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SABI SANDS LODGES RESERVATIONS - PRIVACY POLICY

Privacy Policy & Website Usage Terms & Conditions

IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF

2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING, AND

ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THIS WEBSITE, WEBPAGES, CONTENTS OR ANY OTHER PART THEREOF.

DEFINITIONS AND INTERPRETATION

  1. a) “Website” means the website located at https://www.sabisandslodges.com/ and any sub-domains operated by

African Travel Consultants (Pty) Ltd, including any page, part or element thereof and furthermore all domain names linked to such website;

  1. b) “African Travel Consultants” means African Travel Consultants (Pty) Ltd, a private company registered in terms of the laws of South Africa registration no. 2015/104132/07
  2. c) “User” means any person who enters or uses the African Travel Consultants websites;

www.sabisandslodges.com

  1. d) References herein to the singular include the plural and vice versa; and
  2. e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation

should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act, the fact that

some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and

Interpretation of these terms and conditions.

  1. f) By proxy of using this Website you accept the terms and conditions provided in this document.
  2. ALLOWED USE AND LICENSE

1.1 African Travel Consultants licenses the User to view, download and print the content of this Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.

1.2 Content from this Website shall not be used or exploited by Users for any commercial and non-private

purposes without the prior written consent of African Travel Consultants.

1.3 Users may only access, browse and use this Website for legitimate personal or commercial purposes and

may not use this Website or any African Travel Consultants services and/or products for:

1.3.1 Harmful purposes;

1.3.2 Illegal purposes;

1.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited,

infringing or damaging to any person; and/or

1.3.4 The creation, storage and sending of unsolicited commercial communications.

1.4 The caching of this Website shall only be allowed if:

1.4.1 The purpose of the caching is to make the onward transmission of the content from this Website more

Efficient.

1.4.2 The cached content is not modified in any manner whatsoever.

1.4.3 The cached content is updated at least every 24 hours.

1.4.4 The cached content is removed or updated when so required by African Travel Consultants.

1.5 If any User uses content from this Website in breach of the provisions detailed herein:

1.5.1 African Travel Consultants reserves the right to claim damages from the User.

1.5.2 African Travel Consultants reserves the right to institute criminal proceedings against the User, and

1.5.3 African Travel Consultants shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

1.6 African Travel Consultants shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed

at the home page of this Website. Persons that wish to link to content beyond the home page of this

Website shall do so at their own risk and indemnify African Travel Consultants against any loss, liability or damage that

may result from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. African Travel Consultants non-liability for deep linking is based on the fact that deep links bypass these terms and conditions;

1.7 Users may quote small and reasonable amounts of content available from this Website only if such quote is placed in inverted commas and acknowledged;

1.8 No person may frame this Website, in any manner whatsoever, without the prior written consent of African Travel Consultants;

1.9 Apart from bona-fide search engine operators and use of the search facility provided on this Website by

Users, no person may use or attempt to use any technology or applications (including web crawlers or web

spiders) to search, collect or copy content from this Website for any purposes, without the prior written

approval of African Travel Consultants;

1.10 E-mail addresses, names, telephone numbers, and fax numbers published on this Website may not be

incorporated into any database used for electronic marketing or similar purposes. No permission is given

or should be implied that information on this Website may be used to communicate unsolicited

communications to African Travel Consultants and all rights detailed in Section 45 of the ECT Act are reserved; and

1.11 All licenses and/or permissions granted in terms of this clause 1 are provided on a non-exclusive and non-transferable

basis and may be terminated or cancelled by African Travel Consultants at any time without prior notice or

giving reasons therefore.

  1. INTELLECTUAL PROPERTY RIGHTS

2.1. All intellectual property on this Website, including but not limited to content, trademarks, domain names,

patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks

are the property of or licensed to African Travel Consultants and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights

to intellectual property on this Website are expressly reserved; and

2.2. No person may use logos, icons, or trade marks from this Website as hyperlinks or other purposes without

African Travel Consultants’ prior written approval,

  1. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer

hardware, software, communication lines and Internet access accounts required to access the Internet and this

Website and/or download content from this Website.

  1. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT AND TERMS OF SERVICE

These terms and conditions govern the sale of goods and / or the provision of services from or through this

Website.

Access to the services, content, software and downloads available from this Website may be classified as

“electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in

Chapter 7 of the ECT Act and African Travel Consultants has, amongst others, the duty to disclose the following information:

Full name and registration number of website owner:

African Travel Consultants (Pty) Ltd, registration number 2015 / 104132 / 07.

Telephone number: +27 21 6969615

Fax number: +27 21 6969615

Official e-mail address: [email protected]

Director of African Travel Consultants:  A. F. El-Saidy

Physical address for receipt of legal service:

This Website offers, facilitates or enables the following services:

>Travel information;

>Travel ideas;

>Specialist vacation consulting;

>Travel advice;

>Safari planning; and

>Travel enquiries.

>Alternative dispute resolution

>Subject to urgent and/or interim relief, all disputes regarding:

>access to this Website;

>the inability to access this Website;

>the services and content available from this Website; or

>these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South

Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a sca le as between attorney and Client.

  1. CHANGES AND AMENDMENTS

African Travel Consultants reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

>change these terms and conditions;

>change the content and/or services available from this Website;

>discontinue any aspect of this Website or service(s) available from this Website; and/or

>change the software and hardware required to access and use this Website.

