Terms & Conditions

Terms of use:

 

Institution information:

This user agreement sets forth various terms and conditions of use regarding use of the webpage available at http://www.Host-SouthAfrica.com ("the Host-SouthAfrica.com webpage" or "this webpage") which is owned and operated by African Sun Productions (Pty) Ltd. based in South Africa trading as Host-SouthAfrica.com (registration number 2013/155329/07) (hereafter "Host-SouthAfrica.com") with members: Martin Müller and Alfred Ryno Müller. Our user agreement is set out below. Unless stated otherwise, all clauses set out and contained in this agreement apply equally to all registered and unregistered users of the Host-SouthAfrica.com webpage.

Acceptance of Agreement:

This user agreement is binding, valid and enforceable against any person or persons seeking access to this webpage (or any part thereof). Please read this agreement carefully as using this webpage implies agreement to be bound thereby. If the user has no intention of being bound by any provision in the agreement, please leave the Host-SouthAfrica.com webpage immediately as further use will automatically bind any user/s to the agreement, regardless of any disagreements pertaining to the terms as set forth in this policy.

Consent to use of information on this webpage:

  • The webpage may only be accessed for legitimate personal and non-commercial purposes. It may not be accessed for:
    • i) purposes considered harmful; or
    • ii) purposes considered illegal; or
    • iii) disclosing, sharing or publishing of any material that may be considered offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing on or damaging to any person; or
    • iv) the creation, sending and/or storage of unsolicited commercial communications.
  • Names, e-mail addresses, telephone numbers and fax numbers published on this webpage 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 webpage may be used to communicate unsolicited communications to Host-SouthAfrica.com and all rights detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECT Act") are reserved.
  • If you use information from this webpage in breach of this user agreement, Host-SouthAfrica.com reserves the right to claim damages and/or institute criminal proceedings against you.

Software and equipment:

It is the responsibility of the user to acquire and maintain, at the user’s expense, the necessary computer hardware, software and programmes, communication lines and Internet access accounts required to access the Internet and this webpage and/or to download content from this webpage.

Login credentials and passwords:

The user undertakes that all passwords required for access to or use of the Host-SouthAfrica.com webpage will be kept secure and confidential. The user is legally bound by any action performed on this webpage by any person with access to your Host-SouthAfrica.com account. You hereby indemnify Host-SouthAfrica.com for any damage, loss or liability of whatsoever nature arising from unauthorized access to this webpage.

Verification of information:

You hereby undertake to ensure that all of the information that you supply to Host-SouthAfrica.com is correct and continuously updated, including, but not limited to, your name and residential address. Host-SouthAfrica.com shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you. In the event that you fail to keep your information current and updated, we reserve the right to suspend or remove your Host-SouthAfrica.com account.

Intellectual property rights:

  • Except as otherwise indicated, this webpage, and all text, images, trademarks, trade names, logos and other content contained herein, including, without limitation, the Host-SouthAfrica.com logo and all designs, text, graphics, pictures, downloads, information, data, software, sound, video and other files, domain names, web pages, patents, source code, meta tags, databases, hyperlinks, content and the selection and arrangement thereof are the proprietary property of Host-SouthAfrica.com or its licensors or users and are protected from infringement by South African and international copyright laws and treaties and may not be reproduced or appropriated in any manner without the prior written permission of Host-SouthAfrica.com (or the other respective owners, if applicable). This webpage and all its content and rights thereto is reserved under the name Host-SouthAfrica.com © 2009.
  • Except were expressly prohibited by a notice published on any page of this webpage, the content of this webpage may be viewed, downloaded and/or printed as may be reasonably required for private and non-commercial use, provided that any relevant proprietary notices or disclaimers are attached to any copies. The content of this webpage may not be reproduced, modified, adapted or processed in any other manner whatsoever.
  • Except for the above, any other use of this webpage and its content is prohibited. Without limiting the generality of the aforementioned, no person is entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use or exploit for commercial or non-private purposes or create derivative works of such content without the written consent of Host-SouthAfrica.com.
  • You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of this webpage.
  • You may not use logos, icons or trademarks from this webpage as hyperlinks or for any other purpose without the written consent of Host-SouthAfrica.com.

