Terms and conditions

TTerms and Conditions

 

South African Tourism (herein after SAT) has developed this Website as an electronic business platform which allows SAT and Third Party Publishers to publish information about South Africa and their products and in doing so make information on South Africa in general and travel to South Africa available to interested parties. 

These terms and conditions (Ts and Cs) set out the rules of use of this Website and create a contract between You and SAT. Please read these terms and conditions carefully and if You decide to continue use of the website, You will indicate by Your use that You agree to the rules set out below (refer to Section A, paragraph 4 to familiarise Yourself with the term ‘use’ and paragraph 6 sets out how this contract comes about). We have written these terms and conditions in as plain language as possible without losing any of the important information but if there is anything unclear or if there is something You do not understand, we strongly recommend that You contact SAT at the email address provided below and SAT will explain. 

If You do not agree to the terms and conditions that govern this agreement, You must not continue with the use this Website further. 

The Ts and Cs to the Website has three sections: 

1. General Terms and Conditions
2. Our Privacy Policy in terms of information that we gather when You use our Website
3. A complaints procedure to ensure that all Your concerns, should You have any, are attended to

 A                General Terms and Conditions

 1                 Contracting Parties

 1.1       Visitors (hereafter referred to as "Users" or "You") to southafrica.net (hereafter “the Website”), including but not limited to –

• those Users who buy any products or services advertised on the Website (hereafter "Buyers");
• those Users who make available or publish information on the Website (hereafter “Third Party Publishers”); and
• any person who uses, accesses, refers to – via hyperlink or otherwise – or views any part of this website.

 1.2              South African Tourism

                   Full name and legal status:  South African Tourism

                   Telephone number:  +27 (0) 11 895 3000

                   Public relations officer:   Thandiwe Mathibela

                   Email address:  ceo@southafrica.net

                   Physical address:  Bojanala House, 90 Protea Road, Chiselhurston, 2196

                   Website address: http://www.southafrica.net

2                 Intermediary                

                   SAT makes use of an intermediary to maintain this website, namely Faranani IT Services. Its details are as follows:

                   Full name and legal status: Faranani IT Services (Pty) Ltd
                   Registration Number: 2003/005132/07

                   Telephone number: +27 (0) 11 805 2012

                   Contact person: Molese Kekana

                   Email address: info@faranani.com

                   Physical address: Unit 15, Thornhill Office Park, 94 Bekker Rd, Vorna Valley, Midrand, 1685

                   Physical address for receipt of legal service: Unit 15,

                   Thornhill Office Park, 94 Bekker Rd, Vorna Valley, Midrand, 1685

                   Website address: https://www.faranani.com

  3                 All documents that form part of these Ts and Cs

                    The terms and conditions set out below must be read together with any other document made available on any of our partner or social media sites that would form part of these Ts and Cs and are referred to as (“Terms and Conditions” or “Ts and Cs”).

  4                 What does “Use” of this Website mean?

                    These Ts and Cs regulate Your use, access, reference or viewership (hereafter individually or collectively referred to as “Use”) of this Website (“the Website Content”), whether the Website Content is provided by or belongs to SAT, Third Party Publishers or any other party.

 5                 What qualifies as Website Content?

 Website Content includes but is not limited to any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, literary works, musical works, artistic works, sound recordings, cinematograph films, program-carrying signals, published editions, computer programs, sound and television broadcasts, artwork, trade names, logos, designs, trademarks and service marks which are displayed on or incorporated in this website. Definitions for these terms are the same as those used in the Copyright Act, 1978(Act No. 98 of 1978) and may be found here:

 http://www.cipro.co.za/legislation%20forms/Copyright/Copyright%20Act.pdf

  6                 Use of this Website by You

 6.1              In use of this Website You agree that:

 6.1.1          if You click or check the “I Agree” button, and/ or make use of this website, You indicate that You agree to comply with and be bound by these Ts and Cs;

6.1.2          these Ts and Cs shall apply even where the Website Content is provided by or belongs to Third Party Publishers or any other Party;

6.1.3          SAT may change these Ts and Cs or add additional Ts and Cs as they relate to Use (as defined in paragraph 6.4 below) of products, facilities or functionality which is made available by SAT or any other user or party (“Additional Ts and Cs”) and, because changes can be made, You will reread these Ts and Cs every time You use this Website.

