1.1.This website is owned and operated by [insert full trading name] t/a Belafrique (“Belafrique”, “we”, “us”, “our”) a company incorporated under the laws of the Republic of South Africa.
2. Use of the Website
2.1.By accessing and/or using the Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.
3.1.Belafrique will take all reasonable efforts to properly and accurately reflect the description, quality, availability, price and related information of travel packages on the Website.
3.2.However, should there be any errors of whatsoever nature on the Website, we will not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.
3.3.For the avoidance of doubt: we will not be required to execute an order or compensate a Customer for any loss if it should have been clear to the Customer that an error was made by us, or where it should have been clear that it involved a typographical error; or if the consumer should not, under the circumstances, have reasonably relied on the price and/or product in question.
4. Disclaimers and Important Information
4.1.Belafrique disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.
4.2.Although Belafrique has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.
4.3.The use of the Website in any form is entirely at the users’ own risk and the Website is provided ‘as is’.
4.4.Belafrique is not liable for any damages whatsoever relating to your use of and/or access of the Website in any manner, howsoever arising, including instances of loss caused by the negligence of Belafrique and/or its affiliates, partners or representatives.
4.5.Belafrique may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Belafrique accepts no responsibility for the content or use of such websites or the information contained therein.
4.7.All information, packages, products and prices available on the Website are subject to change without notice.
5. Site Security and Prohibited Activity
5.1.You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.
5.2.In using the Website, you must not:
5.2.1.post or otherwise transmit any unlawful or otherwise objectionable material of any kind;
5.2.2.defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
5.2.3.upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.
6. Limitation of Liability and Indemnity
6.1.In addition to clause 4 above, under no circumstances, including, but not limited to, negligence, will Belafrique, its suppliers, affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website.
6.2.In no event will Belafrique, its suppliers, affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed five hundred South African Rand.
7.2.This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape, Cape Town, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office in Cape Town, Western Cape.
7.5.In terms of the Electronic Communications and Transactions Act 25 of 2002, you are hereby informed that:
Full name : [Insert] Address : [Insert] Responsible Member : [Insert] E-mail address: [Insert]