Terms and Conditions  

The following are the Terms of Use for the official website (“our website”) of Mountain Sanctuary Park (MSP). MSP reserves the right to update the Terms of Use at any time, without notice. 

1. Intellectual Property Rights 

The content of this website, including but not limited to all trade marks, articles, photographs, drawings, graphics, logos, images, cinematographic films, video clips, text and data related to MSP business interest, is the intellectual property of MSP and may not be reproduced, adapted, distributed, sold, published, stored, broadcast, modified, transmitted or recorded in any way without prior written consent from MSP, which consent can be obtained from Stacy@mountain-sanctuary.co.za Any unauthorised reproduction, storage, sale, adaptation, distribution, publication, broadcasting, modification, transmission or recording of the content of this website or any part thereof, will constitute copyright infringement. 

2. Disclosures in terms of section 43 of the Electronic Communications and Transactions Act. 

2.1 The full name and legal status of the website owner is:  

Mountain Sanctuary Park PTY LTD. Portion 52 of Grootfontein JQ346 District Rustenburg 0300. North West Province 

2.2 The full address of the website owner is detailed hereunder:  

Telephone number: +27 (0)82 707 5538 (014) 534 0114 

2.3 The website address of this website is: www.mountain-sanctuary.co.za.  

E-mail address: stacy@mountain-sanctuary.co.za  / owen@mountain-sanctuary.co.za    

2.4 Physical address for receipt of legal service: 

Mountain Sanctuary Park PTY LTD. Portion 52 of Grootfontein JQ346 District Rustenburg 0300. North West Province 

2.5 Main business:  

Nature conservation and related activities. Accommodation and Camping 

2.6 A full price list is contained on this website setting out accommodation, rates, taxes and other fees and costs;  

2.7 Payment is accepted in the form of direct transfers, cash or credit card;  

2.8 Services will be rendered once booking dates have been determined and confirmed by way of payment.  

2.9 MSP reserves the right to decline or execute a booking at its absolute discretion, without the necessity to provide any reasons. MSP also reserves the right to cancel bookings at its sole discretion.  

3. Policy on cinematographic or photographic material 

We do not allow "the filming and simultaneous transmitting of photographic images by the use of a webcam or other image recording or transmitting device", unless a permission has been obtained.
The making of a cinematographic film or the taking of photographs for a commercial purpose - either directly or indirectly - is unlawful unless permission has been obtained.  

4. Disclaimer and Site submission rules 

Users of, or visitors to, our website may not post comments, statements or other materials on our website that may be libellous, obscene, defamatory or that may infringe copyright, trade marks or any other intellectual property rights. Any such unlawful postings will immediately be removed from our site, without notice or warning. 

MSP cannot be held liable for any comments, statements or other materials posted on our website or on any social media / advertising outlet. 

MSP has taken all reasonable care in the preparation of the content on this website. However, MSP cannot guarantee the accuracy or integrity of the information reflected on our site. MSP shall not be liable for any loss or damage which may result from the use of our website or inability to use our site, or any information contained on our website, or services or products provided via our website. Should you wish to rely on any information contained in our website, we recommend that you contact us to verify the information. 

There may be existing websites which may look similar to our website, which are operated by third parties with whom MSP may or may not have e-commerce or other business relations (hereinafter referred to as “third party operator websites”). MSP shall not be liable for the integrity or accuracy of information found or displayed on such third party operator websites, or the services or private practices of such third party operators, particularly insofar as the provision of information and access is concerned. 

Our website contains various hyperlinks to third party operator websites over which we have no control. MSP disclaims all responsibility and liability in respect of the use of any such hyperlinks, whether directly or indirectly, or the websites to which such hyperlinks point. Hyperlinks found on our website do not imply the endorsement of such links or the websites to which they point, by MSP 

5. Non-compliance 

MSP reserves the right to use IP addresses and cookies to identify users, when we feel it necessary to enforce compliance with our Terms of Use, Rules and Policies, or to protect our rights, services or website. 

Any non-compliance with our Terms of Use or Rules and Policies will be met with the disclosure of user information to law enforcement authorities. MSP reserves the right to disallow access to this website. 

6. Agreement in terms of Section 21, 85, 86 and 87 of the Electronic Communications and Transactions Act 

No e-mail message shall be deemed to have been received by MSP until a response has been issued by MSP.  

6.1 Section 85.  

In this Chapter, unless the context indicates otherwise— “access” includes the actions of a person who, after taking note of any data, becomes aware of the fact that he or she is not authorised to access that data and still continues to access that data. Unauthorised access to, interception of or interference with data 

6.2 Section 86.  

(1) Subject to the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992), a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence. 

(2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence. 

(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence. 

(4) A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence. 

(5) A person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence. 

Computer-related extortion, fraud and forgery 

6.3 Section 87.  

(1) A person who performs or threatens to perform any of the acts described in section 86, for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions, is guilty of an offence. 