Accuracy of content on this webpage:

  • Host-SouthAfrica.com undertakes to take reasonable care in ensuring the information provided by accommodation establishments on this webpage is accurate and frequently updated. The accommodation establishments as listed on this webpage legally commit to provide accurate and frequently updated information. However, Host-SouthAfrica.com does not perform site inspections of the accommodation establishments. Also, much of the information on the Host-SouthAfrica.com webpage is provided by users in a "Wiki" style, and cannot as such be fully verified. Accordingly, no warranties are made regarding the accuracy or fullness of the information supplied by the accommodation establishments as listed on this webpage or of information generated by users of this webpage. Users are encouraged to report false, misleading, defamatory, criminal, infringing and/or harmful content available on this webpage to Host-SouthAfrica.com who will strive within the bounds of reason to rectify and/or remove such content, or any part thereof, if reasonable grounds are provided setting out proof of the alleged nature of such content.
  • While every effort is made to ensure that all information on the site is kept up to date and correct, Host-SouthAfrica.com shall refute liability for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to Host-SouthAfrica.com through this webpage.
  • Any rates published on this webpage can change without prior notice. Furthermore, rates displayed anywhere on this webpage, apart from quotations drawn up by accommodation establishments to the user, are to serve as guidelines only. Only quotes directly offered to a user through use of Host-SouthAfrica.com’s webpage will constitute a legal offer.

Service Interruptions:

We maintain the reservation service used as well as the technology supporting it, but no representations or warranties are made (implied or otherwise), that, amongst others, the content and technology available from this webpage are free of errors or omissions or that the service will be uninterrupted and error free. Host-SouthAfrica.com shall refute liability for any damage, loss or any other liability of whatsoever nature arising from defects that may exist, or may occur from time to time, in the Host-SouthAfrica.com service. Users are encouraged to report any possible malfunctions and errors to info@Host-SouthAfrica.com. Furthermore, Host-SouthAfrica.com refutes be liability for any direct or indirect loss or damage suffered whatsoever through: "hacking" of this webpage, planned or unplanned outages or the actions of service providers, including Telkom and all relevant service and equipment providers. The user indemnifies Host-SouthAfrica.com in respect of any claim arising from any "hacking" or other outage of service.

Hyperlinks:

  • Host-SouthAfrica.com is not responsible for the content, availability, products and/or services of any other webpage from which you have accessed this webpage or to which you may hyperlink from this webpage.
  • Where we provide a hyperlink to a third party's webpage, we do so because we believe in good faith that such a webpage contains or may contain material which is relevant to this webpage. Such a hyperlink does not signify that Host-SouthAfrica.com has reviewed or approved of the third party's webpage or its contents, products or services, nor does it imply a recommendation, endorsement, support or association by Host-SouthAfrica.com of the content, products and/or services of such webpages.
  • You may not frame this webpage in any manner whatsoever, without the prior written permission of Host-SouthAfrica.com.

Security:

  • Host-SouthAfrica.com shall take any and all reasonable steps to secure the content of this webpage, as well as any information collected from the user, or unauthorized access and/or disclosure. Host-SouthAfrica.com does not make any warranties or representations that the content of this webpage shall be completely safe or secure.
  • It is recommended that users install anti-virus software before downloading material from this webpage. The user is to ensure that such software is compatible with equipment used and regularly updated.
  • Host-SouthAfrica.com is has no legal obligation to:
    • i) encrypt any content or communications from and to users; or
    • ii) provide digital authentication of any pages on this webpage.
  • Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to this webpage or the server and computer network supporting this webpage.
  • Notwithstanding criminal prosecution, if any damaging code is delivered or if any attempt is made to deliver any damaging code to this webpage, on purpose or negligently, the user agrees to indemnify and hold Host-SouthAfrica.com harmless, without limitation, against any losses, liabilities and damages which Host-SouthAfrica.com may suffer on account of such delivery or attempts to deliver such damaging code.
  • You may not develop, distribute or use any device or programme designed to breach or overcome the security measures of any restricted pages, products and services on this webpage and Host-SouthAfrica.com reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and distribution of such devices or programmes.
  • If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by Host-SouthAfrica.com due to or related to such offences.