 6.2              If You do not agree to comply or be bound by these Ts and Cs:

 6.2.1          You will not be allowed to use this Website and the Website Content; and

6.2.2          You will immediately delete all copies of the Website Content in Your possession or under Your control, including but not limited to, any Website Content which has been copied or cached by You.

 6.3              You are allowed to print a copy of these Ts and Cs and if You have any difficulty printing these Ts and Cs or need a hard copy or electronic copy of these Ts and Cs or the additional Ts and Cs, please contact SAT at the email address provided above.

 6.4              Intended use of this Website and the Website Content by You:

 6.4.1          You may use this Website to browse and print the Website Content and take part in any competition or promotion conducted through the website; and

6.4.2          subject to these Ts and Cs and any additional Ts and Cs, this Website and the Website Content may only be used by You for the purposes set out in paragraph 6.4 of these Ts and Cs and for lawful personal and non-commercial use.

 6.5              If You do print Website Content, You must ensure that the following copyright notice appears prominently on every page which is printed:

                    “Copyright South African Tourism All rights reserved”.

 6.6              Intended use does not include the source code of this Website or of the source code of any software or computer program that forms part of the Website Content.    

 6.7              You may only download or copy certain Website Content on the Website for your personal use (i.e. – not for profit or for commercial use) if SAT has given you permission in writing to download or copy the relevant content, in which event You undertake to:

 6.7.1          maintain all copyright, trademark and other intellectual property notices contained in the Website Content;

6.7.2          name SAT as the source of the Website Content if the content is reproduced without changes;

6.7.3          clearly show and name which part of the Website Content can be attributed to SAT if You edit the Website Content in any way;

6.7.4          name writers, journalists, photographs and third parties as they are named on SAT’s website; and

6.7.5          include the date on which the content was sourced from SAT’s website.

 7                 What are You not allowed to do in relation to this Website or the Website Content hosted here without prior written consent from SAT?

 7.1              Banned use by You includes to:

 7.1.1          frame, link to, modify, distribute, use for monetary gain, exploit and/or change the Website or the Website Content;

7.1.2          incorporate any part of the Website Content in any other work or publication without consent;

7.1.3          do anything which may not be considered fair use;

7.1.4          do anything that is in conflict with these Ts and Cs or any additional Ts and Cs;

7.1.5          commit fraud, including without limitation to its common law meaning, solicitation, encouragement or asking of any person to take part in any business or non-business activities which are, or could be, a financial scam, pyramid scheme or chain letter;

7.1.6          break or infringe any intellectual property rights;

7.1.7          if SAT doesn’t sponsor or support You in any way, and has told you this in writing, You may not, or allow any Third Party to name or make any reference to SAT, this Website or the Website Content, whether it’s with a link or in any other way, where the reference could in any way be interpreted as a sponsorship, endorsement, affiliation, or recommendation by SAT in relation to You or a Third Party, or of Your services, products, opinions or conduct or those of a Third Party.

 7.2              You may not use this Website to obtain or distribute:

 7.2.1          copyrighted material or material protected by laws relating to intellectual property rights without the permission of SAT;

7.2.2          material containing viruses or any other destructive material or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise interfere in any manner in the operation of a computer system or hardware or software;

7.2.3          material which is defamatory, unlawful or contains hate speech; and

7.2.4          bulk email, whether solicited or unsolicited.

 7.3              You must not interfere with or jeopardise the functionality or the operation of any part of this Website or attempt to interfere with or jeodarpise, disrupt, disable, harm or otherwise interfere in any way with the functionality or operation of any part of this website.

