1. "PARKBOOKINGS", "WE", "US" PROVIDE THIS APPLICATION, PLATFORM, WEBSITE, AND ALL SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE RELATED THERETO, SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.
2. PLEASE READ THESE WEBSITE TERMS OF USE & PRIVACY POLICY ("TERMS OF USE & PRIVACY POLICY") CAREFULLY BEFORE USING THIS SITE.
3. These Terms of Use & Privacy Policy are a valid and binding agreement between ParkBookings and you, (hereinafter “the User” or “Users”). You acknowledge and understand that by accessing and/or using the ParkBookings application, platform, website, and/or related services (hereinafter “ParkBookings Services” or “ParkBookings”), that you agree to be bound by these Terms of Use & Privacy Policy contained herein.
INTRODUCTION
4. ParkBookings is an authorised sales agent of South African National Parks (SANParks) and provides a premium booking platform which connects Users with consultants and sales agents (collectively “Parties”) to assist users in booking ‘real time’ accommodation in various SANParks.
5. The ParkBookings Services, including all pages within, and all code related thereto, is the property of ParkBookings (Pty) Ltd. No portion of the materials or code on these pages, or anywhere on the ParkBookings Services, may be reprinted or republished (other than as is necessary to view the page on your device) in any form without the express written permission of ParkBookings (Pty) Ltd.
6. All trade marks and/or service marks used in ParkBookings Services are the trade marks and/or service marks of their respective owners.
7. ParkBookings is owned and operated by ParkBookings (Pty) Ltd in conjunction with others, pursuant to contractual arrangements. Any unauthorised use of the ParkBookings Services in any manner which may violate any copyright, trade mark, patent, and/or other laws, is strictly prohibited. You acknowledge that you do not acquire any ownership rights or otherwise through your use of the ParkBookings Services.
8. It is acknowledged that ParkBookings (Pty) Ltd, in providing the ParkBookings Services, is acting as a mere conduit between the Parties, providing Users with access to consultants and sales agents to assist Users in booking ‘real time’ accommodation in various SANParks.
9. In making use of the ParkBookings Services, the Parties warrant that the information provided is accurate, current, true and correct and that such information has not been presented to misrepresent, impersonate, or falsely imply an affiliation with, any person or entity.
DISCLAIMER AND WARRANTIES
10. ParkBookings may change these Terms of Use & Privacy Policy from time to time. Any changes to these Terms of Use & Privacy Policy will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the ParkBookings Services or via e-mail. Your use of the ParkBookings Services after such notice will be deemed acceptance of and acquiescence to, such changes. Be sure to review these Terms of Use & Privacy Policy periodically to ensure familiarity with the most current version.
11. Upon request, you agree to provide ParkBookings with a signed physical copy of these Terms of Use & Privacy Policy and by using the ParkBookings Services, you confirm having signed these Terms of Use & Privacy Policy digitally.
12. ParkBookings may further change the ParkBookings Services, including, eliminating or discontinuing any content on, or feature of, the ParkBookings Services, restricting the hours of availability or limiting the amount of use permitted; or changing any fees or charges for the use of the ParkBookings Services, including instituting new or increased fees or charges for the use of the ParkBookings Services or any other related services or any feature thereof.
13. ParkBookings’s collection and use of personal information in connection with the ParkBookings Services is set out in these Terms of Use & Privacy Policy and is further clarified in our Privacy Policy. ParkBookings may provide, if legally required, any necessary information (including the Parties’ contact information) and/or if there is a complaint, dispute or conflict, which may include, but not be limited to, an incident, death, accident and/or damages involving the Parties or any third party, where such information or data is necessary to resolve the complaint, dispute or conflict.
14. The ParkBookings Services are provided “as is” and “as available”. ParkBookings disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms of Use & Privacy Policy .
15. ParkBookings makes no representation, warranty, or guarantee that the ParkBookings Services will be uninterrupted or error-free. In the event that such a situation arises, please contact us at bookings@parkbookings.com with a description of the interruption and/or error, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
16. As User authentication on the Internet is difficult, ParkBookings cannot, and does not confirm, that Users are who they claim to be. The behaviour of ParkBookings Services Users are outside of the ambit of ParkBookings and its scope of liability.
17. In the event that you have a dispute with one or more ParkBookings Services Users, you release ParkBookings (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way related to, such disputes.
18. ParkBookings Services is inter alia conduit between the Parties, providing the User with access to consultants and sales agents to assist users in booking ‘real time’ accommodation in various SANParks. Any persons making such connections do so on their sole behalf and are not the representatives or agents of the ParkBookings Services and/or its subsidiaries, affiliates, agents and employees.
19. We are not to be considered as an employer or broker with respect to your use of the ParkBookings Services.
LIMITATION OF LIABILITY
20. To the maximum extent permitted by law, neither ParkBookings nor its subsidiaries, affiliates, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or content contained on the site, or any product or service purchased through the site including, without limitation, those damages or injuries occurring as a result of any: error, omission, deletion, or defect in the content available on the site; or any failure of performance, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.
21. The Parties are responsible for obtaining the data network access necessary to use ParkBookings Services. The Parties’ mobile network data and messaging rates and fees may apply if the Parties access or use the ParkBookings Services from a wireless-enabled device and the Parties shall be responsible for such rates and fees. The Parties are responsible for acquiring and updating compatible hardware or devices necessary to access and use the ParkBookings Services and any updates thereto. ParkBookings does not guarantee that any portion thereof functions on any particular hardware or devices. In addition, the ParkBookings Services may be subject to transactions cancelled, malfunctions, and delays inherent in the use of the Internet and electronic communications. Those who access or use the ParkBookings Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African and local laws and regulations, including, but not limited to, export and import regulations.
