Below are the Terms and Conditions of Use for all agreements between Imfihlo Yengwe Kruger Safari, in which they provide goods and services to a customer.
INTRODUCTION
These terms regulate the:
(i) agreements between an Imfihlo Yengwe Kruger Safari and its customers
(ii) use of the website of Imfihlo Yengwe.
By using the goods or services or visiting the website, you agree to be bound by these terms.
DEFINITIONS
“agreement” means these general terms and conditions, including all schedules and annexures hereto, together with the terms of any orders and the acceptable use policy which are incorporated herein by reference;
“business day” means Monday to Friday, excluding public holidays published as such in the government gazette;
“business hours” means from 08h00 (8am) to 18h00 (6pm) South African time, on business days;
“Cancellation charges” means any charges which will be charges to customer for cancellation of contract or invoice;
“contract term” means the terms specify in the contract, normally vehicle rentals will only be for few days;
“customer” means the party who enters into a contract with Imfihlo Yengwe Kruger Safari;
“effective date” means the date of signature of the agreement or date when the non-refundable deposit of Invoice is paid;
“goods” means the OSV, blankets and Poncho’s we currently using in Guides;
“intellectual property” means the name of the company, branding or any form of property right. This also includes the property of the website design and all future use of Imfihlo Yengwe Kruger Safari;
“NCA” means the National Credit Act 34 of 2005, as amended;
“order” means supply request for the use of our OSV Vehicle to drive in Kruger National Park
“personal information” has the meaning ascribed to such term in the POPI Act;
“personnel” means any director or employees representing the company;
“premises” means area where the services are provided;
“POPIA” means the Protection of Personal Information Act 4 of 2013;
“services” means providing OSV Vehicle drives in Kruger National Park. Where we provide safe and secure drives, with a wild life experience.
“services commencement date” means the date when the OSV vehicle is scheduled for and when invoice is paid in advance.
INTERPRETATION
Any reference to days shall be interpreted to be a reference to a calendar day unless qualified as a business day.
Inclusion of the words “including” or “excluding” followed by examples or items following the term be illustrative only and will not limit its ambit or application.
Each order will be seen as a separate agreement. If any conflicts arise from an order, you can’t refer back to a previous order. Each order will have to constitute to:
(i) The service order;
(ii) The general terms and conditions;
(iii) The acceptable use policy;
Any conduct which violates any laws, regulations, or practices, are prohibited in terms of these terms and conditions.
ACCEPTABLE USE
The customer shall use the services and goods of Imfihlo Yengwe Kruger Safari in accordance with the acceptable use policy of Imfihlo Yengwe Kruger Safari;
• Undertakes to not knowingly create, store or disseminate any illegal content.
• Commits to lawful conduct in the use of the services, including copyright and intellectual property rights.
• Undertakes not to send or promote the sending of spam.
Imfihlo Yengwe shall monitor its services for performance to ensure compliance with the terms of any agreement between Imfihlo Yengwe and the customer. This also includes agreement to the privacy policy.
COMMENCEMENT AND DURATION
This agreement shall commence on the deposit date.
Notice of termination of termination will lead to cancellation costs. This will mean any deposit / portion of deposit will remain non-refundable. This will depend on when it was cancelled and if there is ample time to reschedule a new drive. No agreement exists between Imfihlo Yengwe and Customer before a deposit is paid.
GOODS AND SERVICES APPOINTMENT
The customer request Imfihlo Yengwe to provide a captivated Wildlife drive with an OSV vehicle. Service includes usage of goods in OSV vehicle such as blankets, water and jackets. These are subjected to the terms and conditions contained in this agreement with Imfihlo Yengwe.
GOODS AND SERVICES
Imfihlo Yengwe will sell services to customer as agreed to in the order.
If Imfihlo Yengwe provide goods to use in vehicle such as blankets and jackets. This remains the property of Imfihlo Yengwe. These goods have been branded for the OSV use.
PERMISSION TO ACCESS
The customer expressly gives its permission and authorises Imfihlo Yengwe to use their personal information to process under this agreement, to allow Imfihlo Yengwe to provide their terms of the obligation.
PROVISION OF SERVICES
Imfihlo Yengwe agrees from effective date, and thereafter throughout the duration of the contract, to supply goods or services as requested by the customer.
Each order shall constitute to an agreement between the two parties.
The services shall be used by the customer according to the terms of this agreement.
SERVICE ORDER
If these terms or conditions are in conflict with the order, the order will take preference.
Service orders may, depending on the service in question, be placed online or via a request for a quote from Imfihlo Yengwe.
If the particular service requires Imfihlo Yengwe to provide a quote to the customer first, when we receive the deposit, it is confirmation of acceptance of order.
