This agreement is written in English. To the extent any translated version of this agreement conflicts with the English version, the English version will take preference.
Please review the terms and conditions of this site carefully.
Your use of this site indicates your acceptance of these Terms and Conditions and your agreement to follow and be bound by them. Do not use this site if you do not agree to be bound by these terms.
Date of Last Revision:
- Corporate Wildman shall take all reasonable steps to protect the personal information of users. For the purposes of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569.
- Corporate Wildman does not sell or rent personal information about individual members, such as name, address, e-mail address, telephone or fax number.
- Corporate Wildman may disclose personal in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
- Corporate Wildman may electronically collect, store and use the following of your personal information:
- Name and surname;
- Birth date;
- Country of residence;
- Non-personal browsing habits and click patterns;
- E-mail address;
- Mobile number (if provided by you);
- ID number / passport number.
- Subject to your consent, to inform you of facts relating to your access and use of the website;
- Subject to your consent, to inform you about competitions and special offers from Corporate Wildman and/or its partners/affiliates;
- To compile non-statistical information about browsing habits, click-patterns and access to the website;
- To verify your identity when transacting with Corporate Wildman;
- To facilitate communication between you and any Advertised Supplier from whom you have made purchases
2. Company Information
- This website is run by _Mistipix CC, based in South Africa trading as Corporate Wildman and with registration number _2011/013215/23_ and member James Williams.
- Corporate Wildman is a business in the _eco tourism_ industry that markets _lodges and wilderness destinations.
3. Intellectual Property
- Corporate Wildman retains all copyright in all material, including logos and other graphics, which form part of the site. All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of Corporate Wildman.
- Corporate Wildman grants you permission to view, electronically copy or print in hard copy any portions of the site for the sole purpose of browsing the site and placing an order with Corporate Wildman, for your personal use only.
- Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of Corporate Wildman and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Corporate Wildman and/or copyright owner.
- Insofar as rights pertaining to photographs published on the website regarding the Corporate Wildman Challenge, please see the terms and conditions applicable to the Corporate Wildman Challenge available here.
- “Corporate Wildman” and the Corporate Wildman logo and all other marks, logos and trade names appearing on this site are trademarks of Corporate Wildman in the Republic of South Africa and in certain other countries. WILL THIS COVER OTHER COUNTRIES TO COME LATER?
- Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this site without the express prior written consent of Corporate Wildman.
- Your use of any of the trademarks displayed on the site or in any of its contents, is strictly prohibited. You may not copy, produce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this site.
- You further undertake not to infringe any right of Corporate Wildman or their licensees in respect of such trademark.
- All rights not expressly granted are reserved.
5. Protecting Other People’s Rights
- You will not post content or take any action on the Corporate Wildman website that infringes or violates someone else’s rights or otherwise violates the law.
- Corporate Wildman may remove any content or information posted on the Corporate Wildman website if it violates these Terms and Conditions.
6. ONLINE PRODUCTS SITE TERMS
- Corporate Wildman has made every effort to display as accurately as possible the colours of the products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
6.2 Security Policy
- Credit card transactions will be acquired for Corporate Wildman via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Corporate Wildman will endeavour to ensure that your personal information and/or credit card details are protected as they travel over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore Corporate Wildman cannot secure the absolute security of any information you transmit to it, or which Corporate Wildman transmits to you.
- Your details will be stored by Corporate Wildman separately from card details which are entered by you, the purchaser, on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
6.3 Advertising and Hyperlinks
- External hyperlinks may be provided on the Corporate Wildman website provided that there is prior written consent by Corporate Wildman. You shall not interpret such hyperlinking as constituting any relationship between Corporate Wildman and any linked third party or any endorsement by Corporate Wildman of such third party and use of or reliance on any external links provided is at your own risk.
6.4 Price for Advertising and Listing
- The price for the requested advertising space or listing shall be the price quoted in the Pricing Tablet and reflected on the Order Form submitted.
- The Pricing Tablet can be obtained upon the request thereof.
- No variation from the prices quoted in the Pricing Tablet will be accepted.
6.5 Duration of Advertisement or Listing
- The duration of the advertisement or listing on the website will be the duration requested as per the quote in terms of the Pricing Tablet.
- The duration is to be reflected in the Order Form submitted.
6.6 Content of Advert or Listing
- The content of the advertisement or listing shall be supplied by the advertiser and shall not be offensive or unlawful in any way.
- Advertisements are subject to the approval of Corporate Wildman.
- The content for a Silver or Gold Listing shall be created by Corporate Wildman and shall be a fair reflection of the review conducted by Corporate Wildman of the advertised destination.
6.7 Positioning of Advertisements and Listings
6.7.1 Advertisements shall appear in the following positions:
- 1. on the homepage of the website aside the main picture; and
- 2. as a banner advertisement at the foot of each internal page.
- Listings shall appear alphabetically on the pages “Lodges & Destinations”, “Wildman Activities”, and “Wildman Challenges”.