INDEMNIFICATION
22. Although the ParkBookings Services are widely accessible, not all products or services discussed, referenced or made available on the ParkBookings Services are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the ParkBookings Services are appropriate or available for use in all locations.
23. Parties who access the ParkBookings Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with relevant local laws, if and to the extent local laws are applicable. ParkBookings reserves the right to limit the availability of the ParkBookings Services and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such product or service that we provide.
24. The Parties agree to defend, indemnify and hold ParkBookings harmless, including our officers, directors, shareholders, employees, agents and/or representatives, and the successors, heirs and/or assigns of the foregoing, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses (including but not limited to attorney's fees on an attorney and own-client scale) arising out of or in connection with these Terms of Use & Privacy Policy, any obligation or representation or warranty of the Parties herein on ParkBookings Services, including without limitation:
24.1. claims arising from the provision by the Parties of, or the use or possession by any of the Parties or any third party acquiring from any of the Parties or any act, error or omission of the Parties in connection therewith;
24.2. claims arising from or alleging inaccurate or incomplete information contained by the Parties in ParkBookings Services or that any such information infringes the intellectual property rights of any third party;
24.3. claims arising from any information furnished or instructions issued to ParkBookings;
24.4. damages arising from any violation of any applicable law or regulation;
24.5. any defamation, invasion of privacy, disparagement, or similar claims; and
24.6. any other violation of rights of any third party.
PROCESSING OF PERSONAL DATA
25. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act") and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
26. The private information required for executing the ParkBookings Services will be kept in the strictest confidence by ParkBookings and may be made available to:
26.1. our employees and/or third-party service providers pursuant to enabling them to assist us to interact with you via our Platforms for the marketing or delivery of services.
26.2. law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
27. When registering to make use of the ParkBookings Services, we may collect the following provided personal information:
27.1. personal details such as first name(s) and surname(s);
27.2. email address;
27.3. physical address;
27.4. mobile phone number and/or alternative phone number;
27.5. online identifiers;
27.6. date of birth; and
27.7. identification number.
28. When making use of the ParkBookings Services, we may receive:
28.1. log information, through online identifiers, including information on how, when and for how long you use ParkBookings Services and other services, the content you view and search queries you submit;
28.2. information about the equipment you use to access or ParkBookings Services, including the type of device you are using, how you access ParkBookings Services, your browser or operating system and your Internet Protocol address; and
28.3. the geographic location from which you accessed ParkBookings Services, including your device’s global positioning system signal and information about nearby Wi-Fi networks and cell towers.
29. The methods by which Users’ personal data is collected includes:
29.1. Cookies;
29.2. Provided registration details; and
29.3. Information submitted and transmitted via the platform.
30. ParkBookings only process your Personal Information in compliance with these Terms of Use & Privacy Policy and in accordance with relevant data protection laws. If, however, you wish to raise a complaint regarding the processing of your Personal Information or are unsatisfied with how we have handled your Personal Information, you have the right to lodge a complaint with the supervisory authority in your country.
31. ParkBookings does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at info@parkbookings.com.
32. In using the ParkBookings Services, Parties shall comply with any and all applicable anti-slavery and human trafficking laws, statutes, regulations and codes, including but not limited to the U.K. Modern Slavery Act 2015. In this regard, the Parties confirm that similar legislation in force in another relevant jurisdiction(s) would apply equally.
33. ParkBookings reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of these Terms of Use & Privacy Policy. ParkBookings also reserves the right to prohibit any user who, in the ParkBookings’s sole discretion, violates any terms of these Terms of Use & Privacy Policy, from using the ParkBookings Services and/or related services. Such prohibition may occur without notice to the user.
RETENTION OF PERSONAL DATA
34. ParkBookings will keep your personal information in instances where:
34.1. ParkBookings requires this information to provide ParkBookings Services;
34.2. ParkBookings is allowed or required by law to retain the information; or
34.3. ParkBookings has been granted permission to keep your information subject to your request to stop processing your Personal Data.
REGISTRATION USE AND PASSWORD SECURITY
35. Some areas of the ParkBookings Services may require you to register with us. When and if you register, you agree to:
35.1. provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address); and
35.2. to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate these Terms of Use & Privacy Policy with you and your use of the ParkBookings Services.
36. As part of the registration process, your username will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trade mark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
37. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer, or resell your use of, or access to, the ParkBookings Services to any third party. If more than one individual intends to use a single password belonging to a registered user, such registered user must request permission from ParkBookings in writing, it being understood that ParkBookings shall be under no obligation to approve any such request.
38. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information from the “My Account” page of the ParkBookings Services and immediately notify us of the problem via email addressed to privacy@parkbookings.com.
39. You are solely and entirely responsible for maintaining the confidentiality of your username and password and solely and entirely responsible for any and all activities that are conducted through your account.
CLAIMS OF COPYRIGHT INFRINGEMENT
40. If you have bona fide belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
41. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, the ParkBookings Services maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to privacy@parkbookings.com.
42. The notice must include the following information:
42.1. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly being infringed upon;
42.2. identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the ParkBookings Services are covered by a single notification, a representative list of such works);
42.3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the ParkBookings Services;
42.4. the name, address, telephone number, and e-mail address of the complaining party;
42.5. a statement that the complaining party has a bona fide belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
42.6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
GOVERNING LAW AND DISPUTE RESOLUTION
43. These Terms of Use & Privacy Policy will be interpreted and implemented in accordance with the laws of the Republic of South Africa, and you agree to by bound by the jurisdiction of the courts of the Republic of South Africa, the laws of which govern the functioning and interpretation of these Terms of Use & Privacy Policy.
44. If any of the provisions of these Terms of Use & Privacy Policy are found to be invalid, unlawful, or unenforceable, such provisions will be severable from the remaining provisions, which will continue to be valid and enforceable.