+27 (0)61 440 9995 hike@actvyt.co.za

Terms and Condtions

[Para. 1] Company Information:

[Para 1.1] Actvyt (Pty) Ltd herein referred to as ActVyt (defined as “we”, “us” and/or “our”) is a business in the heatlh and fitness industry that hosts hiking events in South Africa.

[Para 1.2] This website is run by Actvyt (sole trader / private company /close corporation) based in South Africa trading as ActVyt and with registration number 2014/045079/07 (Director(s)/Member(s)/Owner(s)).

[Para 1.3] Company Physical Address: No 5, Geneva street, Mandalay, 7785 Email: hike@actvyt.co.za Telephone: 061 440 9995

[Para. 2] Purpose:

[Para 2.1] This Privacy Policy is applicable to your use of the Website (as defined below) and contain exclusions and limitations of the legal responsibility (liability) of Actvyt and impose legal obligations on you.  By using the Website, you indicate your acceptance of and agreement to the Privacy Policy.  Please read the Privacy Policy carefully.  It is suggested that you print a copy of this Privacy Policy and keep it for your records.

[Para. 3] Our Commitment:

[Para. 3.1] ActVyt is committed to protecting and respecting your privacy. This Privacy Policy sets out the basis on which any personal information ActVyt collect from you, or that you provide to us, will be used, stored and processed by Actvyt (“Collect “).  In adopting this Privacy Policy, ActVyt wishes to balance our legitimate business interests and your reasonable expectation of privacy.

[Para 3.2] ActVyt will take reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information.  However, ActVyt do not guarantee that your Personal Information shall be 100% secure.

[Para 3.3] 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). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

[Para. 4] Your agreement with us:

[Para. 4.1] By continuing to use the Website which is accessible at [www.actvyt.co.za] (” Website “), you agree to the terms and conditions set out in this Privacy Policy.  You agree that ActVyt may Collect Personal Information for the purposes of providing you with access to our Website and for any of the purposes listed at paragraph 5 below. If you do not agree with this Privacy Policy, please do not continue to use the Website and/or to provide us with any Personal Information.

[Para. 5] What types of Personal Information do we Collect?

[Para 5.1] The types of Personal Information that ActVyt may Collect includes information necessary for our legitimate business interests and categories of personal information identified in relevant data protection laws in the Republic of South Africa, including the Protection of Personal Information Act, 2013 (” POPI “). The types of personal information include identifiable information such as your first and last name, your ID, your email address, postal address, cellphone number, date of birth, medical conditions and next of kin. (” Personal Information “). ActVyt may also Collect other information, including your interests, and dietary requirements. ActVyt may on occasion combine Personal Information we receive from publicly available records and information you disclose to carefully selected third parties to develop a customer profile relating to you. ActVyt will attempt to limit the types of Personal Information we Collect to only that to which you consent (for example, in the context of online registration, message boards, surveys, and polls) and which is necessary for our legitimate business interests. When you visit our Website, our web server also automatically records the name of your ISP (Internet Service Provider), the website from which you visit us, the pages on our sites you visit and in what sequence, and the date and length of your visit. This information is aggregate and anonymous data and does not identify you specifically.

[Para 6] How does ActVyt use your Personal Information?

[Para 6.1] Actvyt may use your Personal Information to:

[Para 6.1.1] provide services and products that you request (e.g. send you by email or other electronic means of industry related newsletters, news or other products, services or news in which you express an interest); inform you of changes made to our Website or this Privacy Policy; inform you of products, services, offers, promotions and promotional competitions (whether SMS or email) which you may find interesting, subject to paragraph 6 below; respond to any queries or questions that you may have; develop an online customer profile; understand general customer trends and patterns so we can develop and support existing and ongoing marketing strategies for our products and services; and for security, administrative and legal purposes.

[Para 6.1.2] Where you choose to receive mobile services and content via SMS, MMS and other mobile services, ActVyt uses this information to deliver such mobile services and content to you, to carry out market research, to track sales data and to plan other promotional activities which may be of interest to you.

[Para. 7] What about Personal Information that is publicly available?

[Para 7.1] If at any time our Website offers any chat rooms, message boards, blogs, newsgroups or forums, etc., ActVyt only Collect the information that you disclose. Such information will be used in accordance with this Privacy Policy. Please note that we are not responsible for other parties’ use of the Personal Information which you make available to such third parties through any chat room, message board, blog, newsgroup or forums, etc. on our Website.

[Para. 8] Will my Personal Information be used for marketing purposes?

[Para 8.1] Provided that you have given us prior consent, ActVyt may use your Personal Information for the purposes of:

[Para 8.1.1] marketing of our own products or marketing of products and services on behalf of selected third parties, if you have agreed to your details being passed onto third parties. This would include the provision of industry related newsletters, news or other products, services or news in which you express an interest, via any form of electronic communications (such as email and/or SMS).

[Para 8.1.2] You are entitled to request that ActVyt does not use your Personal Information for the purposes described in paragraphs 8.1.1 and you may opt-out from receiving any further marketing, newsletters or any other information which might be of interest to you at any time.

