In this Agreement unless otherwise required or indicated by the context:
- “Wild Africa Experiences Website” shall mean the Wild Africa Experiences website for Wild Africa Experiences purchases within South Africa that is located at the domain name wildafricaexperiences.co.za,
- “Wild Africa Experiences” shall mean Wild Africa Experiences, a South African-based private company with Closed Corporation and registration number 1997/028508/23 and with its main offices located at River Fever, 128 Kalheuvel East, Madibeng, 0250;
- “Personal Information” means any information that may be used to identify a specific person;
- “System Data” shall mean usage, transactional and device-related data that is collected automatically by Wild Africa Experiences;
- “User” shall mean any person who accesses or uses the Wild Africa Experiences Website;
- “User Data” shall mean any data or content entered or captured by a User by means of the Wild Africa Experiences Website, including data needed by the Wild Africa Experiences Website to allow the User to make purchases of Wild Africa Experiences products online;
Wild Africa Experiences Website
Wild Africa Experiences provides a website service whereby Users can purchase Wild Africa Experiences products.
This Agreement regulates the use of the Wild Africa Experiences Website, which is developed and owned by Wild Africa Experiences.
Registration as a User
To purchase Wild Africa Experiences products or to create a Wild Africa Experiences Product Wishlist, all new Users will need to register on the Wild Africa Experiences Website. When creating an account, you (the User) must ensure you provide Wild Africa Experiences with information that is accurate, complete, and current at all times.
Availability of the service
If the User is in an area where there is weak or limited connectivity and/or the User attempts to access Wild Africa Experiences Website whilst being offline, the Wild Africa Experiences Website may not function correctly and the User may not be using the most recent version of the Wild Africa Experiences Website. Wild Africa Experiences not be liable for any damages suffered by a User arising from the use of an outdated version of Wild Africa Experiences Website or from using the Wild Africa Experiences Website in an area of weak or limited connectivity.
The Wild Africa Experiences Website service may be interrupted for the one or more of the following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. Wild Africa Experiences may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time.
Events beyond the control of Wild Africa Experiences may affect the services offered. Such events may include events of force majeure.
Hosting and transfer of data
Data relating to the User, including User Data and System Data, may be hosted and processed in a country or jurisdiction other than the one where the User is based in, and may be transferred to suit Wild Africa Experiences’s operational requirements between countries around the world that may not have the same data protection and privacy laws as in the User’s jurisdiction. Wild Africa Experiences will not host or transfer such data to a country or jurisdiction that does in support data protection and privacy laws to the same standard as those set out in the Terms.
Links to other websites
Wild Africa Experiences’s service may contain links to third-party websites or services that are not owned or controlled by Wild Africa Experiences, including any third-party credit and debit card payment service. Wild Africa Experiences has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The User further acknowledges and agrees that Wild Africa Experiences shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Transacting through the Wild Africa Experiences Website
Wild Africa Experiences and any third-party credit and debit card payment service will act on instructions that appear to have been sent by a user. The User must confirm that any purchase made is correct with respect to the contents of their purchase. Once the User submits their transaction it cannot be reversed. Wild Africa Experiences is not responsible for any loss the User may suffer if the User enters the incorrect details for their transaction. Wild Africa Experiences will process the User’s instruction to debit the User’s account in real time.
The User will receive confirmation of their purchase order when the shopping cart tab of the User’s profile menu of the Wild Africa Experiences Website once it has been updated and reflects the order number of the transaction. Up until that point in time the User should not assume their transaction has been processed. Wild Africa Experiences is not responsible for any loss or damage the User may suffer because they repeated a purchase and in consequence thereof Wild Africa Experiences repeated the debit from their account.
A valid payment method, including credit card, PayFast or electronic fund transfer, is required to process the payment for a User’s Booking. The User shall provide Wild Africa Experiences or its designated third-party payment processing company, with accurate and complete billing information including their full name, address, telephone number, and other information required for a valid payment. By submitting such payment information, the User automatically authorises Wild Africa Experiences to charge the fees for the Wild Africa Experiences products in the shopping cart.
Wild Africa Experiences makes use of third-party payment processing companies to collect payment information, which may include your credit card number, billing address and phone number. Wild Africa Experiences will only share this payment information with the such third-party processing companies as required. Wild Africa Experiences will not collect or store any User’s payment information.
Except when required by law, paid amounts for Wild Africa Experiences products purchased are non-refundable.
Termination of the service
Term/s of this Agreement or creates harm, risk, or possible legal exposure for Wild Africa Experiences, its users, or any other third party.
The following provisions will survive any termination of your relationship with Wild Africa Experiences: “Confidentiality and non-solicitation”, “Indemnity and limitation of liability” and “Copyright and “Intellectual Property”.
Information that you provide
When a User registers as a User and through the ongoing use of the Wild Africa Experiences Website, Wild Africa Experiences shall collect information from the User, including but not limited to one or more of the following fields:
- Personal details such as name, surname, gender;
- Contact details, such as email address and contact number;
- Preferences with respect to the use of Wild Africa Experiences Website.
