TERMS & CONDITIONS

  1. INTRODUCTION

This site is owned and operated by Tembe Safari (Pty) Ltd. Your privacy on the Internet is of the utmost importance to us. At Tembe Safari (Pty) Ltd, we want to make your experience online satisfying and safe.

 

Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

 

By accessing the website of Tembe Safari (Pty) Ltd (“Tembe”) located at www.tembe.co.za (“the website”), you agree that you have read, understood and agreed to the terms and conditions contained herein (“the terms and conditions”). All rights in and to the content of Tembe remain at all times expressly reserved by Tembe Safari (Pty) Ltd.

 

[In compliance with section 49 of the Consumer Protection Act 68 of 2008 (“CPA”), please pay specific attention to the BOLD paragraphs of the Tembe terms. These paragraphs limit the risk or liability of Tembe, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Tembe or is an acknowledgement of any fact by you.]

 

Please read these terms carefully before accessing the website.

 

The terms “User”, “you” and “your” are used interchangeably in these terms and refer to all persons accessing Tembe Safari (Pty) Ltd for any reason whatsoever.

 

The terms “Provider”, “we”, “us” and “our” are used interchangeably in these terms and refer to Tembe Safari (Pty) Ltd, its members, employees, partners and affiliates.

 

  1. TERMS AND CONDITIONS

Once a booking has been made, we require a 50% deposit within 7 days to confirm the booking. The balance of payment will be due on arrival at the lodge.

 

Bookings on discounted rates or specials, require full payment within 7 days to confirm the booking.

 

  1. WEBSITE TERMS AND CONDITIONS OF USE RELATING TO TEMBE SAFARI (PTY) LTD

These terms and conditions govern your use of the Tembe Safari (Pty) Ltd website located at the domain name at https://www.tembe.co.za/. By accessing and using the website, the User agrees to be bound by the terms and conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.

 

  1. ELECTRONIC COMMUNICATIONS

By using this website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

 

  1. PRIVACY POLICY & USE OF PERSONAL INFORMATION

Tembe is committed to business practices in compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”). By using or accessing the website, you agree that Tembe may process your personal information provided to Tembe in terms of these terms and otherwise in compliance with POPI.

 

Tembe collects, collates, processes, and uses the following types of information about you when you use or access the website:

  1. Information that Users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys. Personal information (that is information about the user that is personally identifiable like the User’s e-mail address, phone number(s) and other unique information such as user IDs, billing and transaction information, product and service preferences and contact preferences that are not otherwise publicly available). Tembe agrees not to use the provided electronic mail address in any manner that Users do not consent to nor alert any other parties of the Users’ address without the User’s consent but may use your email address to contact you from time to time. You have the right to opt out of receiving electronic mail communication by following the directions posted on every electronic mail communication.

 

  1. Information that is gathered automatically through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers’ needs and to help our advertisers and sponsors better understand the demographics of our audience. Because Tembe Safari (Pty) Ltd derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our service free to users. Under no circumstances does Tembe Safari (Pty) Ltd divulge any information about an individual user to a third party.

 

Cookies are a common internet technology and are files that are written or downloaded to your computer or mobile device’s hard drive when you access or use an application. They may allow Tembe to store and quickly retrieve login information and provide data that we can use to improve the quality of its service. Certain internet browsers may be initially set up to accept cookies. If you prefer, you may set the device to refuse cookies, although you may not be able to take full advantage of Tembe’s website and lose some of the features and functionality of the online platforms.

 

Tembe will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Tembe, its affiliates or the public. Tembe may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.

 

Tembe reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the terms and conditions, Tembe will notify you beforehand.

 

Circumstances may arise where, whether for strategic or other business reasons, Tembe decides to sell, buy, merge or otherwise reorganise its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is our practice to seek reasonable protection for information in these types of transactions.

 

The User is entitled to request access to any relevant personal data held by the Company as laid out in the Promotion of Access to Information Act 2 of 2000 and where such access is necessary for you to exercise and/or protect any of the user’s rights.

 

In accordance with the Protection of Personal Information Act 4 of 2013, Users may request to review the personal information which Tembe holds and may request us to delete such information.

 

The private information required for executing the bookings placed through the e-commerce facility, inter aliathe User’s personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Tembe.

 

We cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

 

  1. ONLINE PAYMENT

All online credit card payments are processed by the Peach Payments Online payment gateway.  Card Holders may go to www.peachpayments.com to view the Peach Payments protection policies.

 

 

  1. REFUND AND CANCELLATION POLICY

The provision of accommodation at the Tembe Lodge is subject to availability. Cancellation of bookings and all refunds made by the client will attract a R250,00 charge for administration costs.

 

The following refunds apply, if cancellation is made

  1. 30 days or more prior to stay, a 50% refund o‌n full rate ;
  2. 14 to 29 days prior to stay, a 50% refund o‌n full rate (subject to space being filled) ; or
  3. less than 14 days prior to stay, no refund will be granted.

