| Africa
Adventure™ Membership - Terms and Conditions |
| Promotion
of Access to Information Act Section 51 Manual for Private Bodies |
| Africa Adventure™
Trademark registrations |
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| Africa
Adventure™ Membership - Terms and Conditions |
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| About Africa Adventure |
Africa Adventure™ is a Destination Marketing Organisation offering companies within the tourism industry of Southern Africa to promote their services to the traveller. Members using our services are subject to compliance with the terms and conditions set forth below.
Under the terms of this agreement, the placement of information on Africa Adventure™ internet sites or any other Africa Adventure™ publication is an acknowledgement that the member has read and understood this agreement, and that the member agrees to be bound by the terms and conditions below. If the member does not wish to be bound by these terms and conditions, the interested party should not proceed to join Africa Adventure™ as a member.
The membership to Africa Adventure Tourist Information cc entitles you to an advertisement on both our German and English websites as per chosen listing option. Updates are free of charge.
You understand that Africa Adventure™, as a Destination Marketing Organisation, reserves the right at its sole discretion to vary and change its business, advertising and promotions strategy in order to secure the most cost-effective exposure for its members. |
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| Use of Site |
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited.
Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. |
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| Disclaimer of Warranty |
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
Africa Adventure™, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents.
The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. No advice or information given by the Providers shall create a warranty.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect. |
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| Our Rights |
Africa Adventure™ reserves the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- refuse or discontinue service to anyone at Africa Adventure™ sole discretion. Africa Adventure™ may deny you access to all or part of the service without notice if you engage in any conduct or activities that Africa Adventure™ in its sole discretion believes violates any of the terms and conditions in this agreement. Africa Adventure™ shall have no responsibility to notify any third-party providers of services or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
- refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
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| Privacy Policy |
Africa Adventure™ is committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.
You understand that by placing information on Africa Adventure™ websites, that such information becomes available to all Internet users and that Africa Adventure™ has no way of limiting or restricting access to such information or protecting such information from copyright infringement. It is solely the member's responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information provided through Africa Adventure™.
You agree, to supply Africa Adventure™ with a current and truthful name, postal address and telephone number for our records, and the member has a continued obligation to keep this information current.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
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| Cookie/Tracking Technology |
The Site may use cookie and tracking technology depending on the features offered.
Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors.
Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. |
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| Third Party Links |
In an attempt to provide increased value to our Users, we may provide links to other websites or resources.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. |
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| Delivery Policy |
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions.
You must not make any purchase through this site unless you understand and agree all our terms and conditions.
Once payment is made for the membership fee, it is deemed that you have read and understood the terms and conditions for such purchase and a membership certificate and a (Tax) Invoice is posted to you. Your lisiting on Africa Adventure's website will appear within 2 weeks, provided you supplied all needed materials for it.
If you have any queries please contact us before making any purchase for any service through this website. |
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| Cancellation / Refunds Policy |
The subscription with Africa Adventure™ is valid for 12 months and will be automatically renewed for another 12 months until cancelled by you in writing, four weeks prior the renewal date.
The yearly membership fee is payable in full in advance or monthly via Debit Order / Credit Card Order and membership fees are subject to a maximum increase of 10% per year.
Any Debit Order / Credit Card arrangements can be cancelled with giving 30 days written notice. However, the membership agreement stays in force for a full 12 month period and any outstanding membership fees are payable immediately.
You understand that the you shall not be authorised to any refund of amounts, which Africa Adventure™ may have withdrawn while the debit order / credit card order authority was in force if such amounts are legally owed to Africa Adventure™ |
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| Payment Options |
| All transactions will be processed in South African Rands (ZAR). We accept debit order (South Africa and Namibia only) and credit card payments via the website and on request will supply our banking details should you wish to make payment via EFT or Direct Deposit. |
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| Security Policy |
Debit Order
- Africa Adventure™ recieves all debit order requests and submits these in batch files to BDB Data Bureau.