(2) A person who performs any of the acts described in section 86 for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic, is guilty of an offence. 

A COPY OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf  

7. Severability 

In the event that any of these terms of use are found not to be valid or enforceable for any reason whatsoever, such term(s) shall be severable from the remaining terms of use. The remaining terms shall not be affected by such invalidity or unenforceability and shall remain enforceable. 

8. General 

8.1 These terms of use will be governed by and construed in accordance with South African laws.  

8.2 These terms of use shall be for the benefit of MSP and may be waived in MSP own discretion.  

Privacy Notice  

By using this website, you acknowledge that you have reviewed the terms of this Privacy Notice and consent to use of your Personal Information (the “Privacy Notice and Consent”) and agree that we may Process your Personal Information in accordance therewith. If you do not agree to these Privacy Notice and Consent, then you are not allowed to use this Website and should immediately terminate such usage. 

1. Interpretation  

1.1. The following terminology applies to this Privacy Notice and Consent: “we", “us” or “our” refers to MSP and “you” or “your” refers to our customer, suppliers, subscribers, visitors and/or users of our website. Any use of the aforesaid terminology or other words in the singular, plural, capitalization, are taken as interchangeable and therefore as referring to same. 

1.2. Any reference to “website” shall be deemed to include all platforms and/or portal of MSP made available to you either as a customer, subscriber, supplier and/or user. 

1.3. Any capital term used in this Privacy Notice and Consent shall unless specifically defined, be deemed be defined in terms of the Protection of Personal Information Act, 4 of 2013 (POPI Act), which can be found at the following link: www.gov.za/documents/download.php?f=204368 . 

2. Introduction.

2.1. We respect the privacy of everyone who visits our website. As a result we would like to inform you regarding the way we would use your Personal Information. We encourage you to read this Privacy Notice and Consent so that you understand how we Process your Personal Information. By submitting your Personal Information to us, you will be treated as having given your permission (where necessary and appropriate) for disclosures referred to in this Privacy Notice. 

2.2. If you do not agree with this Privacy Notice and Consent, you may choose not to register on our website nor contact us however this may impact on our ability to interact with you, and where applicable, support you as a customer or supplier. This Privacy Notice and Consent forms part of our Terms and Conditions of Use and such shall be governed by and construed in accordance with the laws of the Republic of South Africa. 

2.3. This Privacy Notice explains how we obtain, use and disclose your Personal Information, as is required by the POPI Act. At MSP we are committed to protecting your privacy impact and to ensure that your Personal Information is processed properly, lawfully and openly. 

3. Who we are.

MSP is a privately owned nature reserve, we offer peace and quiet and have strict rules in line with these regulations. We form part of the last piece of the protected Magaliesberg Mountain range and We are dedicated to conservation and strive to protect and maintain the natural environment.  

4. Collection of personel information.

4.1. We collect and Process your Personal Information mainly to provide you with access to our services and products, to help us improve our offerings to you, to support our contractual relationship with you and for certain other purposes explained below. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose. 

4.2. We collect Personal Information directly from you where you provide us with your personal details, for example when you purchase or supply a product or services to or from us or when you submit enquiries to us or contact us. Where possible, we will inform you what information you are required to provide to us and what information is optional. 

4.3. Examples of information we collect from you are: 

·        name 

·         ID/Passport Number 

·        Address

·        email address 

·        telephone/cell number 

4.4. We may also collect information about you from other sources as explained below. 

4.5. With your Consent, we may also supplement the information that you provide to us with information we receive from other companies, platforms in our industry in order to offer you a more consistent and personalized experience in your interactions with MSP 

5. Collection of Non-Personal Information  

5.1. We may automatically collect non-Personal Information about you such as the type of internet browsers you use or the website from which you linked to our website. We may also aggregate details which you have submitted to the site (for example, the products or services you are interested in). You cannot be identified from this information and it is only used to assist us in providing an effective service on this web site. We may from time to time supply third parties with this non-personal or aggregated data for uses in connection with this website. 

6. Cookies Policy  

We use the term “cookies” to refer to cookies and other similar technologies covered by the POPI Act on privacy in electronic communications. 

7. What is a Cookie?  

Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you. 

8. Why do we use cookies?  

We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our website. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Cookies also allow you to rate pages and fill in comment forms. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer. 

9. How are third party cookies used?  

For some of the functions within our websites we use third party suppliers, for example, when you visit a page with videos embedded from or links to YouTube. These videos or links (and any other content from third party suppliers) may contain third party cookies and you may wish to consult the policies of these third party websites for information regarding their use of cookies. 

10. How do I reject and delete cookies?  

10.1. We will not use cookies to collect personally identifiable information about you. However, should you wish to do so, you can choose to reject or block the cookies set by the websites of any third party suppliers by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies. 

10.2. You can also visit www.allaboutcookies.org  for details on how to delete or reject cookies and for further information on cookies generally. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your handset manual. Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly. 

