1. Acceptance of Terms
These Terms of Service (the "Terms") govern your access to and use of the Sanlam Cape Town Marathon mobile application (the "App") operated by Asem Running (Pty) Ltd ("we", "us", "our"). By downloading, installing, signing into or using the App, you agree to be bound by these Terms and by our Privacy Policy.
These Terms supplement, and should be read together with, the Cape Town Marathon Limitation of Liability and Indemnity and General Terms published on the official event website. In the event of any conflict between these Terms and the website terms in respect of use of the App, these Terms prevail.
If you do not agree to these Terms, please do not install or use the App. If you stop agreeing at any point, you may delete the App and request deletion of your account.
2. Eligibility
You must be at least 13 years old to use the App, and 18 years old to register for the Sanlam Cape Town Marathon or any associated Event. Participants under 18 must have a parent or legal guardian agree to the Cape Town Marathon Terms and Conditions on their behalf.
3. Your Account
You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that occurs under your account. You agree to:
- Provide accurate and current information at registration
- Update your information promptly if it changes
- Not share your password or allow others to access your account
- Notify us immediately if you suspect unauthorised access
4. Permitted Use
The App is provided for personal, non-commercial use in connection with the Sanlam Cape Town Marathon and associated Events. You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms
- Reverse-engineer, decompile or attempt to extract source code from the App
- Interfere with, disrupt or attempt to gain unauthorised access to our servers, networks or accounts
- Misrepresent your identity or impersonate another participant
- Submit false or misleading location data
- Use the App to harvest, scrape or collect data about other users
- Resell, sublicense or otherwise distribute the App or any data obtained through it
5. Live Tracking
The App offers an optional Live Tracking feature that uses your device's GPS to share your real-time position with our servers and with spectators following you during a Race. By enabling Live Tracking you acknowledge and agree that:
- Your live position, name, race distance and bib number become visible to anyone with your share link or who searches for you in the Spectator View while tracking is active
- GPS accuracy depends on your device, network coverage and surrounding environment, and may be intermittent or imprecise
- Background tracking will increase battery consumption (typically 5–15% over 4 hours)
- You may stop sharing at any time by toggling Live Tracking off in the App
- We are not liable for any consequences arising from inaccurate or interrupted location data
6. Race Information and Results
All race information, route maps, start times, results and other Event content displayed in the App is provided for general information. Official results are those published by the Event timing partner, and we reserve the right to correct or update results as required. We make reasonable efforts to ensure accuracy but do not warrant that all information in the App is complete, accurate or current at all times.
7. Third-Party Services
The App integrates with third-party services including Google Maps, Apple Maps, Howler (race entry and payments), Sentry (crash diagnostics), and the Apple App Store and Google Play (App distribution). Your use of those services is subject to their own terms and privacy policies. We are not responsible for the availability, content or practices of any third-party service.
8. Intellectual Property
The App, including all software, text, graphics, logos, trademarks, route data and content, is owned by or licensed to Asem Running (Pty) Ltd and is protected by South African and international copyright and trademark laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App strictly in accordance with these Terms.
"Sanlam Cape Town Marathon" and the Cape Town Marathon logos are trademarks of their respective owners.
9. Disclaimer and Limitation of Liability
The App is provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
To the maximum extent permitted by applicable law, neither Asem Running (Pty) Ltd nor its affiliates, sponsors, partners or service providers shall be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of, or inability to use, the App.
Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under the Consumer Protection Act 68 of 2008 or other applicable South African legislation.
10. Indemnity
You agree to indemnify and hold harmless Asem Running (Pty) Ltd, its directors, employees, sponsors, partners and service providers from and against any claims, damages, losses or expenses arising out of (a) your breach of these Terms, (b) your use of the App in a manner not permitted by these Terms, or (c) your violation of any third-party right, including any intellectual property or privacy right.
11. Termination
We may suspend or terminate your access to the App at any time, with or without notice, if we reasonably believe you have breached these Terms or applicable law, or if continued access poses a security or integrity risk. You may stop using the App and request deletion of your account at any time by emailing raceoffice@capetownmarathon.com.
12. Changes to These Terms
We may update these Terms from time to time to reflect changes to the App, our practices or applicable law. The "Last updated" date at the top of this page will be revised whenever changes are published. Material changes will be brought to your attention through the App or by email. Your continued use of the App after changes take effect constitutes your acceptance of the revised Terms.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
14. Contact
Questions about these Terms can be sent to:
Asem Running (Pty) Ltd
Race Office, Sanlam Cape Town Marathon
Email:
raceoffice@capetownmarathon.com
Website:
capetownmarathon.com