- BDB Data Bureau draws against your account, and each withdrawal will be reflected on your Bank statement and identified by a code “BDB - Africa Adventure”.
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Credit Card
- Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte , ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- Africa Adventure™ does not have access to your credit card details.
- Virtual Card Services continually reviews and enhances its security in line with technological changes.
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| Monitoring |
You agree that Africa Adventure™ has the right, but not the obligation, to monitor any activity and content associated with the Website.
We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website) and to disclose any information as necessary to satisfy the law, or to protect ourself or our subscribers. |
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| Law |
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa. Both parties consent to the exclusive jurisdiction of the Magistrates Court Knysna and the High Court of South Africa in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. |
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| Contact |
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| Promotion
of Access to Information Act Section 51 Manual for Private Bodies |
PAIA Manual
for:
Africa
Adventure Tourist Information CC
Contents
1.
Introduction
2.
Contact and Information Officer Details
3.
Section 10 Guide to how to use the Act
4.
Records available in terms of any other legislation
5.
Access to the records held by the Entity
....i
Information & records available without request
....ii
Records that may be requested
6.
Request Procedures & Fees
....i.
Form of request
....ii.
Fees
7.
Other information as may be prescribed
8.
Availability of the manual
1. Introduction back
to contents
Africa Adventure
Tourist Information CC is a Close Corporation (hereafter called the CC).
The Managing Member is Ms Enya A Fehler (hereafter called the Manager).
We are a franchised
tourism advertising operation promoting tourism in Southern Africa using
various media such as brochures, internet, publications, etc. and offering
marketing opportunities of our services to franchisees.
Our Services
include: advertising of all information relevant to tourism in Southern
Africa and assisting with bookings for clients wishing to travel to destinations
in Southern Africa.
CC Registration
Number: 1999/35328/23
Income Tax
Registration No.: 9421/008/07/0
Vat Registration
No.: 4450182367
Bankers:
Standard Bank of South Africa Ltd
2. Contact
& Information Officer Details back to contents
Contact Information
for Africa Adventure Tourist Information cc
Postal Address
: P O Box 2455, Plettenberg Bay, 6600
Physical Address
: 113 Robberg Road, Plettenberg Bay, 6600
Phone :
044 -533 52 11
Fax :
044 - 533 52 12
Website:
http://www.africa-adventure.org and
http://members.africa-adventure.org
Electronic
mail address : info@africa-adventure.org
Information
Officer
The information
officer of Africa Adventure Tourist Information is Ms Enya A Fehler
and she may be contacted as indicated above.
3. The
Section 10 Guide on how to use the Act back to
contents
The guide on
how to use the act will be available from the South African Human Rights
Commission by August 2003.
Please direct
any queries to :
The South African
Human Rights Commission
PAIA Unit
The Research
and Documentation Department
Postal address
: Private Bag 2700
Houghton
2041
Telephone
: +27 11 484-8300
Fax :
+27 11 484 0582
Website :
http://www.sahrc.org.za
E-mail :
PAIA@sahrc.org.za
4. Records
available in terms of any other legislation back
to contents
The following
records are available in terms of the relevant legislation pertaining to
the business of the entity:
-
Basic Conditions
of Employment Act 75 of 1997
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Close Corporation
Act No 69 of 1984
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Labour Relations
Act No 66 of 1995
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Occupational Health
and Safety Act No 85 of 1993
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Promotion of Access
to Information Act No 2 of 2000
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Regional Services
Act No 109 of 1985
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Skills Development
Act No 97 of 1998
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Skills Development
Levies Act No 9 of 1999
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Trade Marks Act
No 194 of 1993
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Unemployment Insurance
Act No 63 of 2001
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Unemployment Insurance
Contributions Act No 4 of 2002
5.