[Para. 9] What security measures are in place to protect my Personal Data?

[Para 9.1] Although absolute security cannot be guaranteed on the Internet, ActVyt has in place reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Collect. While ActVyt cannot ensure or warrant the security of any Personal Information you provide us, ActVyt will continue to maintain these security measures over time in line with legal and technological developments as required by applicable law, including POPI.

[Para. 10] How will ActVyt store my Personal Information?

[Para 10.1] ActVyt will store your Personal Information in the Republic of South Africa, and we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction. Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy.

[Para. 11] Will my Personal Information be shared with anyone else?

[Para. 11.1] Third parties: ActVyt may disclose Personal Information about you to other third parties to comply with applicable laws and regulations. ActVyt also reserve the right to disclose such Personal Information to third parties where a complaint arises concerning your use of our Website and where ActVyt believes, in our sole discretion, that your use of our Website is inconsistent with the Privacy Policy. ActVyt also shares information about users of this Website in an anonymous or aggregate form (this means that your Personal Information will be de-identified) with third parties including advertisers and business partners, to understand customer trends and patterns and manage and improve our business relationships. ActVyt provides your Personal Information to third party processors to administer and process for the purposes notified to you in this Privacy Policy, and ActVyt may also share such details with carefully selected third parties (such as auditors or legal advisors) to obtain professional advice. Any such processing will be governed by an agreement in the form required by law, preserving any and all of your statutory data protection rights.

[Para. 12] Links, advertisers, promotions, third party sponsors & ad-servers: Our Website may contain links to other websites that are not covered by this Privacy Policy and where information practices may be different from ours (” Third Party Websites “). Users should consult the other sites’ privacy policies and data protection statements on such Third-Party Website before submitting any Personal Information, as ActVyt is not responsible for and have no control over Personal Information that is submitted to, or collected by, these Third-Party Websites. On this Website, we sometimes offer content or programs that are sponsored by or co-branded with identified third parties (e.g., competitions or promotions). These third parties can obtain Personal Information that you voluntarily submit to them to make use of the offer. ActVyt not responsible for the collection and use of your Personal Information by these third parties. However, you will be informed, at the point of collection of such personally identifiable information, if these third parties will obtain such information, how it will be processed and to whom it will be transferred. On our Website, third parties may present or serve advertisements, provide us with data collection, reporting and ad response measurement, as well as assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by ActVyt’s Privacy Policy.

[Para.13] Use of Cookies and Web Beacons

ActVyt may send ” cookies ” to your computer or use similar technologies to enhance your online experience at our Website and across the Internet. Cookies make surfing the web easier for you by saving your preferences and, tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard. ActVyt may place a “cookie” on your browser to store and sometimes track information about you. We may also use “web beacons ” that monitor your use of Website. Web beacons (or web bugs) are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacons appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our email. On their own, cookies or web beacons do not contain or reveal any Personal Information. You may change the settings on your browser to refuse or prevent the use of ” cookies ” or ” web beacons “:

cookies: while most browsers are initially set up to accept cookies you can reset your browser to refuse all cookies or indicate when a cookie is being sent; web beacons: by setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons.

However, it is important to note that certain areas of our Website can only be accessed in conjunction with cookies or similar devices.

[Para. 14] Use of the Website by children

This Website is accessible to children under the age of 18. ActVyt require children to consult with their parents before providing Personal Data.  ActVyt also encourages parents to supervise their children’s online activities by, for example, adopting parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other Personal Data without parental permission. ActVyt encourages parents to talk to their children about the use of the Internet and information they disclose to websites.

[Para. 15] Changes to this Privacy Policy

From time to time, ActVyt may revise this Privacy Policy to reflect company initiatives, changes in the law or technology or changes in our practices regarding the collection and use of Personal Information. If we decide to change this Privacy Policy, the changes will be posted on this Website so that you are always informed of the latest version. ActVyt will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones described above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.

[Para.16] Governing law

The contents of this Privacy Policy shall be governed by the laws of the Republic of South Africa. If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case you may contact ActVyt at hike@actvyt.co.za

[Para. 17] How can I contact ActVyt and find out what Personal Information ActVyt holds about me?

To see the Personal Information, ActVyt has collected through our Website that relates to you, to cancel it and/or to correct or update this Personal Information, please email us at hike@actvyt.co.za . In addition, we will always give you the opportunity to update your preferences regarding our use of your Personal Information. If you have any questions or comments about this Privacy Policy please feel free to contact us at hike@actvyt.co.za .

