Terms & Conditions

Terms and conditions

 

 

Gummie.co.za provides; subject to the conditions contained below,  an user friendly platform to Clients for the perusing and/or purchasing of travel, tourism and leisure activities (the “activities”) marketed and/or advertised on this website : www.gummie.co.za (the “ website”) and to Third Party Service Providers to market and/or advertise the activities on the website(the “Gummie.co.za Services”). The services offered by Gummie.co.za include the Gummie.co.za Services, the website, the call centre, and any other feature, content or services offered or provided by Gummie.co.za. from time to time in connection with the Gummie.co.za Services and Website (collectively “the Services”). 

Gummie.co.za maintain this website as a service to our Clients and Third Party Service Providers, and by use hereof you agree to comply with and be bound to terms of use. If you do not agree with all the provisions, you should not use the website or purchase the Services.


YOU  MUST BE 18 YEARS OF AGE OR OLDER TO PURCHASE THE SERVICES ADVERTISED AND/OR MARKETED ON THE WEBSITE


1.     DEFINITIONS

1.1           “CLIENT” – means the person, organization or legal entity who; by accessing this website, peruses and/or buys and/or agrees to buy products and/or services from the Supplier and/or Third Party Vendor advertising or using this website as a marketing platform and includes but is not limited to prospective clients to whom quotes or proposals has been sent, participants in activities. If you are an individual acting on behalf of an organization or legal entity, you warrant and represent that you gave all the necessary rights and authority to conclude transactions for the Services on behalf of it. The words “Client” and  “you” shall interchangeably be used and have the same meaning.

1.2           “Gummie.co.za” – means Gummie Travel (PTY) Ltd trading as Gummie.co.za as well as any subsidiary, holding entity, associates, assigns or authorized agents.

1.3           “Third Party Service Provider” – means any third party using the www.Gummie.co.za website for the advertising and/or marketing of  the activities.

1.4           “Price” – means the amount as reflected on the website for the Services, and is inclusive of VAT if applicable unless specifically stated otherwise. The Price is subject to change without prior notice to you and will only be valid and binding once full payment has been effected. Whilst Gummie.co.za will endeavour that the correct Price is reflected on the website, it cannot guarantee same as it is dependent on Third Party Service Provider information and the Client agrees that Gummie.co.za cannot be held liable for any such error or omission.



2.     THE GUMMIE.CO.ZA SERVICES

2.1           SCOPE OF THE SERVICES

2.1.1        Gummie.co.za provides a platform to Clients to review and purchase the activities. Gummie.co.za merely facilitates activities’ bookings on behalf of Clients. As a result of the foregoing it cannot guarantee the suitability, availability or safety of any of the activities or be held liable for any claims arising in this regard. Gummie.co.za is not a registered tour-operator, travel agent or accommodation supplier but merely acts as a proactive, dynamic marketing partner for businesses in the activities. Clients irrevocably acknowledge and agree that Gummie.co.za cannot be held liable for any failure to or defect in performance by Third Party Service Providers.

2.1.2        It is the sole responsibility of the Third Party Service Provider; and not Gummie.co.za, to ensure that it complies with any statutory and regulatory guidelines with regards to the activities marketed and/or advertised on the website. It is furthermore the sole responsibility of the Client to ensure that it has the necessary skills and fitness abilities to participate in the activities and if required to inform their insurance companies and/or take out sufficient medical aid and/or in insurance coverage for participation in the activities.

2.1.3        The Gummie.co.za Services are aimed at making Gummie.co.za the brand of choice for booking of the activities in Southern Africa.

2.1.4        Client using the website, shall as per Third Party Service Provider settings either  purchase the activities through the Gummie.co.za in-house travel desk or via a link to the Third Party Service Provider’s website.

2.1.5        Activities shall only be deemed to be purchased and confirmed once the Client has effected full payment of the Price. The Client shall be bound to the Price as per the Gummie.co.za Form Price in the event of a discrepancy between the Price as per the link to the Third Party Service Provider’s website and the Gummie.co.za Form.