6.8 Warranties relating to Advertisements and Listings
- Corporate Wildman does not guarantee that the website will be constantly live and impervious to Internet site interruptions.
- Corporate Wildman gives no warranty that business will increase in volume or value as a result of advertising or listing on the website.
6.9 Special Provisions Applicable to Advertisers
- If Corporate Wildman accepts your order, we will deliver your adverts as inventory becomes available.
- Corporate Wildman shall be authorised to debit the aggregate amount payable for the products ordered against the authorised Payment Card supplied by you when completing your order. Corporate Wildman shall be entitled to debit your Payment Card on acceptance of your order and prior to delivery.
- By submitting your order, Identity Number and Payment Card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the Payment Card, and that there are sufficient funds available to pay for the order.
- Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Corporate Wildman account, the details of which will be provided on request.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is the South African Rand (ZAR).
6.11 Stock Availability
- Corporate Wildman cannot always guarantee availability of stock.
- If Corporate Wildman is unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
6.12 Delivery Policy
- Corporate Wildman delivers from Monday to Friday, 08.00 – 16.30.
- Corporate Wildman does not deliver on Sundays and public holidays.
- Subject to availability and receipt of payment, requests will be processed within __7___ days and delivery confirmed by way of an email provided the requested goods have been purchased for in full.
- On delivery of the order to the specified delivery address, you will receive a Corporate Wildman delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees and the amount to be, or which has been, debited from your Payment Card.
- For verification purposes, the person accepting the delivery at the delivery address may be required to produce a form of identification.
- Any person other than yourself who receives the ordered goods at the delivery address is conclusively presumed to be authorised to accept delivery on your behalf
- Should no-one be in attendance at the time of delivery, the driver will retain the ordered goods and a notice will be left at the delivery address to this effect. Corporate Wildman’s representative will attempt to contact you to make new arrangements for delivery or collection.
- Corporate Wildman reserves the right to charge an additional delivery fee should it be required to make a further delivery or collection if no-one is at the delivery address to receive the ordered goods.
- You are required to ensure that you or an authorised person shall be in attendance at the delivery address and that appropriate access will be made available.
- On delivery, the person accepting delivery shall be required to sign and print his-her name as against a duplicate copy of the delivery note, to confirm receipt of the delivery.
6.13 Delivery Charges
The delivery charges will be structured as such:
6.14 Returns and Refund Policy
- Refunds generally, for purchases from both Corporate Wildman and Advertised Suppliers:
18.104.22.168 COOLING OFF PERIOD:
Save for certain exceptional cases (as listed below), Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by Corporate Wildman or the Advertised Supplier, as the case may be, for the return of the goods.
Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid ‘cooling-off right’. The exceptions include the following products in respect of which NO cooling off period shall apply:
- Books, magazines, newspapers and periodicals;
- Audio or video recordings or computer software which have been opened/un-sealed;
- Foodstuffs, beverages or other goods intended for everyday consumption and delivered to a purchaser’s home, residence or workplace; and
- Products which by reason of their nature cannot be returned or are likely to deteriorate or expire rapidly.
You will only be entitled to a refund in respect of the exceptions listed above, in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
1. LATE DELIVERY
If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the ordered goods, the ECT Act entitles you to cancel such sale on 7 days notice in writing to the seller of such product (i.e. either Corporate Wildman or the relevant Advertised Supplier, as the case may be).
Should a product purchased be unavailable, the seller thereof (i.e. Corporate Wildman or an Advertised Supplier, as the case may be) must notify you in writing and issue a full refund within 30 days after such notice.
6.14.2 Refunds on purchases from Corporate Wildman:
1. EARLY CANCELLATIONS
You are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold.
Cancellations can be effected via the same means in which the order was placed.
If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess.
2. PROCESSING OF REFUNDS
Should you be entitled to a refund for any reason, such refund shall –
- in the case of payment having been made by credit card, be effected on the credit card account;
- Corporate Wildman will not pay funds into a third party bank account.
6.14.3 Provisions applicable to purchases from Advertised Suppliers:
- Subject to the provisions herein below which Advertised Suppliers have agreed to abide by, each sale by an Advertised Supplier is subject to such further terms and conditions as may be agreed between you and the relevant Advertised Supplier and any refunds or adjustments will only be provided in accordance with the terms so agreed, or otherwise in the Advertised Supplier’s sole discretion.
- STOCK SHORTAGES
In the event that an Advertised Supplier is out of stock of the product ordered by you, the Advertised Supplier must notify you thereof, whereupon –
- in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;
- in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.
In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
Subject to the “Additional Guarantee” below –
- If the wrong product is delivered, or the product is damaged or defective, you will be able to notify the Advertised Supplier by requesting a refund in writing within 7 days of delivery, failing which you will be deemed to have received the correct product, in accordance with the order placed by you, and in good working condition.