Collecting of service-related information
The following types of information are collected in the background through the User’s use of the Wild Africa Experiences Website:
- System data relating to the User’s device or Internet connection, such as the User’s device’s operating system, browser or IP address;
- Usage data regarding the User’s use of the Wild Africa Experiences Website;
- Analytics data in aggregate and anonymous format via third party tracking services such as Google Analytics;
- Transactional information regarding payment transactions where applicable, such as payment receipts, from third parties processing any payment made by the User.
Security and protection of information
The User’s user and System Data are private and confidential and are treated as such. Wild Africa Experiences takes all reasonable steps to secure and protect your data during hosting and transmission and to ensure that your information is handled in accordance with the Terms.
However, it is possible for Internet-based communications to be intercepted or servers to be hacked. Wild Africa Experiences will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User make to Wild Africa Experiences through the Internet, or that the User expressly or implicitly authorises Wild Africa Experiences to make, or for any errors or any changes made to any transmitted information.
To ensure acquaintance with and awareness of the privacy measures and policies of Wild Africa Experiences, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
Using and sharing of information
Wild Africa Experiences may not use and share the User and System Data we collect from the User.
Wild Africa Experiences undertakes not to share any of the User’s User or Systems Data that are deemed of a personal or private nature.
Wild Africa Experiences retains the right to transfer the User’s information to a new owner if the ownership of all or substantially all of our business should change, in which case the terms of this Agreement will still apply until the Terms are updated or amended by the acquiring party upon notice to the User.
Wild Africa Experiences may release account information or User Data when we believe, in good faith, that such release is reasonably necessary to (a) comply with law, (b) enforce or apply the terms of any of our user agreements or (c) protect our, our Users or any other relevant third parties’ rights, property or safety.
Using data for research and benchmark purposes
The User hereby provides consent for their de-identified User and System data to be used for research relating to purchases of the Wild Africa Experiences products. The User also consent to the use of aggregate User and System data for statistical and benchmark purposes.
Local storage is a more secure way for web-applications to store large amounts of data locally in the User’s browser without affecting the web-application’s performance. Wild Africa Experiences uses local storage to store some of the User Data to improve the application’s performance and to allow the User to use the application to some extent, whilst offline when an Internet connection is not available.
When a User logs out of the Wild Africa Experiences Website any information stored in local storage is cleared. The User can choose to disable local storage in the settings menu. Please note that disabling local storage will detrimentally affect the User’s experience with the Wild Africa Experiences Website.
Data protection and use of information
The User acknowledges that Wild Africa Experiences will at all times remain responsible for determining the purpose of and means for processing the User’s User Data and System Data; and Wild Africa Experiences is required by legislation to collect certain of Personal Information from the User, without which Wild Africa Experiences will be unable to offer the Wild Africa Experiences products for purchase by a User.
The User agrees that they are providing Wild Africa Experiences with their Personal Information voluntarily and freely.
Indemnity and limitation of liability
None of the content, including any information or articles published pertaining to specific aspects of the business of Wild Africa Experiences, must be construed as advice in respect of such aspect. Neither Wild Africa Experiences, its suppliers, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.
Neither Wild Africa Experiences nor any holding company, affiliate, agent, subsidiary of Wild Africa Experiences or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the Wild Africa Experiences SA Website or any functionality, or of any linked website to the extent permissible by law.
The User indemnifies Wild Africa Experiences against any loss or damages (direct, indirect and consequential) that Wild Africa Experiences may suffer because:
- The User gave us wrong instructions or wrong information;
- The User does not have enough money in their bank account debited to pay for their order; or
- An unauthorised third party carried out an instruction or made a payment without the User’s permission, on their behalf.
The User acknowledges and agrees that the Terms are entered into between the User and Wild Africa Experiences and does not govern the relationship between the User and any third party.
Amendments to the agreement
Wild Africa Experiences may change, modify, add to or remove from portions or the whole of these Terms. Changes to this Agreement will become effective when the changes are posted on the Wild Africa Experiences Website. Wild Africa Experiences will notify the User of the by posting a prominent notice on the Wild Africa Experiences Website. The User’s continued use of the Wild Africa Experiences Website following the posting of changes or updates will be considered notice of the User’s acceptance of the updated terms in the Agreement, including any changes or updates.
Complaints and disputes
Users can file complaints by means of the “contact us” tab on the Wild Africa Experiences Website. Currently, Wild Africa Experiences does not subscribe to any alternative dispute resolution code or mechanism and a User may approach the courts should the dispute or complaint not be resolved.
The User’s use of the Wild Africa Experiences Website is dependent on factors beyond Wild Africa Experiences’s control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity. Wild Africa Experiences is not liable of any loss or damages the User may suffer if a factor beyond Wild Africa Experiences’s control arises and you cannot access the Wild Africa Experiences Website.