 7.4              You are strictly banned from Using this Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing”, or spamming or any other activity designed or aimed at achieving purposes similar or the same as any of the acts mentioned above.

 7.5              You may not intercept any information transmitted to or from SAT or this Website which is not intended by SAT to be received by You.

 7.6              You must not:

 7.6.1          post, transmit or otherwise make available, through or in connection with the Website anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;

7.6.2          collect and keep personally identifiable information about other users of the website;

7.6.3          restrict any other person from using the Website including hacking or defacing any portion of the website;

7.6.4          use the Website to advertise or offer to sell or buy any goods or services without SAT’s express written consent and without agreeing to any additional terms and conditions which may apply to an advertiser;

7.6.5          reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any part of, or access to the website; and

7.6.6          create a database by downloading and storing all or any Website Content.

                    (paragraphs 7.1 to 7.6 will hereafter collectively be referred to as “Banned Use”).

 7.7              These Ts and Cs and any restrictions on the use of this Website or Website Content will also apply to any part of this Website or Website Content which is cached when using this Website or Website Content.

 7.8              To see what You can and cannot do in terms of blog posts, opinion polls or social media content, please refer to paragraph 18 below.

                    If there is anything that You do not understand, please contact SAT and we will be happy to take you through these Ts and Cs.

 8                 How do You request permission to use Website Content?

 8.1              You may ask for written permission to use content as set out in Section A, paragraph 7.1 (“Banned Use”) by submitting a request to the email address provided in Section A, paragraph 1.2;

 8.2              SAT is entitled, in its sole discretion, to decide whether or not to grant permission to use Website Content;

 8.3              Should SAT grant permission for use, SAT may impose any conditions on any consent which is granted; and

 8.4              SAT has the right to take back any consent granted without notice if You don’t keep to the conditions that SAT made when SAT granted You the right to Use any content.

  9                 SAT’s liability for use of this Website and the Website Content by You   

 9.1              Use of this Website and the Website Content is entirely at Your own risk.

 9.2              Subject to the provisions of the Electronic Communications and Transactions Act 2002 (Act No. 25 of 2002) (“the ECT Act”), the Consumer Protection Act 2008, (Act No. 68 of 2008) (“the CPA”) and to the fullest extent allowed by law, SAT will not have any liability in any form in relation to this Website and the Website Content and Your use of this Website or Website Content.

 9.3              You agree not to hold SAT responsible for any liability, loss, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from Your Use of or reliance on this Website or the Website Content, or any actions or transactions resulting therefrom, even if SAT has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.

 9.4              In addition to the general scope of clauses 9.1, 9.2 and 9.3 above and to the fullest extent allowed by law, SAT will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Website or the Website Content for any reason whatsoever.

 9.5              To the fullest extent allowed by law, if any of the limitations or exclusions of the liability of SAT in these Ts and Cs are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of SAT to You exceed R 1 000 (one thousand rand).

 9.6              For the purposes of this 9.3 and 9.4, any reference to SAT will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers including intermediaries, suppliers and content providers of SAT.

 10               Exclusion of warranties and representations

 10.1           Any views or statements published on this Website are not necessarily the views of SAT, SAT’s affiliates, subsidiaries, holding companies, partners, directors, employees, officers, servants, service providers including intermediaries and/ or agents.

 10.2           The Website and the Website Content is provided “as is” and is subject to change without notice.

 10.3           Subject to the provisions of the ECT Act or the CPA, this Website and the Website Content is provided without any guarantee, whether express, implied or statutory including, but not limited to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Website Content.

 10.4           SAT also makes no warranty, whether express or implied, that the Website is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise damage in any manner the operation of content of a computer system, computer network, any handset or mobile device, or Your hardware or software.

 10.5           SAT does not accept any responsibility for any errors or omissions on this Website or the Website Content.

