1.1. This website can be accessed at http://www.avodahinhavilah.co.za and/or any of its subdomains (“website”) and is made available by Avodah In Havilah (Pty) Ltd , a company in the Republic of South Africa and having its registered address at Portion 14, Paardefontein, Pretoria, Gauteng, 0035 (“Avben”, “we”, “us” and “our”).
1.2. These Terms and Conditions (“T&Cs”) govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
1.3. These terms and conditions are binding and enforceable against every person (“you”; “your” or “user”) that accesses or uses this website. By using the website you acknowledge that you have read and agree to be bound by these T&Cs.
1.4. The website enables you to make guest houses (“booking” or “book”) or supplies you with information on how to book via e-mail, fax, sms, telephone, representatives, post or courier.
2.1. These T&Cs contained provisions that appear in similar text and style to this clause and which –
2.1.1. may create risk or liability for the user; and/or
2.1.2. may limit the risk or liability of Avben or a third party; and/or
2.1.3. may compel the user to indemnify Avben or a third party; and/or
2.1.4. serves as an acknowledgement, by the user, of a fact.
2.2. These T&Cs are paramount and should be carefully noted.
2.3. If there is any provision in these T&Cs that you do not understand, it is your responsibility to inquire Avben to explain it to you before you accept the T&Cs or continue using the website.
2.4. Nothing in these T&Cs must be understood or is intended to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Avben in terms of the Consumer Protection Act.
2.5. Avben permits the use of this website subject to the T&Cs. By using this website in any way, you shall be deemed to have accepted all the T&Cs unconditionally. You must not use this website if you do not agree to the T&Cs.
3. Use of website
3.1. By using the website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these T&Cs and to be liable and responsible for you and all your obligations under these T&Cs.
3.2. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorised Avben representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.3. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.4. You must not use this website 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.
3.5. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Avben express written consent.
3.6. You must not use this website to transmit or send unsolicited commercial communications.
3.7. You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.8. You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorised Avben representative.
4. Ownership and copyright
4.1. The contents of the website, including any material, information, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (“website content“) are protected by law, including but not limited to copyright and trademark law. The website content is the property of Avben, its advertisers and/or sponsors and/or is licensed to Avben.
4.2. You will not acquire any right, title or interest in or to the website or the website content.
4.3. Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in terms of these T&Cs or otherwise provided for in law. To obtain permissions for the commercial use of any website Content contact our Manager at +27 81 445 5463 or e-mail email@example.com.
4.4. Where any of the website Content has been licensed to Avben 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 comply with such third party terms and conditions.
4.5. The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
4.6. Whilst Avben takes reasonable measures to ensure that the content of the website is accurate and complete, Avben makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website.
4.7. Avben disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein unless otherwise provided by law.
4.8. All information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, appropriateness for a particular purpose, completeness, or non-infringement, as may be allowed by the law.
4.9. Any views or statements made or expressed on the website are not necessarily the views of Avben, its directors, employees, agents and/or authorised representatives.
4.10. In addition to the disclaimers contained elsewhere in these T&Cs, Avben also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Avben, its employees, agents or authorised representatives. Avben thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the website.
5. User content
5.1. In these T&Cs, “your user content” means material (including any material without limitation the contents of the website, information, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks material) that you submit to this website, for whatever purpose.
5.2. You grant to Avben a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Avben the right to sub-license these rights, and the right to bring an action for infringement of these rights.
5.3. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Avben or a third party (in each case under any applicable law).
5.4. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5.5. Avben reserves the right to edit or remove any material submitted to this website, or stored on Avben servers, or hosted or published upon this website.
5.6. Notwithstanding Avben rights under these T&Cs in relation to user content, Avben does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
6. Linked third party websites
6.1. This website may contain links or references to other websites (“third party websites“) outside of our control, including those of advertisers. These T&Cs do not apply to those third party websites and Avben is not responsible for the practices and/or privacy policies of those third party websites or the “cookies” that those sites may use.
6.2. Despite the fact that the website may refer to or provide links to third party websites, your use of such third party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites and/or your reliance on any information contained thereon.
7. Availability and termination
7.1. We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserve the right to discontinue providing the website or any part thereof with or without notice to you.
7.2. Avben may in its sole discretion terminate, suspend and modify this website, with or without notice to you. You agree that Avben will not be liable to you in the event that it chooses to suspend, modify or terminate this website other than for processing any orders made by you prior to such time and to the extent possible.
7.3. If you fail to comply with your obligations under these T&Cs, including any incident involving payment of the price of a booking, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the website without any prejudice to any claims for damages or otherwise that we may have against you.
8. Limitation of liability
8.1. Avben cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, should where such liability arises from the gross negligence or wilful misconduct of Avben, its employees, agents or authorised representatives. Please contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org or by contacting +27 81 445 5463.
8.2. Avben shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
8.3. you hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
9. Changes to these Terms and Conditions
9.1. Avben may, in its sole discretion, change the T&Cs or any part thereof at any time and notice of such change in the T&Cs will be provided to you, either via email and/will be displayed on the website. Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such updated or amended T&Cs have been displayed on the website, you will be deemed to have accepted such updates or amendments.