admin system or private data.

9. Data Security and Payment Security

Marlbank OLR may implement technical, organisational and procedural safeguards to protect Platform information, transactions and personal data.

Where payment-card functionality is enabled, payment handling may be subject to additional technical controls, processor requirements, verification procedures and security measures appropriate to payment-account data environments.

You acknowledge that no online system can guarantee absolute security or uninterrupted service, and you use the Platform subject to those inherent risks.

10. Intellectual Property

Unless otherwise stated, the Platform design, text, branding, logos, graphics, software, databases, race content, media layouts, visual elements and related content are owned by or lawfully used by Marlbank OLR.

You may not copy, reproduce, republish, frame, scrape for commercial reuse, redistribute or exploit Platform content without prior written permission, except as permitted by applicable law.

11. Communications and Notices

By using the Platform, you consent to receive operational, transactional, security, verification, registration, payment, auction, race and administrative communications by email, SMS, WhatsApp, in-platform notices or other reasonable communication channels.

You are responsible for ensuring that your contact details remain accurate and accessible.

12. Suspension, Restrictions and Termination

Marlbank OLR may suspend, restrict or terminate access to the Platform, an account, a listing, a transaction, a payout, a registration or a communication channel where it reasonably believes that doing so is necessary to protect users, maintain operational integrity, prevent harm, comply with law, respond to a dispute, investigate suspicious activity or enforce these Terms.

Marlbank OLR may also preserve records, delay disbursements, reverse credits where legally permitted, or cooperate with lawful investigations where reasonably required.

13. Third-Party Services

The Platform may rely on third-party providers, including payment processors, map services, hosting providers, analytics providers, streaming services, messaging tools, identity-verification services, storage providers or marketplace support tools.

Marlbank OLR does not control all third-party systems and is not responsible for their independent terms, outages, privacy practices or external conduct.

14. Availability, Accuracy and Operational Changes

Marlbank OLR does not guarantee uninterrupted availability of the Platform or that all content, listings, race information, payment status information, marketplace data or communications will always be error-free, current or complete.

Operational details, race schedules, payment flows, listing availability, feature sets and transaction pathways may be changed, paused or updated where reasonably necessary.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Marlbank OLR shall not be liable for indirect, incidental, consequential, punitive or special damages, including lost profits, lost sales, lost opportunities, data loss, interruption losses, reputational harm or business interruption arising from or related to use of the Platform.

This limitation applies whether claims arise in contract, delict, negligence, statute or otherwise, subject to any mandatory legal rights that cannot lawfully be excluded.

16. Indemnity

You agree to indemnify, defend and hold harmless Marlbank OLR, its operators, management, affiliates, service providers and representatives from claims, losses, liabilities, damages, penalties, costs and expenses arising from your breach of these Terms, your unlawful conduct, your misuse of the Platform, your listings, your transactions or your violation of any third-party rights.

17. Privacy and Data Processing

Use of the Platform is also subject to the Marlbank OLR Privacy Policy.

By using the Platform, you acknowledge that personal information and transaction-related information may be processed for account administration, race administration, verification, fraud prevention, customer support, legal compliance, payment processing and other lawful operational purposes.

18. Governing Law and Jurisdiction

These Terms shall be interpreted in accordance with applicable South African law, unless mandatory law requires otherwise in a particular case.

Any dispute relating to the Platform may be subject to the jurisdiction of the appropriate South African courts, subject to any mandatory dispute-resolution framework or consumer rights that may apply.

19. Changes to These Terms

Marlbank OLR may update these Terms of Service from time to time.

Updated terms become effective when published on the Platform or otherwise communicated through reasonable notice mechanisms.

Continued use of the Platform after updated terms are published constitutes acceptance of the revised Terms.

20. Contact

For questions regarding these Terms of Service, transactions, payments, data use or compliance matters, please contact Marlbank OLR through the website contact page.