10.6           You must not rely on any warranty or representation, which allegedly encouraged You to agree to these Ts and Cs, unless the representation or warranty is recorded in these Ts and Cs.

 10.7           The purpose of this Website and Website Content includes, but is not limited to, the facilitation of travel and travel information, including accommodation and recreational activities, however -

 10.7.1        this Website and the Website Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any entity, institution, investment, service or product;

10.7.2        You must not enter into any transactions or make decisions about travel to South Africa or via South Africa based solely on the Website Content; and

10.7.3        You agree that You will research any products or services offered on the website, by verifying credentials with the relevant industry regulatory bodies and/or seeking other expert advice. Should You need help in this regard, please contact SAT at the email address provided above.

 11               References and links to and from other websites, products and services

 11.1           This Website may contain references or links to other websites (“Other Websites”) and to the products, opinions or services of third parties. These references or links are not intended to be and should not be interpreted as an endorsement, recommendation, or affiliation with these other websites or the opinions, products or services of third parties.

 11.2           You agree that You will research any products or services offered on Other Websites by verifying credentials with the relevant industry regulatory bodies and/or seeking other expert advice. Should You need help in this regard, please contact SAT at the email address provided above.

 11.3           Notwithstanding paragraph 11.2, Your use of Other Websites or the products or services of Other Websites will be entirely at Your own risk.

 1.4           Subject to the provisions of the ECT Act and the CPA and to the fullest extent allowed by law, SAT is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Websites or the opinions, products or services of Third Parties.

 12               Intellectual Property

 12.1           The Website Content, including but not limited to, any software, icons, text, links, graphics, photographic images, sound clips, music, video clips, artworks, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematographic Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, trade names, logos, trade marks and service marks (collectively “Intellectual Property Content”) are protected by law, including but not limited to copyright, patent, and trademark law, and are the property of SAT and/or Third Party contributors.

 12.2           Any unauthorised use as defined in paragraph 7 of the Website Content is banned.

 12.3           You will not acquire any right, title or interest in or to this Website or the Website Content other than those rights expressly granted to You in these Ts and Cs and Your rights of use are subject to these Terms and Conditions.

 12.4           Where any of the Website Content has been licensed to the Owner or belongs to any Third Party, Your rights of use will also be subject to any terms and conditions which that licensor or Third Party imposes from time to time and You agree to familiarise Yourself with such Third Party terms and conditions which will be provided to You upon request to the email address provided above.

 13               Registration by You on this Website

 13.1           You may be required to register with SAT in order to access certain

 13.1.1        services offered by SAT; and

13.1.2        areas of the Website.

 13.2           With respect to such registration

 13.2.1        SAT may refuse to grant You, and You may not use a user name -

13.2.1.1     (or email address) that is already being used by someone else;

13.2.1.2     that may be understood as impersonating another person;

13.2.1.3     that may belong to another person;

13.2.1.4     that violates intellectual property or other rights of any person;

13.2.1.5     that is offensive; or

13.2.1.6     that SAT rejects for any other reason in SAT’s sole discretion.

 13.3           In applying for and making use of Your user name and/or password You agree that: -

13.3.1        Your user name and password are for Your personal use and not for use by any other person;

13.3.2        You are responsible for maintaining the confidentiality of any password You may use to access the Website, and agree not to transfer Your password or user name, or lend or otherwise transfer Your Use of or access to the Website to any third party;

13.3.3        You are fully responsible for all interaction with the Website that occurs in connection with Your password or user name;

13.3.4        You agree to immediately notify SAT of any unauthorised use of Your password or user name or any other breach of security related to Your account or the website, and to ensure that You “log out” or exit from Your account with the Website (if applicable) at the end of each sessions; and

13.3.5        any liability arising from Your failure to comply with paragraph 13.3 of these Ts and Cs will fall to You alone and SAT will not be liable for any loss or damage arising from Your failure to comply with any of the obligations mentioned above.

