DISCLAIMER

Terms and Conditions : uShaka Island Management (Pty) Ltd.

  • Terms and Conditions : uShaka Island Management (Pty) Ltd.
  • You must carefully familiarise yourself with the terms and conditions set out in this agreement before using our website. In addition to setting out the terms of use of our website, this document contains important information in regard to security and data and privacy protection. Although we regard these conditions as normal and appropriate for the purposes of our online presence, they do include terms which exclude and/or limit our liability and which place certain obligations on you.
  • By visiting our website, you irrevocably agree to be bound by these terms and conditions. This is a legally binding agreement.
  • If you do not agree with the terms and conditions contained in this agreement you should immediately discontinue using our website.

General

1. For the purposes of this agreement all references to “us”, “we” and “our” will mean uShaka Island Management (Pty) Ltd and all references to “you” or “your” will mean you as the individual reading these terms and conditions.

2. We agree to provide you access to our website in accordance with these terms and conditions.

3. You agree to use our website in a manner consistent with these terms and conditions.

4. You accept that our website is provided on an “as is, as available” basis and that all information displayed on our website is subject to change. Under no circumstances will we be liable to you if our website is unavailable or not fully functional at any time.

5. Your access to and use of our website may be terminated immediately if you use, or attempt to use, our website for any illegal and/or immoral purposes.

6. These terms and conditions contain the entire understanding between us with respect to this website and no representation,statement, inducement oral or written, other than those contained herein shall bind either of us unless specifically agreed to, in writing, between us.

7. You agree not to impersonate another person in the use of this website or in the sending of any e-mail to any address listed on our website.

8. Should any part of these terms and conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms and conditions had been eliminated.

9. The laws of South Africa shall govern as to the interpretation, validity and effect of this agreement and your use of our website notwithstanding any conflict of law provisions or your domicile, residence or physical location. You hereby consent and submit to the jurisdiction of the courts of South Africa in any action or proceeding instituted under or related to this agreement.

Using Our Website

10. Our website is to be used by you strictly for browsing and learning more about our business, products and services i.e. as an online brochure. You are not permitted to commercially profit by “on-selling” our online services in any manner whatsoever and may not use the website for any purpose that is unlawful or prohibited by these terms and conditions.

E - Mail Disclaimer

11. E-mail messages may contain information which is confidential, private or privileged in nature. If you are not the intended recipient , you may not peruse, use, disseminate, distribute or copy e-mail messages or files which are attached to e-mail messages. If you have received e-mail messages in error, please notify the sender immediately by e-mail, facsimile or telephone and thereafter return and/or destroy the original message. Any views of this communication are those of the sender except where the sender specifically states them to be those of uShaka Marine World. Please note that the recipient must scan e-mail messages and any attached files for viruses and the like. uShaka Marine World accepts no liability of whatever nature for any loss, liability, damage or expense resulting directly or indirectly from the access and/or downloading of any files which are attached to e-mail messages.

Intellectual Property

12. Either we or our licensors own the intellectual property and all rights attached thereto for the contents of, and technology used to create and display, this website including the copyright in all information displayed on our website and the arrangement of the contents of this website. Intellectual property shall be given the widest possible meaning in interpreting this clause and shall include copyrights; trademark and trade name rights; domain name rights; trade secret rights and patents, designs and algorithms of whatever nature however known around the world including logos, distinctive marks and any other unique identifiable feature whether arising by operation of law, contract, licence, or otherwise, and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues now or hereafter in force.


13. You are granted a non-exclusive limited licence to view information upon our website and to use (display or print) short extracts of the information displayed on the website for your own non-commercial use only, provided the information is not modified by you and you shall be fully responsible for any consequences resulting from such use. Any other use of the information is prohibited. None of the information contained on this website may be reproduced, republished or re-disseminated or copied, transmitted or distributed in any manner or form without our prior written consent. We will take appropriate legal action to enforce our rights.

Security

14. We make every effort to maintain the highest standards of security and, where applicable, will employ the latest SSL encryption standards in our personal interactions with you upon our web site. Our Internet servers are also housed in a most secure environment. However, because of all the variables involved in Internet security, we will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information which you may make to us through the Internet.


15. Due to all the variables involved in Internet security, we will not be responsible for any damages which you or any third party may suffer as a result of the transmission of confidential information which you may make to us or our agents through the Internet. We do, however, reiterate our commitment to maintaining the highest possible prevailing Internet security standards.


