Commercial Terms for Use of Website

Commercial Terms for Use of Website 2017-07-21T10:22:14+00:00

COMMERCIAL TERMS FOR USE OF WEBSITE

Last updated: 19 June 2017

  1. Summary of these Commercial Terms.In these Commercial Terms, we set out the following important things:
    1. the rights and responsibilities applying to you (as a user) and us;
    2. the Services that we provide;
    3. privacy aspects;
    4. legal recourse;
    5. limitation of liabilities;
    6. considerations regarding minors; and
    7. our company information.
  2. What are these Commercial Terms?
    1. These are the “Commercial Terms” that regulate your use of our Services, and our relationship with you. They create a legally binding contract between us, as soon as they apply, as set out in clause 3 below.
    2. Our “Services” are those that are available on https://shonalanga.co.za/. (“Website“). Our Services may also be available through future channels to which these Commercial Terms will also apply.
    3. Whenever we use “quotation marks” we do so to define a word or phrase to keep this document as short and clear as possible.
  3. When do these Commercial Terms apply?
    1. These Commercial Terms will apply the instant you become a customer of ours, or a user of our Services. Examples of when that may be include:
      1. the moment you agree to them by registering/enquiring on the Website;
      2. by clicking the tick box on the Website;
      3. by using any Service or buying any product from us.
    2. To make use of or buy any of our Services or products you need to agree to these Commercial Terms. We reserve the right to refuse any request for our Services or products without notice or reason.
  4. Are there other applicable terms?Yes. Remember, even if you don’t use any of the Services on our Website, you will be bound to our browser terms and privacy policy, both of which are clearly available on the Website. So, these Commercial Terms apply separately. If there is a conflict between any of the browser terms, privacy policy and Commercial Terms, these Commercial Terms will take precedence.
  5. Changes to these Commercial Terms.
    1. We can:
      1. change or add to any of these Commercial Terms;
      2. change, cancel the Services or offer new Services and/or products to you from time to time,

      at our discretion, and we will notify you of any changes when you next access the Website.