 14               Variation of certain deeming provisions in the ECT Act

 14.1           By using this Website, You agree that these Ts and Cs create a binding contract between SAT and You, even though these Ts and Cs are wholly or partly in the form of a data message.

 14.2           You agree specifically that:

 14.2.1        the contract will be treated as if it was drafted and agreed upon at SAT’s physical address detailed in paragraph 1.2 of Section A above on the date on which You first made use of this Website;

14.2.2        an electronic signature is not required by You or SAT for the purposes of agreeing to these Ts and Cs and that, by using this Website or the Website Content, Your use will be enough evidence of Your agreement to these Ts and Cs;

14.2.3        any data message sent by You to SAT will be said to have been sent from SAT’s physical address detailed in paragraph 1.2 of Section A above if neither Your usual place of business nor residence is allocated within the Republic of South Africa;

14.2.4        any data message sent by SAT will be deemed to have been received by You at the Owner’s physical address detailed in paragraph 1.2 of Section A above if neither Your usual place of business nor residence is located within the Republic of South Africa;

14.2.5        any communication or message sent to You by an information system programmed to operate automatically on behalf of SAT will not be a data message attributable to SAT or authorized by SAT;

14.2.6        subject to sub-paragraph 14.2.5 above, a data message sent by You to SAT will only be treated as having been received by the owner when an acknowledgment of receipt is sent by a person who had authority to act on behalf of SAT in respect of that data message; and

14.2.7        this contract will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa.

 15               The Consumer Protection Act

 15.1           You have the right to cancel any contract which You have entered into due to marketing on this Website within 7 days at no cost to You;

 15.2           For more information about Your rights as a consumer, please refer to the Act, which You can find here: http://www.saflii.org/za/legis/num_act/cpa2008246.pdf

 16               Competition Rules

 16.1           The following rules shall apply to all competitions conducted through the Website or any other digital platform, whether Twitter, Facebook or any other, (“the Competitions”), unless other rules are specifically provided in relation to a competition:

 16.1.1        the Competitions are only open to persons who are

16.1.1.1     natural persons; and

16.1.1.2     18 years or older. If You are under the age of 18, You must get Your parents’ written permission to enter.

 16.1.2        all employees, directors, members, agents including intermediaries and partners of SAT are not eligible to participate in the Competitions;

 16.1.3        participation in the competitions and any prizes that are won by You are subject to these Ts and Cs;

 16.1.4

16.1.4.1     SAT reserves the right to change these Ts and Cs at any time, without notice;

16.1.4.2     SAT will not have to provide any reasons for any changes or amendments of these Ts and Cs; and

16.1.4.3     except insofar as provided by the CPA, no person will have a claim against SAT due to changes made as set out above.

 16.1.5        all information, rules or conditions relating to the Competitions, published in any publication or promotional or advertising material in any media, will form part of these Ts and Cs;

 16.1.6        any prizes won by entrants to the Competitions are not transferable and /or negotiable;

 16.1.7        in the event of a disagreement, and with due regard to competition procedures to be followed in terms of the CPA, SAT’s decision will be final and binding in all aspects of the Competitions, and no correspondence will be entered into; and

 16.1.8        By consenting to this Ts and Cs, You indemnify SAT, its employees, advertising and promotional agencies, intermediaries, endorsed and/or affiliated publications as well as its directors, officers, employees and agents, against any claims for loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever in connection with Your participation in any of the Competitions, with due regard to the provisions of the CPA.

 17               Blog posts, Opinion Polls and Social Media Sites

 17.1           Blog posts, opinion polls and social media sites, including but not limited to Twitter, Facebook, Flickr and YouTube, may be made available on this Website from time to time whether as Website Content or SAT may link to content on another Website or in any other manner.