2.1.6        Unless specifically otherwise stated in the written quote, any written quotations provided by Gummie.co.za shall only be valid for acceptance and full payment of the Price for a period of 7 (seven) days from date of issue thereof.

 

2.2           FEES

2.2.1        Gummie.co.za, if applicable, charges the Client the administrative fee as set out in the Gummie.co.za Form. Please be aware that the Client will be liable for the data charges of its internet service provider, if applicable. Appropriate functioning internet access is required to navigate and use the website, the provision of which is the sole responsibility of the Client.


2.3           LIMITATION OF THE SERVICES

                The Client acknowledges that:

2.3.1        Gummie.co.za is not a registered tour operator, travel agent or accommodation supplier and that the activities may be subject to additional statutory surcharges and levies payable. The aforesaid amounts are to be paid as advised by Gummie.co.za;

2.3.2        The website may from time to time be unavailable due to routine maintenance or circumstances out of the control of Gummie.co.za;

2.3.3        Gummie.co.za does not monitor and review communications directly between the Client and the Third Party Service Provider and cannot be held liable for the content of such communications, nor do such communications reflect the views and/or opinions of Gummie.co.za;

2.3.4        Gummie.co.za will use its best endeavors to ensure a high level of Services; it does not guarantee any specific level;

2.5.5        In no event shall Gummie.co.za be liable to the Client or any third party for any loss of profit or any indirect, consequential , exemplary, incidental or other damages arising out of use of the Services,  other than as provided for under applicable legislation, including the Consumer Protection Act  68 of 2008 as amended.


2.3           CANCELLATION AND REFUND POLICY

2.3.1        Unless specifically otherwise stated, the following cancellation policy will apply to activities scheduled by Clients:

2.3.1.1     20% forfeiture of monies paid if cancelled more than two weeks prior to scheduled activity;

2.3.1.2     50% forfeiture of monies pad if cancelled more than 48 hours but less than two weeks prior to scheduled activity;

2.3.1.3     90% forfeiture of monies paid if cancelled more than 24 hours but less than 48 hours prior to scheduled activity;

2.3.1.4     100% forfeiture of monies paid if cancelled less than 24 hours prior to scheduled activity.

2.3.2        Gummie.co.za will however use its best endeavour to where practically possible assist Clients in rescheduling activities with the lowest cost implications.

2.3.3        No refunds or rescheduling will be allowed in respect of a “no show” for a scheduled activity.

2.3.4        Gummie.co.za shall where practically possible, assist Clients with rescheduling of any scheduled activity within a period of 12 (twelve) months from date of cancellation thereof by a Third Party Service Provider. In the event of inability to reschedule, the full amount paid less an administrative fee equal to 20% (twenty percent) of the amount paid shall be refunded to the Client within 15 (fifteen)  business days from Third Party Service Provider cancellation. Gummie.co.za reserves the right to in its sole discretion waive this administrative fee.



3.     YOUR ACCOUNT

In order to purchase or make enquiries with regards to the activities, you must provide certain minimum personal information (“Account”) through the website; which Account is the basis of providing you with the information and/or processing your purchase of the services.


3.1           ELIGIBILITY

By using the Services, you represent and warrant that:

3.1.1        all registration information you submit is truthful and accurate;

3.1.2        you will maintain the accuracy of such information; and

3.1.3        your use of the Services does not violate any applicable law or regulation or the terms hereof


3.2           TERM

3.2.1        These Terms and Conditions shall, unless otherwise stated to the contrary, remain valid and binding for the period the Client uses the Services.

3.2.2        Gummie.co.za may terminate the Client’s Account:

3.2.2.1     if the Client is in breach of these Terms & Conditions;

3.2.2.2     if Gummie.co.za decide in its sole discretion to stop providing the applicable Services; or

3.2.2.3     for any or no reason, without being required to give notice to the Client.

3.2.3        The Client understands that any termination of its Account may involve deletion of its Account information from Gummie.co.za’ databases and all the information stored for such Account.

