TERMS OF USE

THE TERMS AND CONDITIONS OF USE OF OUR WEBSITE

  1. Introduction

 

  • These Terms and Conditions govern your use of SPC’s (SOUL Private Collection) website

 

  • By accessing and using the website you agree to be bound by the Terms and Conditions set out in this document.

 

  • If you do not wish to be bound by these Terms and Conditions, you must not access the website.

 

  1. Consumer Protection Act Notice
IMPORTANT CONSUMER PROTECTION ACT NOTICE TO USERS

THESE TERMS AND CONDITIONS HAVE BEEN DRAFTED IN ACCORDANCE WITH THE CONSUMER PROTECTION ACT, ACT 68 OF 2008.

NOTE that provisions of these terms and conditions which may: impose or hold risk or liability for you; or may require you to indemnify any person; or which may constitute a risk of an atypical nature; or which could lead to injury or death have been highlighted to you and identified through use of BOLD letters.

TAKE CLEAR NOTE of these provisions and ensure that you understand and comprehend their full content, meaning and effect before continuing to access the SPC website as by so accessing the website you agree to be bound by these terms and conditions.

TAKE FURTHER NOTE that although these provisions have been highlighted for your attention, the remaining provisions of this agreement must also be read and understood and any provision which is not clear, understandable or the content, meaning and effect of which is not understood by you, should be clarified before accessing or using the website.

  1. Definitions & Interpretation

3.1       In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context the following words and expressions shall have the meanings set out apposite:

    • Terms and Conditions” means these Terms and Conditions contained in this document, including any amendments, updates or variations to same as made from time to time and posted on the website, as well as the Privacy Policy as dealt with in Clause 8 below;

3.1.2     “user” / “you” means without limitation, you and/or any person who accesses, browses or otherwise engages with the website:

 

3.1.3     “SPC” / “we” means Intosol RSA (Pty) Ltd trading as The Soul Private Collection, a private company duly registered as such in accordance with the Companies laws of the Republic of South Africa, having registration number 2014/041389/07 and having its registered address of business at Unit 2, Santa Maria, 1 Ferguson Street, Bloubergstrand, Western Cape, 7441, and includes its parent company, affiliates and/or subsidiaries;

 

3.1.4     “website” means SPC’s website at www.soulprivatecollection.com, and includes all SPC’s affiliated websites at:

 

3.1.4.1

and includes any mobile application(s) in respect of the aforegoing;

 

3.1.5     “Personal Information” means the personal information of any user as dealt with in more detail in the Privacy Policy;

 

3.1.6     the partiesmeans SPC and the User and reference to a “party” shall mean either of the parties as the context so indicates.

 

3.2          These Terms and Conditions shall be interpreted according to the following provisions, unless the context requires otherwise:

 

3.2.1         Words importing the singular number shall include the plural and vice versa, and words importing either gender or the neuter shall include both genders and the neuter;

 

3.2.2         If any provision in a definition contains a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to such provision as if it was a substantive provision in the body of these Terms and Conditions;

 

3.2.3         References to the provisions of any Law shall include such provisions as amended, re-enacted or consolidated from time to time in so far as such amendment, re-enactment or consolidation applies or is capable of applying to any transaction entered into under these Terms and Conditions;

 

3.2.4         General words preceded or followed by words such as “other” or “including” or “particularly” shall not be given a restrictive meaning because they are preceded or followed by particular examples intended to fall within the meaning of the general words; and

 

3.2.5         No provision or word used in these Terms and Conditions shall be interpreted to the disadvantage of either Party because that Party was responsible for or participated in the preparation or drafting of these Terms and Conditions or any part of it.

 

  1. Amendments to Terms and Conditions

 

  • SPC reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.

 

  • Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates.

 

  • Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

  1. Terms and Conditions

 

  • All rights in and to the content, which includes but is not limited to the text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, of the website is strictly reserved in favour of SPC or any other third-party owner of such rights.

 

  • Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property right in or to the content.

 

  • You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, material on this website.

 

  • You may not use the website for offensive, defamatory, incorrect or untrue disclosure to any persons.

 

  • All trademarks, logos and icons may not be used without the prior written consent of SPC.

 

  • We reserve the right to change or discontinue the content and/or services available from website without prior notice.

 

  • SPC may suspend or terminate the website, or any User’s use of the website, at any time without prior notice.

 

  • You shall not decompile and/or reverse engineer the source code of the website.

 

  • These website Terms and Conditions shall apply in respect of all persons accessing this website, or otherwise providing SPC with Personal Information, including minors.

 

  • If you are a minor (under 18 years of age), you may use this website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website by accessing same, you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to supervise all usage by minors of this website under your name or account.

 

  • You are responsible for maintaining the confidentiality and security of your name and password for access to the website and you accept full liability for all activities that occur on or related to the website under your name.

 

  • You may not impersonate another user accessing the website, nor provide false information to gain access to the website.

 

  • Without limiting the generality of the aforegoing, the website could include technical, typographical or other inaccuracies and you are obligated to engage SPC and/or your own professional advisors to confirm all information contained on the website prior to placing reliance thereon.

 

  1. Payments

 

  • You agree to be financially responsible for any financial transactions made by you on this website (as well as for use of your account by others, including without limitation, minors).

 

  • You agree that the reservation facilities of this website shall be used only to make legitimate reservations.

 

  • You understand that overuse or abuse of the reservation facilities of this website may result in you being denied access to such facilities, at the sole discretion of SPC.

 

  • For any reservations or other services for which fees may be charged, you agree to abide by these Terms and Conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges, as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website.

 

  • All costs associated with your stay as well as the booking procedure and cancellation policy in respect of SPC are accessible via the website or telephonically.

 

  • Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and cancellation or withdrawal by you prior to placing the final order.