FEES AND PAYMENT
The customer shall be liable for and shall pay the fees in advance for services provided by the Imfihlo Yengwe. These services will be booked by our bookings operator.
Fees are payable in South African Rand bank account. We will not provide services before full payment of services in advance. Unless another agreement was made to the customer.
Should any amount invoiced be disputed, the customer have no right to withhold the payment. Any amount disputed will bear interest at 24% per month, if there was payment failure from date of invoice.
The customer shall reimburse Imfihlo Yengwe for any property damage cause to the Property of Imfihlo Yengwe while the customer use the property.
SECURITY
Imfihlo Yengwe will provide protection for all personal information held by Imfihlo Yengwe. We will take reasonable steps to prevent unauthorised access to personal information. Imfihlo Yengwe will on a regular basis do reviews over personal information and security requirements for the protection of these information.
The customer must follow all Imfihlo Yengwe guide and employees instruction on and of the OSV vehicle. Any violation of these instruction will indemnifies Imfihlo Yengwe from any losses and harm caused to the customers.
The customer will cooperate in any investigation that may be carried out by Imfihlo Yengwe relating to a violation or where a court order requires information to be provided.
SUSPENSION OF SERVICES
Imfihlo Yengwe will be entitled to terminate services under the agreement if:
• Failure to make payment as required.
• Instruction violation under the agreement.
• it is necessary to comply with the law;
Imfihlo Yengwe will be entitled to suspend the service immediately .
Should the customer services be terminated due to non-payment of the customer account. Imfihlo Yengwe is entitled to retain any money already paid by the customer for services as cancellation fee.
INDEMNITY
The customer hereby state that I have chosen to take part in the activity under this agreement offered by Imfihlo Yengwe Kruger Safari (Pty) Ltd, the indemnified party of own free will.
The customer hereby indemnifies Imfihlo Yengwe Kruger Safari, its members, directors and employees from any claims against losses, demands, actions, damages and causes of action whatsoever arising directly or indirectly out of my acts conenected with or arising out of the Activity, whether suffered by me or any other third party, and I hold the indemnified party harmless there from.
The customer understand that the Activity may be inherently dangerous and may create certain risks to persons that can result in property damage and serious physical injury. The customer further understand that the Indemnified Party, its officers, employees, and agents will not be and/or are not responsible for any injuries, property damage or liability that may arise
from my participation in the Activity. The customer assume full responsibility for the decision, and the consequences thereof, to take part in the
Activity.
The customer hereby release, agree to indemnify and hold the Indemnified Party, its officers, employees and agents free and harmless from any and all costs, losses, expenses, damages (direct, indirect, consequential or otherwise), claims, suits, causes of action or any other liability or responsibility whatsoever, including attorney’s fees and related costs,
resulting from any injury to any person(s) or damage to property arising out of, or which may in any manner be connected with, said Activity as provided herein.
EXCLUSION AND LIMITATION OF LIABILITY
Imfihlo Yengwe Kruger Safari is hereby indemnified from all liability howsoever caused as a result of any use of third-party contractor’s goods or services.
CONFIDENTIALITY
The parties agree to treat all confidential information of both parties confidential and may not share any personal information unauthorized.
FOURCE MAJEURE
Imfihlo Yengwe shall not be liable for any delay in performance of its obligation under the agreement due to any cause beyond Imfihlo Yengwe or customer reasonable control. Items which is beyond Imfihlo Yengwe or customer control such as strikes, lockdowns, sabotage, terrorism, civil commotion, riots, invasion, war, fire, explosion, storm, floods, natural disaster etc.
EXCLUSION AND LIMITATION OF LIABILITY
By entering into an agreement with Imfihlo Yengwe, the customer acknowledges that the customer has read and understands Imfihlo Yengwe’ Privacy Policy. This policy can be found on Imfihlo Yengwe’ website.
This policy includes that Imfihlo Yengwe may collect, use and process the customer’s personal information and/or data in accordance with POPIA for purposes listed in Imfihlo Yengwe’ Privacy Policy.
Imfihlo Yengwe my retain personal information in accordance with the provisions of POPIA.
DISPUTE RESOLUTION
In the event that a dispute arises in respect of this agreement, customer can raise any dispute to info@imfihloyengwe.com
Imfihlo Yengwe Kruger Safari may have the right to attend to the dispute within 10 business days(exclude weekends and public holidays).
GENERAL
Nothing in this agreement will constitute any relationship of employment, subcontract or partnership and neither party will be able to bind the other party contractually.
The parties choose as domicilium citandi et executandi the address stipulated in the order.
This agreement will be regulated and interpreted in accordance with the laws of South Africa.
The Customer may only assign its rights and obligations under this agreement to a third party with written consent and required authorisation from Imfihlo Yengwe.