3.2.4        Gummie.co.za will not have any liability whatsoever to the Client for any termination of its Account or related deletion of information. Gummie.co.za may; at its sole discretion, modify, suspend or discontinue the Services at any time and for any reason.


3.3           CLIENT DUTIES AND OBLIGATIONS

3.3.1        Clients are required to strictly adhere to any Third Party Service Provider policies and procedures with regards to any activities purchased. Any penalties or charges incurred in respect of non-compliance shall be for the sole account and responsibility of the Client.

3.3.2        It’s the Client’s duty to on receipt of booking confirmations, check and confirm that it reflects the correct information and to immediately notify Gummie.co.za in writing of any errors.



4      PROPRIETARY RIGHTS

4.1          GUMMIE.CO.ZA MATERIALS; OWNERSHIP AND RESTRICTIONS.

4.1.1        The Services, as well as intellectual property rights vested therein; including but not limited to the Gummie Services, the website and the services offered thereby, the software and computer programs used to render the Services, as well as the copyright of the afore going (collectively referred to as “the material”) vests in Gummie.co.za. All rights thereto remain strictly reserved.

4.1.2        Gummie.co.za grants the Client the limited right to the information and content provided on or through the Services only on its personal computing and telecommunication device for its personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media).

4.1.3        This limited right terminates automatically, without notice to you, if you breach these Terms and Conditions or upon termination or expiration of your Account.

4.1.4        The Client acknowledges that all the intellectual property rights in the Services are owned by Gummie.co.za; and the intellectual property rights in the advertisements are owned by the respective Third Party Service Providers or such Third Party Service Providers’ licensors.

4.1.5        Except as expressly set forth herein, the Client agrees not to:

4.1.5.1     reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services; or

4.1.5.2     rent, lease, loan, or sell access to the Services.

4.1.6        The Client acknowledges that, except as expressly provided herein, it has no right, title or interest in or to the Services. Contact ksenia@gummie.co.za for any other mode of sharing, copyright questions and/or permission requests. Any unauthorized reproduction or use of this material will constitute a copyright infringement and render the doer liable under both civil and criminal law.

4.2           FEEDBACK

Gummie.co.za may periodically request that Clients provide, and the Clients agree to provide to such feedback regarding the use, operation and functionality of the Services (“Feedback”). The Feedback will include, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems and user-desired features. The Client hereby assigns to Gummie.co.za all rights in the Feedback and agrees that Gummie.co.za will have the right to use the Feedback and related information in any manner it deems appropriate.



5.     ACCEPTABLE USE

The Client is solely responsible for any use of the Services through its Account and for its interactions with any of the Third Party Service Providers.


5.1           BREACH

Any use of the Services in violation of these Terms and Conditions may in the sole discretion of Gummie.co.za result in, among other things, immediate termination or suspension of the Client’s rights to use the Services

5.2           DISCLOSURE OF PERSONAL INFORMATION

5.2.1        Gummie.co.za will not disclose Client’s information to a person who is not in the employee of Gummie.co.za without the Client’s permission, unless compelled by law or in terms of a court order to do so, or it is in the public interest to do so, or it is necessary to protect Gummie’s rights and ensure the integrity and operation of its business and systems. The information Gummie’s access and disclose; if required or deemed necessary and appropriate, includes without limitation, Account information (i.e. name, e-mail address, etc.) and usage history.

5.2.2        Gummie.co.za will on its own initiative, or at the Client’s request, rectify or erase any in-complete, inaccurate or outdated personal information retained by it. The Client expressly agrees that Gummie.co.za may use the Client’s information and information regarding the Client’s use of the Services to create and further refine Account profiles to further enhance the performance of the Services. The Client furthermore agrees that Gummie.co.za may create aggregate information from the Client’s use of the Services by removing personally identifiable information, such as names, and to use and disclose such aggregate information in its discretion.

