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Terms and Conditions PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using this web site, the user agrees to observe all terms & conditions. If you do not agree to these terms & conditions, you may not use this website.
Definitions
"the web site owner" means David Jury;
"this web site" means www.23ilala.com and all sub pages thereof excluding links to external web sites;
"user" means any person accessing any part of this web site;
"consumer" means any natural person who enters or intends entering into an electronic transaction with this web site as the end-user of the goods or services offered by this web site;
references herein to the singular includes the plural and vice versa; and
"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, a copy of which may be obtained at http://www.polity.org.za/pdf/electroniccommunications.pdf.
General
23 iLala was established in 2005 as a self-catering accommodation service provider, currently operating 23 iLala on the Simbithi Eco-Estate.
Terms of Use
Your use of this website signifies your consent to us collecting and using personal data about you as specified below in accordance with this policy statement. Should we choose to change these terms for any reason, the changes will be posted here so that you are always kept informed about the collection and use of your personal information, and when we disclose it.
Disclosures Required by Section 43 of the ECT Act
Full name: 23 iLala Physical address: 23 iLala, Simbithi Eco-Estate, Ballito, KwaZulu-Natal, Republic of South Africa
Main business: Self-catering accommodation
Web site owner: David Jury
Members: Alex Gray, David Jury
Email: info@23ilala.com
Web site address: www.23ilala.com
Membership of self-regulatory or accreditation bodies: none
Codes of conduct to which this web site subscribes: none
A full price list is contained on this web site.
Payment is accepted in the form of direct transfers.
Services will be rendered once reservation dates have been determined and confirmed by way of payment.
Reservation Form
The online reservation form does not constitute an agreement between 23 iLala and a consumer, but constitutes an offer which may or may not be accepted by 23 iLala.
23 iLala reserves the right to decline or execute a reservation at its absolute discretion, without the necessity to provide any reasons. 23 iLala also reserves the right to cancel reservations at its sole discretion.
Once a successful transaction has been entered into the web site owner will e-mail a record of the transaction to the relevant consumer.
Payment and Breakage Deposit
A 50% deposit is to be made within 5 days of confirmation of booking and the balance two weeks prior to arrival. A R500.00 breakage deposit will also be required, refundable on departure, subject to inspection.
Cancellation Policy
Refunds will only be considered if the booking is cancelled up to one calendar month before your date of arrival.
25% of the total accommodation charge per your reservation will be levied as a cancellation fee.
Indemnity
23 iLala shall not be liable for:
Any loss, damage, or injury (direct or indirect) arising from the use and occupation of the premises;
Supplying alternative accommodaation should the premises be damages by fire, riot, storm or the like.
The guests shall leave the premises in the same good order and condition as they were at the arrival date. The cost of replacing items missing from the itinerary shall be deducted from the deposit.
Linking & Framing
You may not establish a link to this website from a third party site, unless:
The link is to the home page at www.23ilala.com;
The link does not imply any association, endorsement or sponsorship of such website or any products or services offered on such site; and
This web site is not framed, in any manner whatsoever, without the prior written consent.
If you wish to use the 23 iLala logo as a link, you are required to contact info@23ilala.com to obtain written permission.
The web site owner reserves its right to request any link or other pointing to be terminated immediately upon demand.
Hyperlinks to Third Party Sites
Hyperlinks and/or advertisements contained on this web site and directed towards other web sites for users, are provided without any warranties or endorsements as to the legality, content, suitability, accuracy or security of the site linked to.
The web site owner shall not be held liable, either directly or indirectly, for the content, use or inability to use or access any hyperlink or advertisement.
This web site in no manner controls or edits the content of sites or pages linked to.
Security
In terms of section 86 of the ECT Act 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.
The web site owner is under no legal duty to encrypt any content or communications from and to this web site and is also under no legal duty to provide digital authentication of any page on this web site.
While the web site owner takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this web site or by destructive data or code that is passed on to the user through the use of this web site.
Disclaimer & Limitation of Liability
Subject to the consumer protection provisions contained in section 43 of the Electronic Communications and Transactions Act 25 of 2002, this entire web site, including but not limited to text, technology, images, links, downloads and coding, is provided "as is" and "as available". The web site owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability or either the web site or the information contained in it, including pictorial representations.
Any information or expressions of opinion found on this web site should not be regarded as professional advice or opinions and users should, where relevant, consult professional advice before acting on the information and/or opinions set out in this web site.
Subject to the consumer protection provisions contained in section 43 of the Electronic Communications and Transactions Act 25 of 2002, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this web site in any manner, or from the use or inability to use any product or service acquired through this web site.
Licence
Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use.
Commercial use or other non-personal use may, at the discretion of the web site owner, be permitted upon prior written request. A request for permission can be submitted by e-mailing info@23ilala.com.
All rights not expressly granted in these terms & conditions are reserved.
Intellectual Property Rights
All content on this web site, including but not limited to trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the intellectual property of or licensed to 23 iLala and as such, are protected from infringement by domestic and international legislation and treaties.
Privacy Policy
The web site owner may have to share personal information provided by users, with other commercial entities with which it has a business relationship. These entities do not have the right to use the personal information shared with them, beyond what is necessary to deliver the users requested service. The website owner will only use a users personal information insofar as it may be necessary to provide the services offered on this web site.
The web site owner may electronically collect, store and use the following personal information of users: Information voluntarily provided by user. This information is gathered for reservation and for service provider purposes; and
Information automatically collected (e.g. cookies). This information is collected to improve the interaction and browsing facilities on this web site.
By using this web site the user consents to the web site owner being able to do the following:
Retain the copyright in its databases of personal information of users;
Use the users personal information for communication purposes from time to time. Users may indicate if they do not wish to receive such communications; and
Use the users information for non-personal statistical purposes.
In addition, the web site owner may disclose any users information where it is legally obliged to do so in terms of the laws of the Republic of South Africa.
Any personal information provided to third parties linked to our site is at your own risk. The web site owner is not responsible for the actions or policies of such third parties and suggest that you check the applicable privacy policy of such third party before providing personal information.
This website is not intentionally designed for, or directed at, children under the age of 18 years. It is our policy never to knowingly collect or maintain information of persons under the age of 18. When posting any information to this website or any of our other websites, you agree that you are aged 18 years or older.
Agreement in Terms of Section 21 of the ECT Act
No information or data contained in this web site constitutes an offer to do business. It is merely an invitation to do business.
No agreement shall be concluded merely by sending a data message to this web site or its owners. Valid agreements require an acceptance of an offer by 23 iLala.
Electronic communications shall only be deemed to have been received if and when responded to.
Severability
In the event that any of these terms of use are found not to be valid or enforceable for any reason whatsoever, such term(s) shall be severable from the remaining terms of use. The remaining terms shall not be affected by such invalidity or unenforceability and shall remain enforceable.
Jurisdiction
This web site is hosted from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use this web site, its content, services and these terms and conditions.
Amendments
The web site owner reserves the right to change the terms & conditions, privacy policies, content and/or services, at any time without prior notice.
Legal Costs
The web site owner shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.
Cookies
A cookie is a small piece of data that a website can store on your browser and later retrieve. Cookies collect non-personal information for business and marketing purposes. The cookies help us to provide a more valuable online experience to users. You can set up your browser to disable cookies, however, this might cause certain features of this web site to be inaccessible. |
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