 17.2           Should You post or publish any content or comment on the opinion polls and/ or social media sites, You:

 17.2.1        grant SAT a non-exclusive, transferable, royalty free, irrevocable, world-wide license to use, publish, disseminate, distribute, reproduce, adapt, and/ or sub-license such content on the Website and/or to any of its affiliated or endorsed publications and/or websites and to use the content for, among others, its promotional, marketing and research purposes;

 17.2.2        acknowledge and agree that while SAT is unable to guarantee that all content posted in the blog posts, opinion polls and social media will be reviewed by SAT, SAT reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason;

 17.2.3        are hereby warned that it is possible that other Website Users may misuse personal information and as such:-

 17.2.3.1     acknowledge that should You disclose or make public by publishing Your personal information it may be viewed, collected and/or used by any other party Using the Website;

17.2.3.2     in such circumstances You agree that SAT shall not be obliged to protect Your personal information or any other interest in law or otherwise;

17.2.3.3     You indemnify SAT from any loss (whether direct, indirect or consequential) that You may suffer as a result of any party that would have been able to view Your personal information; and

 17.2.4        agree that You may use the blog posts, opinion polls or social media posts only for personal, non-business related purposes and that You will not replicate content without indicating SAT as the owner and source of content.

 17.3           You further agree not to post or publicise:

 17.3.1        any content which may be considered, amongst others, abusive, obscene, defamatory, pornographic or illegal;

17.3.2        off-topic content, or the same content in multiple blog posts;

17.3.3        any graphics, audio or JavaScript files without written permission; and

17.3.4        any content that may, in the opinion of SAT, be seen as (without limitation) solicitation or requests for funds or advertising of goods or services without written permission.

 17.4           You understand and agree that SAT will be entitled, in its own opinion alone, to ban You from posting any comment on the blog posts, opinion polls or social media sites managed by SAT or an intermediary.

 18               Interception and Monitoring

 You agree that Your communications, whether posts or otherwise, on this Website may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by SAT or any other competent authority.

 19               General Administration

 19.1           Addresses for Notices:

                    Unless stated otherwise in these Ts and Cs, SAT’s address for services of any notice is:

 Physical Address:  Bojanala House,

90 Protea Road,            

Chiselhurston,

2196           

Fax number:  +27 (0) 11 895 3001

 19.2           All notices to SAT must be delivered by registered post to SAT’s physical address and/or sent to SAT’s fax number;

 19.3           Notices will only be recognised as having been received by SAT:-

 19.3.1        14 days after posting by registered post to SAT’s physical address; or

19.3.2        3 days after a confirmed successful transmission, if sent to SAT’s fax number.

 19.4           Disputes, claims and legal proceedings

 19.4.1        Except in the case of interim relief as set out in sub-paragraph 19.4.4 below, any dispute or claim that You may have against SAT or as a result of Use of this Website or the Website Content, including after cancellation or change (amendment) of these Ts and Cs or after they are no longer in use (terminated), will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place accordance with the commercial arbitration rules of the Arbitration Foundation of Southern Africa;

 19.4.2       

 19.4.2.1     Except in the case of interim relief as set out in sub-paragraph 19.4.4 below, if SAT has any dispute with or claim against You arising out of or in connection with these Ts and Cs or Your Use of the Website or of the Website Content, SAT reserves the right to have the relevant dispute addressed in a forum of its choice, which will include but not be limited to, the courts of the Republic of South Africa; and

19.4.2.2     this right will continue to apply after the Ts and Cs are no longer in use (terminated), cancelled or amended.

 19.4.3        You agree that SAT has the right, but does not have to use this right, to institute any proceedings arising out of or in connection with these Ts and Cs or Your Use of the Website or Website Content, in any Magistrate’s Court in the Republic of South Africa having jurisdiction over You, even though the amount of the claim which is in dispute may be more than the jurisdiction of the Magistrate’s Court;

 19.4.4        Nothing in these Ts and Cs will interfere with either Your or SAT’s right to seek interim relief on an urgent basis from a court with jurisdiction pending the institution or resolution of a dispute or claim or any legal proceedings.