    2. Should you disagree with the changes made, you can discontinue using our Services.
    3. The new, changed Commercial Terms will apply from the day they take effect.
  6. Duration of these Commercial TermsSimply, these Commercial Terms apply for as long as you use our Services.
  7. Termination
    1. At any time, and without cause, we may cancel or terminate your access to our Website and/or our Services in our sole discretion, without any liability.
    2. You may request that your event, stay or function with us be cancelled. However, you might not receive a refund of any amounts paid if you cancel your use of the Services. If you cancel your use of the Services you will still be liable to pay our fees and these Commercial Terms will continue to apply to your use or purchase of our Services, even though you may have subsequently cancelled your event, stay or function.
    3. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Commercial Terms.
  8. Our ServicesEssentially, we are offering venue, conferencing, accommodation and spa services.
  9. What we won’t allow.
    1. We will not allow:
      1. Any pyrotechnics under any circumstances
      2. Affixing of anything to e.g. wall, floors, ceiling of chalets
      3. Any alcohol brought onto the premises
    2. You are responsible for:
      1. The full pre-payment of the booking not the agent.
      2. All extra bills (bar, food, spa, telephone, data, faxing)
    3. We will not be liable for any claims whatsoever arising from:
      1. Theft, damage or loss to personal belongings or belongings of contracted service providers acting on your behalf.
      2. Injury due to negligence or drowning as the pool and dams are uncovered.
    4. BEWARE! You use our Services and venue at your own risk.
  10. Payment generally.These points are (also) important:
    1. Billing details: billing details will be required before you can use our Services. You promise that the information you give is true and accurate, and that you are authorised to use those billing details to make the payment of our fees. You will only be authorised to use the Services once your payment details have been validated and/or your first payment to us has been made successfully;
    2. Additional charges: if you cancel a payment by giving instruction to your bank to return your funds, and they do so, you will be liable to us for any penalty which we incur to that bank, credit card issuer or other payment processor;
    3. Foreign currency: if our fees are described in a different currency to that which you use, you accept all the risk for currency fluctuations and you undertake to pay us our fees in full in our currency. You similarly undertake to pay any levy that may arise because of our currencies differing;
    4. Late payment: if you fail to make any payment when payment is due, we reserve the right to suspend your use of our Website, App and/or Services; and
    5. Penalty interest: we also reserve the right to claim overdue penalty interest from you until you make payment, which will be charged at the prime rate of interest described by our bankers over the time period when you are in default.
  11. Promotional codes and vouchers.
    1. We may, at our discretion, make promotional codes and vouchers available to you, providing a discounted fee.
    2. The promotional codes and vouchers will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code or voucher.
    3. Should a voucher be purchased from us, the voucher will be valid for a period of 3 (three) years, from date of purchase or as otherwise stated on such voucher, in terms of section 63 of the Consumer Protection Act, 68 of 2008, after which the voucher will expire and be considered null and void.
  12. Refunds
    1. Refunds of bookings made may be given at our discretion.
    2. Refunds for accommodation.
      1. 7 days or less before arrival 0% of total booking
      2. 8 – 14 days before arrival 0% of deposit
      3. 15 – 21 days before arrival 50% of deposit
      4. 22 – 30 days before arrival 75% of deposit
  13. Acceptable use policy
    1. Not all devices may support the use of our Services. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Services.
    2. You must respect our Website and our intellectual property in the best of good faith, and use it only as we intend it to be used. Any use by you of our Website and/or Services which violates this undertaking can result in us terminating your use of our Website and/or Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Website and/or App in the best of good faith, but these will likely be good grounds, such as:
      1. copying or distributing any of the content;
      2. providing any untrue or incorrect information to our Website and/or our Services;
      3. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website and/or Services, including their security features or reverse engineering our Website and/or our Services;
      4. infecting our Website with any software, malware or code that may infect, damage, delay or impede the operation of our Website or which may intercept, alter or interfere with any data generated by or received through our Website and/or the Services;
      5. using malicious search technology, including, but not limited to, spiders and crawlers;
      6. deep linking to any pages of our Website, App and/or Services in a way to suggest that you are the owner of any intellectual property in our Website, App and/or Services;
      7. using the interactive sections of our Website and/or Services, to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws; or
      8. allowing any third party to use your Access Credentials in any manner other than as permitted by these Commercial Terms.
  14. Consent required for minors
    1. We assume that by you being granted Access Credentials you are 18 (eighteen) years or older or have had a parent or guardian give consent on your behalf to use our Website, App and/or Services.
    2. We accept no responsibility for invalid consent being provided by the users of our Website, App and/or Services.
  15. Privacy policy
    1. This clause 18 applies in addition to the Privacy Policy made available on our Website.
    2. We are committed to taking steps to protect your privacy when you use our Website, App and Services. We implement business practices that comply with all relevant legislation, including the Protection of Personal Information Act, 4 of 2013 (“POPI“).
    3. When we refer to “Personal Information” or “Information“, we mean Personal Information as defined in POPI. It includes, for example, your full name, surname, email address, identity number, contact details, and location.
    4. We also implement appropriate technical and other security measures to protect the integrity and confidentiality of your Personal Information. We protect and manage Information that we hold about you by using electronic and computer safeguards such as firewalls, data encryption, and physical control to our buildings. We only authorise access to Information to those employees who require it to fulfil their designated responsibilities.