 

  • By effecting payment via our website, the transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act, (“ECTA”), Act 25 of 2002 and that a binding agreement has been concluded between SPC and you authorising us to deduct or to debit the credit card for payments for services rendered to you. Your hand signature shall not be required for authorisation purposes.

 

  • In terms of Section 42(2)(j) of ECTA, you acknowledge and agree that Section 44 of ECTA will not apply to transactions concluded via the website .

 

  1. Promotions and Campaigns

 

  • SPC may from time to time use the website to promote and offer the opportunity to participate in promotions and campaigns.

 

  • All promotions and campaigns will be governed by their own terms and conditions.

 

  • During the running of any such campaign or promotion SPC may transfer personal information to a third party, being a sponsor or partner.

 

  • All details of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.

 

  • Some of these promotions or campaigns may have the ability to send the offer to a friend with your comment. Should you choose this offer, we reserve the right to collect your friend(s) information

 

  1. Privacy Policy

 

  • SPC receives various types of information from you when you access the website, either through the reservations process or otherwise.

 

  • SPC has a comprehensive and detailed Privacy Policy which is available on the website and which forms an integral part of these Terms and Conditions.

 

  • By using the website, you acknowledge that you have read, understood and agreed to be bound by the provisions of the Privacy Policy.

 

 

 

 

 

 

  1. Limitation of Liability, Indemnity and Waiver

 

  • All reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on the website, but there may be instances where such information proves inaccurate or incomplete.

 

  • As such you agree that before making any decision or taking any action which might affect you or your business you should consult SPC and/or your own professional advisors and/or otherwise take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this website.

 

  • Due to the nature of the internet you agree that SPC is unable to guarantee that any products and services or any website accessible by the website are virus or error free. It is your responsibility to ensure that you utilise appropriate security measures and programmes and that you check all e-mails, attachments and files before downloading them.

 

  • Pursuant the aforegoing you indemnify and shall keep SPC indemnified at all times against any direct and consequential losses sustained by you due to any loss of or damage to property, claim for or in respect of the death or personal injury, or any other claim, action, charge, cost, demand or expense, including without limitation all legal fees and costs arising as a result of any of any breach of these Terms and Conditions, or non-compliance by you with, or contravention of the provisions of any law or any directive or rule advised of by SPC or conditions of SPC.

 

  • You agree you shall have no claim of any nature against SPC and any holding company, supplier, employee, director, partner, affiliate and agent, and any third-party owner of rights or products by reason of any loss, damage or injury, any direct or indirect special, consequential or other damage of any kind whatsoever, you may suffer by reason of any cause or action related to the use of, or the inability to access or use the content of the website or any functionality thereof, or of any linked website, or any third-party content accessible via the website, or any breach of any provision of these Terms and Conditions.

 

  • You are obligated to report any instances of untrue, inaccurate, defamatory, unlawful or harmful information found on or related to the website to SPC at your first instance of any such information coming to your attention.

 

  • SPC is not liable for costs incurred by you to obtain professional and/or any other advice relating to these Terms and Conditions and/or your use of the website.

 

 

 

 

  1. Intellectual Property

 

  • Only with prior written permission from SPC may any third-party website link to the website, provided that the link is pointed directly and only to the homepage of SPC at soulprivatecollection.com.

 

  • The link may not portray SPC, its affiliates, or their products or services in a false, misleading, derogatory, or offensive manner.

 

  • You may not use SPC’s logo or any other proprietary graphic or trademark as part of the link without the express written permission of SPC.

 

  • SPC reserves the right at any time and without prior notice to retract its consent contemplated in 10.1 above and to suspend and/or remove any third-party website link to the website.

 

  1. Governing Law

 

  • The website is controlled, operated and administered by SPC from its registered offices recorded above, within the Republic of South Africa.

 

  • SPC makes no representation that the content of the website is appropriate or available for use in certain locations or countries.

 

  • Access to the website from territories or countries where the content is illegal is prohibited.

 

  • You may not use this website in violation of any law and regulations (South African or otherwise).

 

  • If you access this website from locations outside of South Africa, you are responsible for compliance with all local laws.

 

  • These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in the event of any dispute in relation to these Terms and Conditions.

 

  1. General

 

  • No provision of these Terms and Conditions may be amended, substituted or otherwise varied, and no provision may be added to or incorporated in these Terms and Conditions, except by SPC’s posting of any update or amendment to these Terms and Conditions on the website from time to time or otherwise by an agreement in writing signed by both Parties.

 

  • Any relaxation, indulgence or delay (collectively referred to as “Indulgence”) by either Party in exercising, or any failure by either Party to exercise, any right under these Terms and Conditions shall not be construed as a waiver of that right and shall not affect the ability of that Party subsequently to exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right (whether against that Party or any other person).

 

  • These Terms and Conditions supersede any and all prior agreements, representations, communications, negotiations and understandings between the Parties concerning the subject matter of these Terms and Conditions.

 

  • The rights and obligations of the Parties in terms of these Terms and Conditions shall be personal and incapable of being ceded, assigned or delegated by either of them to any other person save with the written consent of the other Party.

 

  • Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner which makes it effective and valid under applicable Law, but if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under applicable Law, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, all of which shall remain in full force.

 

  • In the event of either party having to instruct any attorney to enforce any of its rights in terms of these Terms and Conditions, the successful party in such circumstance shall be entitled to recover from the other party its full attorney and own client legal costs, including tracing fees and/or the costs of counsel.

 

  • SPC offers you the ability to file any complaints in relation to these Terms and Conditions and/or your use of the website via the “Contact” page. Currently SPC does not subscribe to any alternative dispute resolution code or mechanism.

 

  1. Last update of these Terms and Conditions

 

  • These Terms and Conditions were last updated and posted to the website on 24/10/18.