 19.5           Costs

                    Any costs, including legal costs on attorney and own client scale (this is the fee agreed to between SAT and its attorneys as opposed what is determined by the rules of court) and value-added tax (VAT), incurred by SAT due to Your Use of this Website or the Website Content, or should You do anything that is Banned in these T’s and C’s, will be paid by You.

 19.6           Assignments

 19.6.1        You may not pass on, cede, assign or transfer any of Your rights and obligations in terms of these Ts and Cs without first receiving written permission from SAT; and

19.6.2        SAT does have the right to pass on, cede assign or transfer any of SAT’s rights and obligations in these Ts and Cs without first receiving written permission from You and without notice to You.

 19.7           Interpretation

 19.7.1        All headings in these Ts and Cs are for convenience only and will not be taken into consideration in the interpretation or constructions of these Ts and Cs.

 19.7.2        In any case that SAT in these Ts and Cs refers to the singular, it includes the plural of this word and the other way around.

 19.7.3        Any reference in these Ts and Cs to a person includes both natural and juristic;

 19.7.4        Unless the way a word or phrase is used in a sentence makes an interpretation impossible or illogical or it is specifically stated that not to be the case, any words or phrases:

 19.7.4.1     defined in these Ts and Cs will mean the same thing every time that it appears in these Ts and Cs;

19.7.4.2     not defined in these Ts and Cs but defined in the ECT Act or the CPA, the word or phrase will have the same meaning given in the relevant Act;

 19.7.5        If it is found that any of the clauses in these Ts and Cs are found to be invalid, unlawful or unenforceable, such terms will taken out of the Ts and Cs and the those Ts and Cs that are left will still be valid and enforceable.

 19.7.6        Any reference to “writing” or notices “in writing” by SAT in these Ts and Cs only includes writing on paper signed in ink by an authorized representative of SAT and specifically excludes that any writing may be in electronic form.

 19.7.7        If SAT makes exceptions, relaxes any condition or makes any indulgences, it will not have the effect of changing or amending any of these Ts and Cs or in law.

 19.7.8        If there is a conflict, difference or contradiction between these Ts and Cs and any Additional Ts and Cs, the Additional Ts and Cs will be viewed as correct.

 19.7.9        The termination of the contract created by these Ts and Cs will be without prejudice (i.e. will not have a harmful effect) to any other rights or remedies that You or SAT may have under this contract or in law, and will not affect accrued rights (i.e. right that You have from the past) or liabilities of You or SAT nor the coming into or continuance in force of any provision of these Ts and Cs which is expressly or by implication intended to come into or continue in force on or after such a termination.

 19.7.10      Governing Law and Jurisdiction

 The parties to these Ts and Cs agree that all interactions and transactions between the parties will be governed by South African law and, subject to the 'Disputes' clause of these Ts and Cs, You and SAT submit to the jurisdiction of the South African courts.    

B                Privacy Policy

This policy is applicable to all users who make use of the South African Tourism websites.

 1                 OBJECTIVES

To assure all users of the South African Tourism Websites (SATWs) of the protection of personal data that they provide to SAT. 

2                 DEFINITIONS                  

                   Definitions in Section A above apply. 

3                 COLLECTION AND USE OF PERSONAL INFORMATION 

Users registering on any of the SATWs may be required to provide personal information.  The personal information collected on this site and via the relevant support email address, is used for the purpose for which it is requested:

Contact information for stakeholders seeking information is collected in order for us to contact that person to provide information about our services. This information may be stored on our servers in South Africa. Such information is usually deleted as space requires or in the normal course of business, but can be amended or deleted upon request. To review, amend, or delete user information, contact travel@southafrica.net. Users are required to provide their name, contact information and the approximate dates they visited the websites and/or emailed the relevant support mailbox.