- The relevant Advertised Supplier is obliged to fully refund you upon receipt of the returned product, provided such product is returned in its original packaging and, if the product is returned as a result of being an incorrect delivery, the product must not have been utilised. The Advertised Supplier will also be liable for the reasonable costs of returning such defective product.
Additional Guarantee: Advertised Suppliers may grant additional warranties/guarantees in respect of products listed by them in on the Corporate Wildman website or on their own website, as indicated in the relevant product descriptions.
Advertised Suppliers issue refunds by means of an electronic instruction to Corporate Wildman to do so. Note that in processing refund instructions received from Advertised Suppliers, Corporate Wildman merely follows the instructions of the Advertised Suppliers and is not obliged to exercise any discretion, or resolve any disputes in relation to the payment of a refund.
Should an Advertised Supplier instruct Corporate Wildman to pay a refund, such refund shall –
- in the case of payment having been made by credit card, be effected on the credit card;
- Corporate Wildman will not pay funds into a third party bank account.
- If for any reason you would like to cancel and order, an email should be sent no less then 7 working days prior to the planned delivery date.
- Corporate Wildman shall be entitled to debit your Payment Card for the delivery fees incurred in respect of any late cancellations.
- If you cancel your payment for any reason or if your Payment Card shall cease to be valid for whatever reason, you will nevertheless be bound to pay Corporate Wildman the full purchase price, including all costs incurred by Corporate Wildman relating to the recovery thereof.
- Without prejudice to any other rights or remedies in law, Corporate Wildman shall be entitled to cancel forthwith any sale if you should breach any of your obligations.
6.16 Risk and Ownership
- Risk in the ordered goods shall be passed to you upon delivery at the delivery address or to the person accepting delivery on your behalf, if for instance you should not be available to take delivery at the delivery address. Until payment is received in full for any goods sold, ownership in the ordered goods shall remain with Corporate Wildman and such goods shall be returned and/or surrendered to Corporate Wildman following a receipt of a default notice from Corporate Wildman.
7. Unsolicited, Spam and Junk Mail
- Corporate Wildman provides a spam and virus filtering system to protect you from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly
identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Corporate Wildman shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
- Corporate Wildman prohibits you from using Corporate Wildman’s services to harm or attempt to harm a minor, including but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful.
8. Electronic Communications
- When you visit Corporate Wildman’s website or send e-mails to Corporate Wildman, you consent to receiving communications from Corporate Wildman electronically and agree that all agreements, notices, disclosures and other communications sent by Corporate Wildman satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
9. Reservation and Non Waiver of Rights
- Corporate Wildman reserves the right to amend or alter this policy at any time, and without notice to you.
- Corporate Wildman reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing its services, to the fullest extent of the law.
- Corporate Wildman reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over its network.
- Corporate Wildman reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with the website or cause damage to our property.
- Corporate Wildman reserves the right to suspend, revoke or cancel Corporate Wildman’s services to you if the safety and integrity of Corporate Wildman’s resources are placed at risk in continuing to provide service to you.
- Corporate Wildman reserves the right to remove any information or materials in whole or in part, that, in Corporate Wildman’s sole discretion, is deemed to be offensive, indecent or otherwise objectionable.
- Corporate Wildman does not undertake to guarantee the security of any data passing through its networks. Although Corporate Wildman will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Corporate Wildman cannot be held liable for any loss or damage arising as a result of the failure to do so.
- Corporate Wildman does not waive its right to enforcement of these Terms and Conditions at any time, or prejudice its right to take subsequent action, should Corporate Wildman fail, neglect or elect not to enforce a breach of these Terms and Conditions at any time.
- This website is governed by the laws of South Africa and Corporate Wildman chooses as its domicilium citandi et executandi for all purposes under these terms and Conditions, whether in respect of court proceedings, notices, or other documents or communication of whatsoever nature, the following address: PO Box 126, Howick, South Africa, 3290.
- You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these Terms and Conditions in a court located in South Africa. The laws of South Africa will govern these Terms and Conditions, as well as any claim that might arise between you and Corporate Wildman, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the court located in South Africa for the purpose of litigating all such claims.
- If anyone brings a claim against Corporate Wildman related to your actions, content or information on the Corporate Wildman website, you will indemnify and hold Corporate Wildman harmless from and against all damage, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- Corporate Wildman makes its best effort to keep the Corporate Wildman website bug-free and safe, but you use it at your own risk. Corporate Wildman is provided “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Corporate Wildman does not guarantee that the website will be safe or secure. Corporate Wildman is not responsible for the action, content, information, or data of third parties, and you release Corporate Wildman, its officers, employees or agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
12. Term and Termination
- These Terms and Conditions shall commence from the date on which they are published on the website and continue indefinitely, as amended by Corporate Wildman from time to time, for so long as the website exists and is operational, Corporate Wildman being entitled to terminate these Terms and Conditions and/or shut down the website at any time.