16. Whilst every effort is made to ensure that all information provided on our website does not contain computer viruses, you should take responsible and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of all important items of information contained on your computer system. You should pay specific attention to some of the viruses that have been written to execute automatically when an infected word-processing document is loaded into certain word-processing programs.

Data Collection and Privacy Issues

17. CUSTOMER PRIVACY STATEMENT 


This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).
At uShaka Marine World (and including this website) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

18. About the Company 


Durban Marine Theme Park (DMTP), trading as uShaka Marine World 


The information we collect 


We collect and process your personal information mainly to contact you for the purposes of doing business with you, related to products and services we offer to the publich and/or products and services we purchase from our suppliers. Other personal information is collected for the purposes of advancing common business interests with our partners. We also collect personal information in order understanding your requirements, and delivering services accordingly. For this purpose we will collect contact details including your name, e-mail, telephone numbers, address and organisation. We also collect company related information such as registration number, tax numbers, BBBEE certificates and director details among others.
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.

19. How we use your information 


We use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes. 

For example:
• To gather contact information;
• To process sales for our goods and services to the public, including property rentals
• To process public tenders, including invoice payments as part of our Supply Chain Management (SCM) processes
• To confirm and verify your identity or to verify that you are an authorised user for security purposes;
• For the detection and prevention of fraud, crime, money laundering or other malpractices;
• To conduct market or customer satisfaction research or for statistical analysis;
• For audit and record keeping purposes;
• In connection with legal proceedings. 


20.Disclosure of information 


We may disclose your personal information to our service providers and partners who are involved in the delivery of products or services to you. We have agreements in place with such partners to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
• Where we have a duty or a right to disclose in terms of law or industry codes;
• Where we believe it is necessary to protect our rights and those of the public. 


21. Information Security 


We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We continuously review our security controls and related processes to ensure that your personal information remains secure. Our entity is also audited annually by internal and external audit teams to provide assurance on the effectiveness of our information security controls. 


Our security policies and procedures cover:
• Physical security;
• Computer and network security;
• Access to personal information;
• Secure communications;
• Security in contracting out activities or functions;
• Retention and disposal of information;
• Acceptable usage of personal information;
• Governance and regulatory issues;
• Monitoring access and usage of private information;
• Investigating and reacting to security incidents. 


When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to. This is done through data-sharing agreements and privacy clauses in all interactions with third parties.

22. Your Rights: Access to information 


You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Please note that any such access request may be subject to a payment of a legally allowable fee.

23. Correction of your information 


You have the right to ask us to update or correct your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Destruction/de-identification of your information 


You have the right to ask us to delete any personal information we may hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you want deleted/de-identified.We would appreciate it if you would keep your personal information accurate.

Definition of personal information 


According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.

 
How to contact us 


If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website. 

Hyperlinks

20. Our website may contain links to other websites. These links are provided as references to help you identify and locate other Internet websites that may be of interest. These other websites may have been independently developed by parties other than us and/or they may be under the control of parties other than us and we do not assume responsibility for the accuracy or appropriateness of the information contained in such websites. In providing links to other websites, we are in no way acting as a publisher or a disseminator of the material contained on those other websites, unless specifically stated to the contrary and do not seek to control the content of, or maintain any type of editorial control over such websites. A link to another website should not be construed to mean that we are affiliated or associated with, or are legally authorised to use any trademark, trade name, logo or copyrighted material that may be reflected in the link or a description of the link to such other websites. Furthermore the mention of any party or its product or service on this website should not be construed as an endorsement of that party or its product or service, unless specifically stated otherwise.

Disclaimers / Limitation of Liability

28. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE SHALL NOT BE LIABLE FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING WHICH YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION AND DIRECT, INDIRECT, SPECIAL, PUNITAVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT. LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.


29. The information and services included in or available on our website may include inaccuracies or typographical errors. We reserve the right to make improvements and / or changes to the website at any time and to withdraw access to the website at any time and for any reason.

30. We do not warrant that the website will be uninterrupted or error-free or that defects will be corrected.


31. The website is provided “as is” without warranty of any kind.


32. We reserve the right to amend or modify these terms and conditions at any time and for any reason.

Indemnification

33. You agree to indemnify and hold us as we

Contacting us

34. If you have any questions about these terms and conditions or the practices of this website you can e-mail mkt@ushakamarineworld.co.za
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