Wild Africa Experiences nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s use of the Wild Africa Experiences Website or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.
Wild Africa Experiences is not responsible for any loss or damage where:
- Any technical interruption, malfunction, downtime or other failure that affects the Wild Africa Experiences Website, Wild Africa Experiences’s banking system, a third-party system or any part of any database for any reason;
- Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the Wild Africa Experiences Website;
- Any failure or problem that affects services provided by any other party for example any ISP, electricity supplier, local or other authority; or
- Any event that Wild Africa Experiences has no control over.
Confidentiality and non-solicitation
During the period of this Agreement and subsequent thereto, the parties will keep confidential and will not make use of, directly or indirectly, and will not disclose any of the parties trademarks, intellectual property, trade secrets or confidential information including, but not limited to, technical know-how and data, plans, drawings, systems, URLs, methods, software, processes, client lists, business affairs, suppliers’ lists, marketing information or financial information, or those of its subsidiary or associate companies or those of persons who have made disclosures to a party under conditions of confidentiality, other than to persons authorised by a party or those employed by a party who are required to know such secrets or to have such information for the purpose of their employment with a party.
Should a party be uncertain as to whether any information is confidential or is a trade secret, the party will in writing request a ruling from the other party.
The User will immediately inform Wild Africa Experiences should it at any stage during the period of this Agreement become aware of any unlawful disclosure or use of any such confidential information by any other person. The User will deal with the issue on a confidential basis.
The obligations contained in this clause will survive the termination of this Agreement and will endure for a period of 3 (three) years after the termination.
Each party undertakes forthwith to inform the other of them in writing should any demand or request for information relating to or in connection with the subject matter of this Agreement be received, irrespective of whether such request or demand is formulated in terms of any relevant legislation, or on any other grounds.
Wild Africa Experiences may suspend or disconnect the User from using the Wild Africa Experiences Website if they are in breach of a clause as contained in this Agreement and do not remedy the breach within 5 (five) days after Wild Africa Experiences has requested them to do so. Wild Africa Experiences may still take other steps available to them, including applying to a court for an urgent interdict against the User.
Copyright and intellectual property
“Intellectual Property” shall mean with limitation, all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works, including, but not limited to, all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.
Wild Africa Experiences has exclusive use to sell and distribute the Wild Africa Experiences Products in the Republic of South Africa and it remains owners of the Wild Africa Experiences Brand. All the proprietary works, and the compilation of the proprietary works, belong to Wild Africa Experiences, its affiliates or subsidiary, or any third-party owners of the rights and the content is protected by South African and international copyright laws.
Certain content available on the Wild Africa Experiences Website may include content that belongs to third parties. Wild Africa Experiences may provide links to third-party websites, as a convenience to the User.
The User agrees that Wild Africa Experiences is not liable for any of the following:
- The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants, featured on the Wild Africa Experiences Website;
- Any content featured on the third-party websites that are accessed through the links found on the Wild Africa Experiences Website.
The User acknowledges that:
- They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to Wild Africa Experiences and/or any third parties featured on the Wild Africa Experiences Website;
- They will not use Wild Africa Experiences and/or any third party Intellectual Property that is featured on the present Wild Africa Experiences Website present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country;
- They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair Wild Africa Experiences’s goodwill; and
- They will not use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to Wild Africa Experiences present and/or future Intellectual Property in any country.
The User indemnifies Wild Africa Experiences against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against Wild Africa Experiences relating to the User ‘s unauthorised use of the Wild Africa Experiences Website, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.
Any breach of the terms under this clause entitles Wild Africa Experiences, in addition to their normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to Wild Africa Experiences.
Feedback provided by the User to Wild Africa Experiences about any aspect or feature of the Wild Africa Experiences Website may be used by Wild Africa Experiences without any obligation to the User.
Choice of law
The Wild Africa Experiences Website is controlled, operated and administered by Wild Africa Experiences from its offices within the Republic of South Africa.
The Agreement will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng High Court in the event of any dispute.
If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.
This Agreement contains all the provisions agreed on by the Parties with regard to the use of the content and the Wild Africa Experiences Website and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.
The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.
Wild Africa Experiences may terminate Wild Africa Experiences Website any time, without notice.
Wild Africa Experiences will send any legal documents or notices to you to the email address registered on the User‘s profile or through the Wild Africa Experiences Website message system. Wild Africa Experiences will regard a communication sent by email as having been received by the User one day after it was sent. Any legal document of notice to be served in legal proceedings must be written on paper.
User contact information
If you have any questions about the Wild Africa Experiences Website you can contact us by means of the “contact us” tab.
Distribution and communication by email
Any email communication received from Wild Africa Experiences is privileged and confidential and for the use of the intended User only. If a User receives an email in error, please notify Wild Africa Experiences directly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, Wild Africa Experiences spam scanners may eliminate legitimate email from a User. There is a duty on the User to ensure Wild Africa Experiences acknowledges receipt of the User’s instruction.