WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS
This document contains the terms and conditions for the use of Ossimba Beach Lodge website and extended online services. By accessing any page on the Ossimba Beach Lodge website or making use of any online services you agree to the following terms and conditions. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the Ossimba Beach Lodge website or any part thereof. If you do not agree with these terms and conditions you must leave the Ossimba Beach Lodge web site and discontinue your use of all the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions. Important terms which may limit Ossimba Beach Lodge responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.
Ossimba Beach Lodge shall take all reasonable steps to protect the personal information of users. 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). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
DEFINITIONS AND INTERPRETATION
- “Ossimba Beach Lodge website” owned and operated by Ossimba Beach Lodge and located at ossimbabeachlodge.com, or any page, part or element thereof;
- “online services” means the Ossimba Beach Lodge website and any other service offered by Ossimba Beach Lodge through electronic means and shall include the content and information provided or exchanged as part of such services;
- “User / you or your” means any person who enters or uses the Ossimba Beach Lodge website or online services, notwithstanding the fact that such a person only visits the home page of the Ossimba Beach Lodge website or online service portals;
- References herein to the singular include the plural and vice versa and;
- Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
- Whilst every reasonable effort has been made by Ossimba Beach Lodge, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, Ossimba Beach Lodge, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
- Ossimba Beach Lodge makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.
- Ossimba Beach Lodge does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
INDEMNITIES AND LIMITATION OF LIABILITY
- Ossimba Beach Lodge shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Ossimba Beach Lodge accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by Ossimba Beach Lodge gross negligence or intentional misconduct.
- Ossimba Beach Lodge shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Ossimba Beach Lodge, termination of any licence to operate or use the Ossimba Beach Lodge website, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Ossimba Beach Lodge reasonable control.
PERMITTED USE AND LICENSE
- You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.
- You warrant that you shall not:
- use the online services for commercial and non-private purposes; and
- use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
- The caching of the online services shall only be allowed if:
- the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 12 (twelve) hours; and
- the cached content is removed or updated when so required by Ossimba Beach Lodge.
- If you use content from the online services in breach of these terms and conditions:
- Ossimba Beach Lodge reserves the right to claim damages from you;
- Ossimba Beach Lodge reserves the right to institute criminal proceedings against you; and
- Ossimba Beach Lodge shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property on the Ossimba Beach Lodge web site and online services, 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 Ossimba Beach Lodge and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Ossimba Beach Lodge website and online services are expressly reserved.
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 the online services and/or download content from the Ossimba Beach Lodge web site and the online services.
- Ossimba Beach Lodge shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
- As and when necessary, Ossimba Beach Lodge may electronically collect, store, disclose and/or use the following of your personal information:
- name and surname;
- contact numbers;
- non-personal browsing habits and click patterns through coookies and analytics;
- e-mail address;
- IP address;
- geographical location;
- account details; and/or
- username and password (required for access to personal information pages).
- Ossimba Beach Lodge collects stores and uses the above-mentioned information in order for Ossimba Beach Lodge to:
- communicate requested information to you;
- respond to queries, responses or complaints submitted by you;
- process orders or applications for Ossimba Beach Lodge products and/or services;
- create products or services that may meet your future requirements;
- provide you with access to restricted pages on the Ossimba Beach Lodge website; and
- compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
- Ossimba Beach Lodge may further collect non-personal information, for example, your IP address, the date and time of your visits to the Ossimba Beach Lodge website, and browser history, to recognise Ossimba Beach Lodge may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
- Ossimba Beach Lodge owns and retains all rights to non-personal statistical information collected and compiled by Ossimba Beach Lodge. As and when necessary, Ossimba Beach Lodge may use and/or disclose your personal information collected:
- in order to comply with legal and regulatory requirements and applicable laws;
- to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
- to attorneys and/or debt collection agencies if you breach any agreements with Ossimba Beach Lodge;
- to Ossimba Beach Lodge agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Ossimba Beach Lodge products, services and the online services to you;
- to consumer research companies for the purposes of conducting research on improving Ossimba Beach Lodge products, services and the online services;
- for the purposes of us publishing a directory containing the name, address, details and the applicable mobile phone number of Ossimba Beach Lodge subscribers; and
- for the purposes of Ossimba Beach Lodge informing or sending information to you about any new services or products offered by Ossimba Beach Lodge and/or by any of Ossimba Beach Lodge agents and/or consultants and/or trade partners which we consider may be of interest to you. Ossimba Beach Lodge will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
- By using the online services and the Ossimba Beach Lodge website you understand that Ossimba Beach Lodge may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the online services. Ossimba Beach Lodge agrees that it will not disclose any personal information that could be used to identify you.
- Ossimba Beach Lodge reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.