PRIVACY

6.1. African Travel Consultants shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to

Information Act 2 of 2000 (PAIA);

6.2. African Travel Consultants may electronically collect, store and use the following personal information of Users:

6.2.1. name and surname;

6.2.2. contact numbers;

6.2.3. non-personal browsing habits and click patterns;

6.2.4. e-mail address; IP address;

6.2.5. and/or User selected username and password.

6.3. African Travel Consultants collects, stores and uses the abovementioned information for the following purposes:

6.3.1. To communicate requested information to the User;

6.3.2. To provide the User with access to restricted pages on this Website; and

6.3.3. To compile non-personal statistical information about browsing habits, click-patterns and access to this

Website.

6.4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by

the User. Users may determine cookie use independently through their browser settings;

6.5. African Travel Consultants may collect, maintain and store any information collected from users, however, this information will never be shared or sold; it could, however, be disclosed to a third party if mandated to do so by a legal order from a South African court; and

6.6. African Travel Consultants owns and retains all rights to non-personal statistical information collected and compiled by this Website.

  1. HYPERLINKS TO THIRD PARTY SITES

7.1. African Travel Consultants may provide hyperlinks to websites not controlled by African Travel Consultants (target sites) and such links do not imply any endorsement, agreement with or support for the content of such target sites, and

7.2. African Travel Consultants does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

  1. SECURITY

8.1. African Travel Consultants shall take all reasonable steps to secure the content of this Website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, African Travel Consultants does not make any warranties or representations that content shall be 100% safe and secure;

8.2. African Travel Consultants is under no legal duty to encrypt any content or communications from and to this Website and is also under no legal duty to provide digital authentication of any page on this Website;

8.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such

as computer viruses, to this Website or the server and computer network that support this Website;

8.4. Notwithstanding criminal prosecution, any person who delivers any damaging code to this Website,

whether on purpose or negligently, shall, without any limitation, indemnify and hold African Travel Consultants harmless against any and all liability, damages and losses that African Travel Consultants and its partners / affiliates may suffer as a result of such damaging code;

8.5. Users may not develop, distribute or use any device to breach or overcome the security measures of the

Product and African Travel Consultants reserves the right to claim damages from any and all persons concerned with a

security failure or breach; and

8.6. Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall,

notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or

incurred by African Travel Consultants and its partners / affiliates.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

9.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by

law, African Travel Consultants (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and

resulting from:

9.1.1. access to this Website;

9.1.2. access to websites linked to this Website;

9.1.3. inability to access this Website;

9.1.4. inability to access websites linked to this Website;

9.1.5. content available on this Website;

9.1.6. services available from this Website;

9.1.7. downloads and use of content from this Website;

9.1.8. and/or any other reason not directly related to African Travel Consultants’ gross negligence.

9.2. This Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual

requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this

agreement with African Travel Consultants, that the content available from and through this Website meets the User’s

individual requirements and is compatible with the User’s computer hardware and/or software;

9.3. Information, ideas and opinions expressed on this Website should not be regarded as professional advice

or the official opinion of African Travel Consultants and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on this Website;

9.4. African Travel Consultants does not make any warranties or representation that content and services available from this Website will in all cases be true, correct or free from any errors. African Travel Consultants shall take all reasonable steps to ensure the quality and accuracy of content available from this Website; and

9.5. African Travel Consultants does not make any warranties or representations that this Website shall be available at all

times. Users acknowledge that this Website may be unavailable due to updates or other causes beyond

the reasonable control of African Travel Consultants, including, but not limited to virus infection, unauthorised access

(hacking), power failure or other “acts of God.”

  1. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content

available from this Website to the website administrator and the website administrator undertakes to correct

and/or remove such content or any part thereof if the person reporting such content provided reasonable

grounds to prove the alleged nature of the content.

  1. INTERCEPTION OF COMMUNICATIONS

11.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the

User agrees to African Travel Consultants’ right to intercept, block, filter, read, delete, disclose and use all

communications sent or posted by the User to this Website, its staff and employees; and

11.2. The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the

“writing” requirement as detailed in the ECT Act and the RIC Act.

  1. ENTIRE AGREEMENT AND SEVERABILITY

12.1. These terms and conditions constitute the entire agreement between African Travel Consultants and the User and shall

take precedent over any disclaimers and/or legal notices attached to any communications and/or

postings received by African Travel Consultants from the User;

12.2. Any failure by African Travel Consultants to exercise or enforce any right or provision shall in no way constitute a waiver

of such right or provision; and

12.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason,

such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining

terms and conditions shall remain enforceable and applicable.

  1. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and African Travel Consultants agree that:

13.1. the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town

(South Africa) at the time the User enters this Website for the first time;

13.2. data messages (as defined in the ECT Act) addressed by the User to African Travel Consultants shall only be deemed to have been received if and when responded to;

13.3. data messages (as defined in the ECT Act) addressed to the User by African Travel Consultants shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

13.4. data messages (as defined in the ECT Act) addressed by the User to African Travel Consultants shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

13.5. electronic signatures, encryption and/or authentication is not required for val id electronic

communications between the User and African Travel Consultants; and

13.6. the User agrees and warrants that data messages that are sent to African Travel Consultants from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User

personally.

  1. APPLICABLE AND GOVERNING LAW

Subject to the arbitration referred to above, this Website is hosted, controlled, and operated from the Republic

of South Africa and therefore the South African law enforced by the South African courts governs the use or

inability to use this Website, its content, services and these terms and conditions.

  1. LEGAL COSTS

African Travel Consultants shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

COPYING, DISTRIBUTION OR RE-USE OF THIS AGREEMENT, IN WHOLE OR IN PART, SHALL RESULT IN CIVIL AND

CRIMINAL ACTION.