11. How we use your information  

11.1. We will use your Personal and Non-Personal Information only for the purposes for which it was collected or agreed with you, for example: 

·        Analyse the effectiveness of our advertisements, competitions and promotions; 

·        Collect information about the device you are using to view the site, such as your IP address or the type of Internet browser or operating system you are using, and link this to your Personal Information so as to ensure that the site presents the best web experience for you; 

·        Evaluate the use of the site, products and services; 

·        For audit and record keeping purposes; 

·        For market research purposes; 

·        For monitoring and auditing site usage; 

·        Help speed up your future activities and experience on the site. For example, a site can recognise that you have provided your Personal Information and will not request the same information a second time; 

·        In connection with legal proceedings; 

·        Make the site easier to use and to better tailor the site and our products to your interests and needs; 

·        Offer you the opportunity to take part in competitions or promotions; 

·        Personalise your website experience, as well as to evaluate (anonymously and in the aggregate) statistics on website activity, such as what time you visited it, whether you’ve visited it before and what site referred you to it; 

·        Suggest products or services (including those of relevant third parties) which we think may be of interest to you; 

·        To assist with business development; 

·        To carry out our obligations arising from any contracts entered into between you and us; 

·        To conduct market or customer satisfaction research or for statistical analysis; 

·        To confirm and verify your identity or to verify that you are an authorised customer for security purposes; 

·        To contact you regarding products and services which may be of interest to you, provided you have given us consent to do so or you have previously requested a product or service from us and the communication is relevant or related to that prior request and made within any timeframes established by applicable laws; 

·        To notify you about changes to our service; 

·        To respond to your queries or comments; 

11.2. We will also use your Personal Information to comply with legal and regulatory requirements or industry codes to which we subscribe or which apply to us, or when it is otherwise allowed by law. 

11.3. Where we collect Personal Information for a specific purpose, we will not keep it for longer than is necessary to fulfil that purpose, unless we have to keep it for legitimate business or legal reasons. In order to protect information from accidental or malicious destruction, when we delete information from our services we may not immediately delete residual copies from our servers or remove information from our backup systems. 

11.4. You can opt out of receiving communications from us at any time by sending an email requesting this. 

12. Disclosure of Personal Information  

12.1. We may disclose your Personal Information to our business partners, suppliers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with these privacy terms. 

12.2. We may share your Personal Information with, and obtain information about you from: 

·        Third parties for the purposes listed above; 

·        Other companies in our industry when we believe it will enhance the services and products we can offer to you, but only where you have not objected to such sharing; and/or 

·        Other third parties from whom you have chosen to receive marketing information. 

12.3. 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. 

13. Personal Information Security  

13.1. We are legally obliged to provide adequate protection for the Personal Information we hold and to stop unauthorised access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your Personal Information is secure. 

13.2. Our security policies and procedures cover: 

·        Acceptable usage of personal information; 

·        Access to personal information; 

·        Computer and network security; 

·        Governance and regulatory issues; 

·        Investigating and reacting to security incidents. 

·        Monitoring access and usage of personal information; 

·        Physical security; 

·        Retention and disposal of information; 

·        Secure communications; and 

·        Security in contracting out activities or functions; 

13.3. 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. 

13.4. 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. 

14. Access to your Personal Information  

14.1. 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 listed on our home page and specify what information you would like. We will take all reasonable steps to confirm your identity before providing details of your personal information. 

14.2. Please note that any such access request may be subject to a payment of a legally allowable fee, as laid down in our POPI Act Policy. 

15. Correction of your Personal Information  

15.1. You have the right to ask us to update, correct or delete your personal information. We will take all reasonable steps to confirm your identity before making changes to Personal Information we may hold about you. We would appreciate it if you would take the necessary steps to keep your Personal Information accurate and up-to-date by notifying us of any changes we need to be aware of. 

16. Retention of personal data  

MSP will retain your data in compliance with the POPI Act and in compliance with other applicable legislation. 

17. Automated Decision Making  

MSP does not use Automated Decision Making in connection with your personal data. 

18. Right to object  

In terms of the POPI Act (POPIA) section 18. (h) (iv) you have the right to object to the processing of personal information as referred to in section 11(3) of the POPIA. 

19. Right to lodge a complaint  

19.1. In terms of the POPI Act (POPIA) section 18. (h) (v) you have the right to lodge a complaint to the Information Regulator (South Africa) (IRSA). The IRSA contact details are:
https://www.justice.gov.za/inforeg/contact.html
JD House, 27 Stiemens Street
Braamfontein, Johannesburg, 2001
P.O Box 31533
Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za  

20. Changes to this notice  

Please note that we may amend this notice from time to time. Please check our website periodically to inform yourself of any changes. 

21. How to contact us  

If you have any queries about this notice or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website [www.mountain-sanctuary.co.za]  

22. information officer 

If you wish to contact the information officer, you can do so at:  

stacy@mountain sanctuary.co.za 

Stacy Sutton 

076020498