    5. We may track your use of our Website and/or Services for a number of purposes. Information obtained about you in this regard will not be shared or used in violation of these Commercial Terms or any applicable laws. Should you wish to have any Information about you in this regard depersonalised, you have the right to request us to do so, however, this may result in you not receiving the full benefit of our Website and/or Services.
    6. Any Personal Information that we may have of yours will only be published in so far as is required by the Services and in accordance with the requirements of the laws of South Africa.
    7. We will keep your Personal Information confidential and only share it with others in terms of these Commercial Terms, where you consent to it, or if the law requires us to share it. We have trusted relationships with carefully selected third parties who perform services for us. All these service providers have a contract with us in terms whereof they have a legal obligation to secure your Personal Information and to use it only in a way that we permit.
    8. If you believe we are using your Information unlawfully, please contact us at enquiries@shonalanga.co.za. If you have no success in this regard, you may lodge a complaint to the Information Regulator:
      1. Website: http://www.justice.gov.za/inforeg/index.html.
      2. Address: SALU Building, 316 Thabo Sehume Street, Pretoria.
      3. Contact number: 012 406 4818.
      4. Fax number: 086 500 3351.
      5. Email: inforeg@justice.gov.za.
  16. Social media integration
    1. The Website may allow you to create an account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+.
    2. If you proceed to use our Services in such context, then the relevant social media platforms’ rules will also apply and you agree to such integration.
  17. Deemed rules for sending and receiving electronic messages
    1. We will primarily use email and electronic notices on the Website as our main communication tool for all communications relating to our Services, or these Commercial Terms. This may include the use of SMS (short message services), registered mail or telephone.
  18. Third party sites
    1. We may provide certain hyperlinks to third party websites or apps only as a convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Website does not imply endorsement by us of their websites, their products, business or security practices or any association with its operators.
    2. If you access and use any third party websites, products, services, and/or business, you do that solely at your own risk.
  19. Intellectual property rights
    1. All our intellectual property is ours, not yours. It seems odd to have to say it, but our lawyers insist. This means that you absolutely agree that all right, title and interest in, and to, any of our intellectual property (in its widest possible, legal and commercial sense) is proprietary to us, and will remain so.
    2. You will not acquire any rights of any nature in respect of that intellectual property by using our Services.
  20. Warranties and representations
    1. We give no guarantee of any kind concerning the content or quality of our Services. We do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
    2. We make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Website and/or Services and/or the information, images or audio contained on the Website. Our Services are used at your own risk.
    3. You warrant to and in favour of us that:
      1. you have the legal capacity to agree to and be bound by these Commercial Terms; and/or
      2. you are 18 (eighteen) years or older; and
      3. these Commercial Terms constitute a contract valid and binding on you and enforceable against you.
    4. Each of the warranties given by you will:
      1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Commercial Terms;
      2. continue and remain in force irrespective of whether your account is active, suspended or cancelled; and
      3. be deemed to be material.
  21. SeverabilityIf any part of these Commercial Terms becomes illegal, invalid or unenforceable in any jurisdiction affected by these Commercial Terms, then those illegal, invalid or unenforceable provisions will be severed from these Commercial Terms (they will be treated as if they don’t exist), and the remaining provisions of these Commercial Terms will continue as valid and enforceable.
  22. Limited liabilities.To be clear:
    1. we will not be liable to you for any loss caused using our Website and/or Services or your liability to any third party arising from those subjects. This includes:
      1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;
      2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and
      3. any third party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website or third party systems or programming defects;
    2. we will not be liable if any material available for downloading from the Website is not free from infection, viruses and/or other code that has contaminating or destructive properties;
    3. our Website may include inaccuracies or typo’s – in such instances we can’t be held liable and can’t be forced to comply with offers that are genuinely (and/or negligently) erroneous;
    4. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
    5. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
  23. Applicable law and disputes
    1. All this is governed by South African law, including the Website and any interaction you may have with them regardless of what country you are based in, or the country where you access the Website or the country where you receive or use our Services.
    2. Please take note that, if you access the Website from another country, you will bear sole responsibility for complying with that country’s laws.
    3. If we ever have a dispute, then you agree that the High Court of South Africa will have sole jurisdiction to consider our dispute, applying these Commercial Terms and South African law.
  24. Force majeureExcept for the obligation to pay monies due and owing, neither you nor we will be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
  25. Disclosure in terms of section 43 of Electronic Communications and Transactions Act, 25 of 2002
    1. Site owner: Suntaluna (PTY) LTD (trading as “Shonalanga Valley Resort“), registration number 1999/015828/07.
    2. Legal status: Shonalanga Valley Resort is a private company, duly incorporated in terms of the applicable laws of South Africa.
    3. Directors: Hanita Muthray.
    4. Description of the main business of Shonalanga Valley Resort: Wedding, Conferencing, Accommodation venue and Spa.
    5. Email address: enquiries@shonalanga.co.za.
    6. Website address: https://shonalanga.co.za/.
    7. Physical address: Portion 37 of the Vlakplaats Farm, Gerhardsville, Centurion.
    8. Postal address: P.O. Box 14322, Laudium, 0037.
    9. Registered address: Portion 37 of the Vlakplaats Farm, Centurion, Gauteng.