Access to the Webpage:

  • Host-SouthAfrica.com reserves the right to restrict, suspend or terminate access to this webpage at any time if Host-SouthAfrica.com is of the view that the user breached these conditions of use. Any such restriction, suspension or termination will be without prejudice to any rights which Host-SouthAfrica.com may have against the user regarding such breach.
  • Host-SouthAfrica.com reserves the right to, at any time without notice, remove this webpage in its entirety, or any sections or features of this webpage.
  • Host-SouthAfrica.com does not provide any warranties or make any representations that this webpage shall be available at any specific time.

Indemnification:

Save as provided otherwise, Host-SouthAfrica.com refutes liability for any direct or indirect loss or damage that may be suffered as a result of the use of this webpage by any party, whatsoever and howsoever arising.

Limitation of liability:

  • In the event that, apart from any remaining provision in this agreement, Host-SouthAfrica.com will be liable for any damages, such liability is limited to the maximum amount of money that has been paid.
  • This webpage is supplied on an "as is" basis, without any warranties (express or implied) as to the operation of this webpage, the accuracy of the information or the products or services referred to on this webpage and has not been compiled or supplied to meet your individual requirements. It is the sole responsibility of the user to become acquainted with the content of this agreement prior to entering into this user agreement with Host-SouthAfrica.com with specific regard that the service available from and through this webpage will meet the user’s individual requirements and be compatible with any hardware and/or software.
  • Host-SouthAfrica.com, and any of its members, employees, officers, representatives, agents, consultants, suppliers, service providers or sub-contractors (the "Indemnified Parties"), refutes liability for any indirect or direct, special or consequential losses or damages of whatsoever nature that may be on account of:
    • i) access to or use of this webpage; or
    • ii) purchasing and/or using any products and services available on this webpage; or
    • iii) unavailability of any of the products or services provided on this webpage; or
    • iv) inability to access this webpage or use the products and/or services available on this webpage; or
    • v) the use of any hyperlinks found on this webpage, the use of or reliance thereof on any webpage from which you hyperlink to or from this webpage; or
    • vi) access to or the inability to access webpages linked to this webpage; or
    • vii) access and/or use of this webpage by any person in a jurisdiction from which such activity is prohibited; or
    • viii) the submission or transmission of information or material on or through this webpage by you; or
    • ix) the violation of these conditions of use or any other laws, regulations and rules by you; or
    • x) information or material which you have submitted to Host-SouthAfrica.com which violates any law or breaches any third party's rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copyright or any other intellectual property rights).
  • The user hereby indemnifies and holds blameless the Indemnified Parties against any losses, damages, liability, claims or costs of whichever nature incurred by the Indemnified Parties arising from or in any way related to (i) to (x) as held above.
  • Host-SouthAfrica.com reserves the right to defend and control claims that arise from the aforementioned and the user agrees to co-operate in all aspects with Host-SouthAfrica.com in any such defenses.
  • This webpage contains material which is owned by or licensed to Host-SouthAfrica.com. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright and/or other design or intellectual property rights. You may not copy, replicate or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the webpage.

Alteration of user agreement:

Host-SouthAfrica.com reserves the right to vary this user agreement at any time. Any changes will be posted on this page. Users are encouraged to review this agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this webpage) if you continue to use this webpage after they have been posted.

Laws and jurisdiction:

  • This user agreement is governed by the Laws of the Republic of South Africa and without regard to the conflict of laws principle.
  • Users agree that any cause of action that arises under this user agreement shall be commenced and be heard in the appropriate court in South Africa.
  • Users agree to submit to the personal and exclusive jurisdiction of the courts located within the borders of the Republic of South Africa.

General:

  • Where any part of this user agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to such extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.
  • In addition to the privacy policy and the terms and conditions pertaining to bookings, as published on this webpage, this user agreement constitutes the entire agreement between you and Host-SouthAfrica.com and supersedes any and all prior promises, representations, agreements, policies and understandings of whatsoever nature.
  • Failure to exercise any right or provision of this user agreement by Host-SouthAfrica.com does not constitute waiver of any rights or provisions. Host-SouthAfrica.com reserves the right to cede, assign or otherwise transfer any of its rights and obligations in terms of this user agreement to any third party.

Legal costs:

Host-SouthAfrica.com refutes liability for any costs incurred by users seeking professional advice pertaining to this agreement.

Support:

  • email: info@Host-SouthAfrica.com
  • telephone: +27 (0)72 4499 082