[Para. 18] Liability

[Para. 18.1] ACKNOWLEDGEMENT OF ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF ACTVYT PTY LTD. The participant acknowledges that the Personal Training & Fitness:

[Para 18.1.1] Assessment/Fitness Classes/hiking hereunder includes participation in strenuous physical activities, including but not limited to, aerobic dance, running, outdoor fitness activities, weight training, stationary bicycling, and various aerobic conditioning machines (the “Physical Activities”);

[Para.18.1.2] The participant acknowledges these physical activities involve inherent risk of physical injuries or other damages, including, but no limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and other illness, soreness, or injury caused during or after participating in the Physical Activities;

[Para. 18.1.3] The participant further acknowledges that such risks include but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over exertion of a person, slip and fall or an unknown health problem of a client, agrees to assume all risk and responsibility involved with participation in the Physical Activities;

[Para 18.1.4] Every participant must affirm that they are in good physical condition and do not suffer from any disability that would prevent or limit participation in the Physical Activities;

[Para. 18.1.5] Every participant should acknowledge that participation will be physically and mentally challenging, and that it is your responsibility to seek competent medical or other professional advice regarding any concerns involved with the ability your ability to take part in the Physical Activities;

[Para. 18.1.6] By signing this Agreement, you agree that you are capable of participating in the physical activities.

[Para. 18.1.7] Every participant agrees to assume all risk and responsibility for exceeding his or her own physical limits;

[Para 18.1.8] Each participant, assigns the next of kin, and agrees to fully release ActVyt (as well as any of its owners, related entities, employees or other authorized agents, including Independent Contractors) from any and all liability, claims and/or litigation actions that Member may have for injuries, disability or death or other damages of any kind, including but not limited to punitive damages, arising out of participation in the Physical Activities, including but not limited to the Personal Training/Nutritional Program/Catering, consumption, handling or supply of goods, trips, and excursions/expeditions of any nature whatsoever and the Physical Activities, even if caused by the negligence, intentional acts or omissions and/or any other type of fault of ActVyt and its owners, employees or other authorized agents including Independent Contractors;

[Para 18.1.9] Participants under age 18 must present to the guide a written letter from their legal guardian granting permission to participate in the event.

[Para 19] Booking

[Para 19.1] Registration should be done as early as possible. According to the capacity of the hike registration will be accepted or not.

[Para 19.2] Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Actvyt bank account, the details of which will be provided on request.

[Para 19.3] Booking confirmed upon receipt of payment. Once the payment is received, the cancellation policy is in effect and it is implied and accepted that you have read and understood all the booking information and conditions and agree to abide by them.

[Para 19.4] Once the guide has payment has been accepted, there is a binding contract between the client and the guide.

[Para 19.4] Subject to availability and receipt of payment, requests will be processed within 3-5 days and delivery confirmed by way of email. (for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)

[Para 19.5] Card transactions will be acquired for Actvyt via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

[Para 19.6] Customer details will be stored by Actvyt separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

[Para 19.7] The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

[Para 19.9] Actvyt takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

[Para 20] Return and Refund Policy

[Para 20.1The provision of goods and services by Actvyt is subject to availability.

[Para 20.2] The guide reserves the right to cancel any Physical Activity because of causes that makes it infeasible for the scheduling of the event/session (conditions on the mountain, bad weather conditions, unforeseen circumstances, illness or injury). If this is the case, you will be informed within 24 hours prior to trip start date. In the event of this occurring, you will be offered 80% refund of the entry fee but the guide and ActVyt takes no responsibility for any other fees that the client has incurred.

[Para 20.3] If you wish to cancel your booking, you have to inform the guide well in advance. The following conditions will apply, according to when you inform the guide:

[Para 20.4] Day Hikes:

[Para 20.4.1] No refunds on cancellation less than 30 days from hike date. However, if notice is received 30 days prior to the event date, you will receive 80% refund. All requests for refunds must be sent to hike@actvyt.co.za in writing by the person who made the payment.

[Para 20.4.2] Overnight Expeditions:] No refunds on cancellation less than 30 days from expedition. However, if notice is received 30 days prior to the expedition, you will receive 50% refund. All requests for refunds must be sent to hike@actvyt.co.za in writing by the person who made the payment.

[Para 20.4] During a hike or session, once a hike or session has begun, no refund will be given. If the session/hike has been started and cannot be completed (because of bad weather conditions, weak physical condition of the group by example), there will be no refunds.

[Para 20.5] Payments are not refundable based on itinerary changes.

[Para.20.6] You have 14 business days to return an item from the date you received it.

[Para 20.6.1] To be eligible for a return, your item must be unused and in the same condition that you received it.

[Para 20.6.2] Your item must be in the original packaging.

[Para 20.6.3] Your item needs to have the receipt or proof of purchase. Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

[Para 20.6.4 If your return is approved, we will initiate a refund to your credit card/debit card (or original method of payment).

[Para 20.6.5] You will receive the refund within 3 – 7 business days, depending on the bank you are using.

[Para 21] Delivery

[Para 21.1] You will be responsible for paying for your own delivery costs for returning your item.

[Para 21.2] Delivery costs are non- refundable.

[Para 21.3] If you receive a refund, the cost of return shipping will be deducted from your refund.

[Para 21.4] If you have any questions on how to return your item to us, contact us at hike@actvyt.co.za

[Para 22] Release indemnity

Each participant agrees that any legal action, remedy or liability that you seek to obtain for actions or omissions of the guide will be limited to a claim against the guide, instructor or any other person, including third parties who caused you harm at the exclusion of ActVyt to the fullest extent permitted by applicable law.

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