[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: [email protected] Telephone: 061 440 9995
[Para. 2] Purpose:
[Para. 3] Our Commitment:
[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. 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 6.1.2] 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. 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. 11] Will my Personal Information be shared with anyone else?
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.16] Governing law
[Para. 17] How can I contact ActVyt and find out what Personal Information ActVyt holds about me?
[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 [email protected] 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 [email protected] 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 [email protected]
[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.