 

All cancellations must be in writing and are invalid until they have been acknowledged by the office of Tembe Safari (Pty) Ltd.

 

Should you need to cancel due to being infected with Covid, having to go into isolation due to Covid, or due to government-imposed travel bans – your deposit / payment will be placed in credit for a future booking.

 

  1. UPDATING OF THESE TERMS AND CONDITIONS

Tembe reserves the rights to change, modify, add or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the website. It is the User’s obligation to periodically check these terms and conditions at the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.

 

  1. INTELLECTUAL PROPERTY RIGHTS & PROTECTION

All copyright rights rest with Tembe Safari (Pty) Ltd. No part of this website may be reproduced in any form or manner without the express permission of Tembe Safari (Pty) Ltd.

 

We consider the information on this website to be reliable. However, we do not guarantee, express or implied, its accuracy, nor are we responsible for any decisions taken based on the information.

 

You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the website or the underlying software code whether in whole or in part, without the written consent of Tembe first being granted, which consent may be refused at the discretion of Tembe. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to the Tembe at info@tembe.co.za.

 

Tembe reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the website, or to suspend or terminate the website, at any time without notice, provided that any transactions already concluded through Tembe will not be affected by such suspension or termination (as the case may be).

 

  1. RECEIPT & TRANSMISSION OF DATA MESSAGES

Data messages, including e-mail messages, sent by you to Tembe will be considered to be received only when acknowledged or responded to.

 

Data messages sent by Tembe to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

 

Tembe reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.

 

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. We are, therefore, not responsible for the accuracy of any message sent by email over the internet, whether from us to a User or from a User to us.

 

  1. DISCLAIMERS

Tembe, including any intellectual property appearing therein, is provided “as is” and “as available”. Tembe makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either Tembe or the information contained in it.

 

Tembe accepts no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) Tembe and/or transactions or actions resulting therefrom.

 

Tembe accepts no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, the website in any manner.

 

Tembe takes reasonable security measures to ensure the safety and integrity of the website and to exclude viruses, unlawful monitoring and/or access on the website. However, Tembe does not warrant or represent that your access to the website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the website will be free of bugs, viruses, worms, trojan horses or other harmful components. The User’s access to and use of the website remains solely at the User’s own risk.

 

  1. INDEMNITIES

The User indemnifies and holds Tembe harmless from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the User’s use of the website or services offered or ordered through Tembe in any way.

 

The User agrees to indemnify, defend and hold Tembe harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the User’s breach of these terms and conditions. This clause will survive termination of this agreement.

 

  1. CHOICE OF LAW

This website is controlled, operated and administered by Tembe Safari (Pty) Ltd from its offices within the Republic of South Africa. Access to the website, from territories or countries where the content on the website is illegal, is prohibited. The User may not use this website in violation of South African laws and regulations. If the User accesses this website from locations outside of South Africa, that User is responsible for compliance with all local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Durban High Court in the event of any dispute. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitute the entire agreement between Tembe and the User with regard to the use of the content and this website.

 

  1. INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

Site owner: Tembe Safari (Pty) Ltd

Legal Status: Tembe Safari (Pty) Ltd is a private company, duly incorporated in accordance with the laws of the Republic of South Africa

Registration Number: 1999/014640/07

Director: Ernest Robbertse

Description of main business: Lodge accommodation and game park

E-mail address: info@tembe.co.za

Website address: https://www.tembe.co.za/

Physical address: P522-2, Kwangwanase, 3973

Postal address: same as above

Registered address: same as above

  1. DISPUTE RESOLUTION

Should any dispute, disagreement or claim arise between the parties concerning the use of the website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf. The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.

 

  1. NOTICES AND DOMICILIUM

Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

  1. in the case of Tembe, at email address info@tembe.co.za
  2. in the case of the User, at the e-mail and physical address provided by the user to Tembe during the booking process.

 

Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail.  Unless the contrary is proved, any notice:

  1. sent by prepaid registered post will be deemed to have been received on the 5th business day after posting;
  2. any notice delivered by hand on a business day will be deemed to have been received on the date of delivery; provided that if such day is not a business day, then such notice shall be deemed to have been received on the first business day following the date of delivery;
  3. transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a business day, then such notice shall be deemed to have been received on the first business day following the day of transmission.

 

For the purposes of this clause, the term “business day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.

Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the Republic of South Africa which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

 

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

 

  1. GENERAL

This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these terms and conditions or their duly authorised representatives.

 

No indulgence, leniency or extension of time granted by the shall constitute a waiver of any of the Tembe’s rights under these terms and, accordingly, Tembe shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the User which may have arisen in the past or which might arise in the future.

 

Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

 

The headings to the paragraphs to the terms and conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

 

Each sentence, paragraph, term, clause and provision of these terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.