5.2.3       Gummie.co.za shall take all reasonable steps to protect the Client’s personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

5.2.4        Gummie.co.za may electronically collect, store and use the following personal information of Client’s:

5.2.4.1     name and surname;

5.2.4.2     birth date;

5.2.4.3     gender;

5.2.4.4     suburb name;

5.2.4.5     contact details, including email address and mobile numbers;

5.2.4.6     language;

5.2.5        Gummie.co.za collects stores and uses the above-mentioned information for the following purposes:

5.2.5.1     to greet the Client when contacting Gummie.co.za;

5.2.5.2     to compile non-personal statistical information about Clients;

5.2.5.3     subject to your consent, inform you about competitions and special offers from Gummie.co.za and/or its partners/affiliates

5.2.6       Gummie.co.za owns and retains all rights to non-personal statistical information collected and compiled by it.

5.2.7        When the Client creates an Account or send e-mails to Gummie.co.za , the Client consents to receiving communications from Gummie.co.za electronically and agree that all agreements, notices, disclosures and other communications sent by Gummie.co.za satisfies any legal requirements, including but not limited, to the requirement that such communication should be “in writing”.

5.2.8        ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT INFORMATION 

                NAME:                             GUMMIE TRAVEL (PTY) LTD

                REGISTRATION NUMBER:   2014 / 092299/07

                MEMBERS:                       Ksenia Mardina

                PHYSICAL ADDRESS:           Cape Town Garage, 66 Albert Road, Woodstock, Cape Town

                POSTAL ADDRESS:              Cape Town Garage, 66 Albert Road, Woodstock, Cape Town

                EMAIL ADDRESS:                concierge@gummie.co.za

                TELEPHONE NUMBER:        076 159 09 79

                MEMBERSHIP OF REGULATORY BODIES:       NONE


6.     DISCLAIMERS

6.1           The Services are solely provided as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, other than provided for under applicable legislation, including the Consumer Protection Act 68 of 2008.

6.2           Neither Gummie.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to this website or the Services or content provided from and through this website or the Services other than provided for under applicable legislation, including the Consumer Protection Act 68 of 2008. Furthermore Gummie.co.za make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website or the Services are free from errors or omissions. Clients are encouraged to report any possible malfunctions and errors to Gummie.co.za



7.             LIMITATION ON LIABILITY

In no event shall Gummie.co.za be liable to the Client or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, or any other damages arising from use of the Services, other than as specifically provided for under the applicable legislation, including the Consumer Protection Act 68 of 2008.



8.             GENERAL

8.1           These Terms and Conditions may at any time be modified by Gummie.co.za without prior notification to Clients. The changes will be accessible and appear on the website. The Client agrees that continued use after such an amendment shall constitute acceptance of the amended Terms and Conditions and will be held bound thereto.

8.3           No amendment, alteration, addition, variation or consensual cancellation of this document will be valid unless reduced to writing and signed by both Parties. For the purposes of this document the term “in writing” will include email exchanges between parties, subject to successful delivery report. Likewise the term “signed” will include an email by the receiving party accepting the terms of the content transmitted by the sending party.

8.4           No waiver of any of the terms or conditions of this document will be binding for any purpose unless expressed in writing and signed by the Party giving the same and any such waiver will be effective only in the specific instance and for the purpose given.

8.5           No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

8.6           In the event that any of the provisions of this document are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.

8.7           The Client hereby indemnifies and waives all claims against Gummie.co.za and its employees and agents from any and all claims, damages, cost and expenses (including attorney-own client costs) of every kind and nature, arising out of or in any way connected with any interaction or communication with any person or entity through your use of the Services and the products and services promoted in Third Party Service Provider advertisements and marketing material.

8.8           This document will be governed by the laws of the Republic of South Africa. The Client consents to the jurisdiction of the South African courts for any dispute that may arise out of it.



9.             PROMOTIONS AND COMPETITIONS

9.1           By registering an Account you acknowledge that Gummie.co.za may from time to time run promotions and competitions to reward Account holders, build brand loyalty and grow brand awareness. These competitions and promotions will be subject to the specific terms and conditions pertaining thereto.