• 
  Contact information, such as user name, address, telephone number, or email address, for consumers, investors or customers with questions, concerns, complaints, inquires, requests for information or technical support questions, is used to respond to the request for information. This information may be stored on our servers in South Africa. Such information is usually deleted as space requires or in the normal course of business, but can be amended or deleted upon request. To review, amend, or delete user information, contacttravel@southafrica.net. Users are required to provide their name, contact information and the approximate dates they visited the websites and/or emailed the relevant support mailbox. 
• 
  When signing up for an email newsletter or alert at the websites, South African Tourism will use that address to deliver the email newsletter that has been requested. To review or delete user information or to opt-out of any newsletter, contacttravel@southafrica.net.  

4                 COLLECTION AND USE OF NON-PERSONAL INFORMATION 

• 
  The SATWs may use persistent cookies, clear GIFs and log file information (such as Internet Protocol Address and referring URLs) about user activity at this site in order to understand Website usage and to resolve any problems, for example, in navigation thus enhancing the user experience at this site.  Information about those cookies or Website usage is not combined with either any ad-serving cookies or email cookies nor is information about the cookie or log file information linked with any personal information a user may have provided at the website/s.
• 
  In addition, South African Tourism may serve ads on its websites. In doing so our ad server will place or read a unique ad-serving cookie on a user’s computer and will use non-personal information about the user’s browser and activity at this site to serve ads to them on this and other sites.
• 
  If a user has visited this site by clicking on a banner ad for our products and services, a temporary or "session" cookie may be set on the user’s browser. This cookie will contain either an identification number for the ad that was clicked on, or will contain an identification number for the site that was visited when the user clicked on the banner ad. After the user has arrived at any of the SATWs, and requests further information from South African Tourism about their products and services, the personal information provided during that request will be linked to the information in the session cookie so that South African Tourism’s Marketing Department can measure the effectiveness of the advertising. This "linking" will not be used to target future advertisements to the user or to send the user emails about future goods and services, unless indicated by the user on the product request page. As this is a session cookie, it will disappear from the user’s cookie folder once the browser has been closed. If the user returns to the site via one of South African Tourism ads, they will appear as a new visitor until they provide further personal information.

  5                 INFORMATION SHARING OR DISCLOSURE 

South African Tourism may provide user’s information to their agents, or their agents may collect information from users on their behalf if South African Tourism has contracted with a third party to provide some part of the information or service that the user has requested. By written agreement, these agents are required to implement similar security measures and will process user information only as authorized by SAT to fulfil the service that they have been contracted to provide.

Other than agents who act on South African Tourism behalf, information provided by users at this site will not be transferred to unrelated third parties, unless South African Tourism has user’s permission to do so. Personal information provided to this site is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders. 

 6                 CONFIDENTIALITY AND SECURITY 

South African Tourism has implemented reasonable security measures in order to protect both personal and non-personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction. South African Tourism employees are made aware of and are accountable for compliance with our privacy policy. 

  7                 CHANGES TO THIS PRIVACY POLICY 

South African Tourism may amend this policy from time to time.  Notification to users will be made by posting a prominent announcement on our Website pages if changes are made in the way personal information is used. For questions or concerns about the information collected or used at this site, please contact travel@southafrica.net.

8                 CHANGES IN CORPORATE STRUCTURE 

If all or part of the company is sold, merged or otherwise transferred to another entity, the personal information provided by users at this site may be transferred as part of that transaction. South African Tourism will take steps to assure that the personal information is used in a manner consistent with the South African Tourism privacy policy under which it was collected.

9                 REFERENCES

 9.1             APPLICABLE DOCUMENTS
Applicable to South African Tourism Employees and third party contractors
SAT8Q-POL-07  Data Security Policy

 9.2              ABBREVIATIONS

SATW South African Tourism Websites including all consumer and trade-related websites.

 C                Complaints Procedure

 All complaints to be sent in writing (snail mail or email) to the owner in clause 1.2, to be addresses by the relevant department in question.