Access to the records held by the Entity back to
contents
i. Information
available without request
Africa
Adventure – Travel Directory – R50.00
Website http://www.africa-adventure.co.za
Website http://members.africa-adventure.org
ii Records
held which must be requested
Financial
documents and records
Regional Services
Council records
VAT records
PAYE records
UIF records
Invoices
Monthly statements
Credit notes
Bank accounts
– Standard Bank of South Africa
Cash records
Annual Financial
Statements
Operational
documents and records
Promotional
material
Registered
designs, patents and trademarks records
Product manuals
Work instruction
manuals
Customer database
Contracts
Leases
Correspondence
with customers
Sales records
Customer Complaint
records
Quotations
Personal
documents and records
Employment
contracts
Salary records
Leave records
records relating
to increases
Disciplinary
records
Training records
Company policies
SETA records
Attendance
registers
Provident
Fund/Pension Fund
Unemployment
Insurance
Medical Aid
Workman's
Compensation records
Records of
deductions
Information
technology records
Licences
Software programs
Software applications
Computer generated
databases
6.
The Request Procedures & Fees back to
contents
i. Form
of request
The
requester must use the prescribed form to make the request for access to
a record. This must be made to the head of the entity. This
request must be made to the address, fax number or electronic mail address
of the body concerned. (Section 53(1)).
The requester
must provide sufficient detail on the request form to enable the head of
the entity to identify the record and the requester. The requester
should also indicate which form of access is required. The requester
should also indicate if any other manner is to be used to inform the requester
and state the necessary particulars to be so informed. (Section 53 (2)(a)
and (b) and (c)).
If a request
is made on behalf of another person, the requester must then submit proof
of the capacity in which the requester is making the request to the satisfaction
of the head of the entity. (Section 53(2)(f)).
ii.
Fees
A
requester who seeks access to a record containing personal information
about that requester is not required to pay the request fee. Every
other requester, who is not a personal requester, must pay the required
request fee.
The head of
the entity must notify the requester (other than a personal requester)
by notice, requiring the requester to pay the prescribed fee (if any) before
further processing the request (Section 54(1)).
The fee that
the requester must pay to the entity is R50. The requester may lodge
an application to the court against the tender or payment of the request
fee (Section 54(3)(b)).
After the head
of the entity has made a decision on the request, the requester must be
notified in the required form.
If the request
is granted then a further access fee must be paid for the search, reproduction,
preparation and for any time that has exceeded the prescribed hours to
search and prepare the record for disclosure. (Section 54(6)).
The SAHRC’s
website (www.sahrc.org.za)
or the Department of Justice and Constitutional Development (www.doj.gov.za)
(under “regulations”) contain the forms to furnish a request and the fee
structure.
7.
Other information may be prescribed back
to contents
The Minister
of Justice and the Constitutional Development has not made any regulations
in this regard.
8.
Availability of the Manual back to contents
The manual
is available for inspection at the following locations:
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| Africa
Adventure™ Trademark registrations |
| Registered Trademarks:
African Adventures (07/1995)
Class 39 Registration No.: 95/0729
Class 42 Registration No.: 95/07293 |
| Trademark applications:
Africa Adventures Globe Device
application was made on 15 November 2000 through our Attorneys Dr. Gerntholz,
Cape Town.
Application number for class 35
is 2000/22992
Application number for class 39
is 2000/22991
Other trademark applications have
been filed through our trademark attorneys Dr Gerntholz and Cliffe Dekker
both in Cape Town.
Africa Adventure (06/2002
& 01/2003)
Class 35 Application No.: 2002/06092
Class 39 Application No.: 2002/06093
Class 16 Application No.: 2003/00763
Africa Adventure i Café
(10/2002)
Class 35 Application No.: 2002/16635
Class 39 Application No.: 2002/16636
Class 43 Application No.: 2002/18392
Africa Adventure Travel
(11/2002)
Class 39 Application No.: 2002/18393
Africa Adventure – the greatest
you can do (11/2002)
class 39 Application No.: 2002/18391 |
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