Terms & Conditions
[Valid from: 1 Sep 2021]
- 1. Terms
1.1 A User must be at least 18 years old or have the consent of a legal guardian to use or access this Website or App. The User warrants and represents that he or she is at least 18 years old or has the required consent.
1.2 By using this Website or App, the User agrees to be bound by the Terms applicable at the time.
1.3 These Terms regulate a User’s use of, and access to, this Website and App and contain certain provisions which:
(1) affect the User’s rights;
(2) exclude or limit the liability of HHH or a third party;
(3) impose liabilities on the User; and/or
(4) result in the User indemnifying HHH or a third party.
1.4 HHH is entitled to amend any part of these Terms at any time.
1.5 Any amendment to these Terms comes into effect on the date the amended Terms are published on this Website and App.
1.6 The User must periodically review these Terms for any amendments.
1.7 Please read these Terms carefully.
- 2. Use
2.1 A User must not:
(1) use this Website or App:
(a) in any way that harms the business or reputation of HHH or The Homestead;
(b) in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website or App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) to conduct any systematic or automated data collection activities.
(2) reproduce, duplicate, copy or otherwise exploit material on this Website or App for any purpose; or
(3) edit or otherwise modify any material on the Website or App.
- 3. Restricted Access
3.1 HHH may restrict access to certain parts of the Website and App.
3.2 If HHH provides the User with a user ID and password to access restricted parts of the Website and/or App, only the User may access the restricted parts and the User must keep the user ID and password confidential. The User is liable for all transactions done on a User’s profile.
3.3 HHH retains the right to disable a User’s ID and/or password without notice.
- 4. Intellectual Property Rights
4.1 HHH owns, or has a licence to use, all information and Intellectual Property on this Website and App.
4.2 Apart from viewing for personal use and downloading for caching purposes only a User does not acquire any rights to the information and Intellectual Property on this Website or App.
4.3 All content on this Website and App including text, graphics, logos, icons, images or any other data is the property of HHH. A User is prohibited from copying or using content for any purpose without the prior express written consent of HHH. A User may also not purport to act as a representative or agent of HHH, without the prior written agreement of HHH expressly authorising the User to do so.
- 5. Disclaimer
5.1 HHH uses reasonable efforts to ensure information on the Website and App is accurate and current. Despite this, HHH makes no warranties or representations about the information on the Website or App.
5.2 Information and opinions on the Website or App must not be regarded as professional advice.
5.3 HHH is not liable for any damages, loss or liability of whatsoever nature arising from the use or inability to use this Website or App or any information on the Website or App.
- 6. Links
6.1 The Website and App may contain links to other sites which are not controlled by HHH. The use of any link is done entirely at the User’s risk and HHH is not liable for any loss or damage as a result of the products, services, or information obtained through these other websites.
6.2 A User may not create a link to the Website or App without HHH’s express prior written consent.
- 7. Exclusion and limitation of liability
7.1 HHH is also not liable under any circumstances, to the User or any other person for loss of support or for indirect, incidental, special, punitive or consequential damages or losses regardless of the form or cause of action.
7.2 HHH, its directors, officers, employees, agents, representatives, subsidiaries, affiliates, controlling and holding companies are not liable (whether in contract or delict) in any way whatsoever for any claim, liability, cost, expense, loss, fine, damages, or damage to or loss of property of any nature however caused or arising that may be caused to or suffered by the User or any third party, arising out of or incidental to or in any way connected to the Website, the App, the use thereof, HHH, its connected entities, related service providers, The Homestead, these Terms or the Game Reserve.
7.3 Notwithstanding anything to the contrary in the Terms, and without any admission, if HHH becomes liable to the User or any other person, the total aggregate liability of HHH for any claim is limited to the amount in respect of which HHH is indemnified by its insurers in respect of that claim.
- 8. Indemnity
8.1 The User indemnifies HHH, its directors, officers, employees, agents, representatives, subsidiaries, affiliates, controlling and holding companies (Indemnified Parties), and undertakes to keep the Indemnified Parties harmless, against all claims, losses, liabilities, damages, fines, penalties and costs whatsoever which the Indemnified Parties may incur or suffer as a result of or in connection with the User’s use of the Website and/or App.
