All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Ugu South Coast Tourism (Pty) LTD, also known as USCT. All references to “you” and “your” are deemed to refer to any user and/or visitor of https://www.visitkznsouthcoast.co.za (“Website“).
ACCEPTANCE OF TERMS
The Company permits the use of this Website subject to its Terms and Conditions (“Terms and Conditions“). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).You may not use the Website and / its social media links, information or any content whatsoever to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative. Any breech of this this clause will be considered to be illegal and subject to lawful action from the company to the user. In addition, any content, images, company logos or other materials as displayed on the website, is deemed to be the intellectual property (IP) of the company. Further action in terms of the Intellectual Properties Act of South Africa may apply, of which any legal action arising and costs thereto, will be charged to the user in full. Any misrepresentation of the contents of this website and misappropriation of its content or IP for the purpose of fraud, corruption and or illegal activities, shall be subject to prosecution for this acts, under the South African law and the Defamation of Character Act.
OWNERSHIP AND COPYRIGHT
The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company. No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited, unless specified. To obtain permissions for the commercial use of any content on this site contact firstname.lastname@example.org or visit the CONTACT PAGES https://www.visitkznsouthcoast.co.za.
While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied. All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. The Company does not accept any responsibility for any errors or omissions on this Website. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
LINKED THIRD PARTY WEBSITES
This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you, is your name, surname and email and other information which you give freely, at your own discretion. It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
“USCT” 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, USCT 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 cookies and analytics;
- e-mail address;
- IP address;
- geographical location;
- account details; and/or
- username and password (required for access to personal information pages).
USCT collects stores and uses the above-mentioned information in order for USCT to:
- communicate requested information to you;
- respond to queries, responses or complaints submitted by you;
- process orders or applications for USCT products and/or services;
- create products or services that may meet your future requirements;
- provide you with access to restricted pages on the USCT website; and
- compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
- USCT may further collect non-personal information, for example, your IP address, the date and time of your visits to the USCT website, and browser history, to recognise USCT may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
- USCT owns and retains all rights to non-personal statistical information collected and compiled by USCT as and when necessary, USCT 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 USCT, to USCT agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide USCT products, services and the online services to you; to consumer research companies for the purposes of conducting research on improving USCT 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 USCT subscribers; and for the purposes of USCT informing or sending information to you about any new services or products offered by USCT and/or by any of USCT agents and/or consultants and/or trade partners which we consider may be of interest to you. USCT 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 USCT website you understand that USCT 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. USCT agrees that it will not disclose any personal information that could be used to identify you. USCT reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
LIMITATION OF LIABILITY
USCT / The company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third party website. You hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
CHANGES TO THESE TERMS AND CONDITIONS
USCT / The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
AVAILABILITY AND TERMINATION
USCT will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you. The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.