- 9. Cookies
- 11. Breach
11.1 If a User breaches any provision of these Terms, HHH is entitled to take any action HHH deems appropriate to deal with the breach, including:
(1) suspending a User’s access to the Website and App;
(2) prohibiting a User from accessing the Website and App;
(3) blocking computers using the User’s IP address from accessing the Website and App; and/or
(4) suing for damages.
- 12. Dispute Resolution
12.1 Any dispute arising from or in connection with these Terms or The Homestead will be finally resolved by arbitration.
12.2 The arbitrator will be a person agreed on between the Parties or failing agreement a person appointed at the request of a Party by the Arbitration Foundation of Southern Africa.
12.3 The arbitration will be conducted in accordance with the Rules of the Arbitration Foundation of Southern Africa for Commercial Arbitrations.
12.4 The place of the arbitration will be Durban.
12.5 The language to be used in the arbitration proceedings will be English.
12.6 Nothing in the Terms will prevent HHH from obtaining urgent relief in any court of competent jurisdiction.
- 13. General
13.1 These Terms contains the entire agreement between the Parties in regard to the use of the Website and App.
13.2 Any indulgence by HHH, or failure strictly to enforce any part of the Terms, will not be construed as a waiver or be capable of founding an estoppel.
13.3 HHH is entitled to to cede, delegate or assign its rights or obligations under the Terms without the prior written consent of the Guest. The Guest is not entitled to cede, delegate or assign his or her rights or obligations under the Terms.
13.4 Any illegal or unenforceable provision of the Terms may be severed and the remaining provisions of the Terms, as the case may be, continue in force.
- 14. Applicable Law
The use of this Website or the App and these Terms are governed by South African law.
- 15. Jurisdiction
The Parties unconditionally consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban in regard to all matters arising from the Terms.
- 16. Contact
Mailing Address: The Homestead
Nambiti Game Reserve
- 17. Interpretation
17.1 Any reference in these Terms to:
(1) a clause is, subject to any contrary indication, construed as a reference to a clause of these Terms; and
(2) person is construed as a reference to any natural or juristic person, firm, company, corporation, government, state, agency or organ of a state, association, trust or partnership (whether or not having separate legal personality).
17.2 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
17.3 The headings to a clause have been included for convenience only and do not govern the interpretation of these Terms.
17.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on a Party, effect shall be given to it as if it were a substantive provision in the body of these Terms.
17.5 Unless the context indicates otherwise a reference to any gender includes the other genders; a reference to a natural person includes a juristic person and a reference to the singular includes the plural, and vice versa.
17.6 The words including and in particular are without limitation.
17.7 Any reference to a document or instrument includes the document or instrument as ceded, delegated, novated, altered, supplemented or replaced from time to time.
17.8 A reference to a Party includes that Party’s successors-in-title and permitted assigns.
17.9 The rule of construction that an agreement shall be interpreted against the person responsible for its drafting or preparation shall not apply to the Terms.
The expiration or termination of the Terms shall not affect those provisions of the Terms that expressly provide that they will operate after such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that there is no express provision for this.
- 18. Definitions
18.1 In these Terms:
(1) App means The Homestead app;
(2) Game Reserve means the Nambiti Private Game Reserve east of Ladysmith in KwaZulu Natal, South Africa;
(3) HHH means Homestead Hospitality Holdings SA Proprietary Limited, registration number 2020/004475/07;
(4) Intellectual Property means collectively all present and future intellectual property rights including, and whether registered or not, trade secrets, designs, full and complete copyright, processes, techniques, technology and know-how;
(5) Parties means HHH and a User and Party means, as the context requires, any one of them;
(7) The Homestead means luxury holiday resort known as “The Homestead” owned by HHH situated in the Game Reserve;
(8) Terms means these terms regulating the use of the Website and App; and
(9) User means a person who uses or accesses the Website or App;
(10) Website means a collection of The Homestead’s web pages and related content, identified by the domain name of www.homesteadlodge.com , and published by HHH.