a) By using this Website you accept the terms and conditions provided in this document.
b) “Website” means the website located at https://www.thornybush.com/ and any sub-domains operated by Thornybush, including any page, part or element thereof and furthermore all domain names linked to such website;
c) “Thornybush” means Inzalo Investment Holdings (Pty) Ltd a private company registered in terms of the laws of South Africa reg. no. 1992/002259/07;
d) “User” means any person who enters or uses the Thornybush website;
e) References herein to the singular include the plural and vice versa; and
f) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act, the fact that some or all the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
These terms and conditions govern the sale of goods and / or the provision of services from or through this Website. Access to the services, content, software and downloads available from this Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Thornybush has, amongst others, the duty to disclose the following information:
Inzalo Investment Holdings (Pty) Ltd trading as Thornybush, registration number 1992/002259/07
Thornybush Game Lodge
Thornybush Nature Reserve
1380, South Africa
PO Box 169
2128, South Africa
Telephone number: +27 11 253-6500
Official e-mail address: email@example.com
VAT registration number: 4590136257
Directors: Andrew Geoffrey Payne, Richard Charles MacDonald Napier, Glenn van Heerden, Trevor Jordan, Catherina Heunis.
Domicillium citandi et executandi:
Thornybush Game Lodge
Thornybush Nature Reserve
1380, South Africa
Subject to urgent and/or interim relief, all disputes regarding:
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final, and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and Client.
Thornybush licenses the User to view, download and print the content of this Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only;
Content from this Website shall not be used for any commercial and non -private purposes without the prior written consent of Thornybush;
Users may only access, browse and use this Website for legitimate personal or commercial purposes and may not use this Website or any Thornybush services and/or products for:
The caching of this Website shall only be allowed if:
If any User uses content from this Website in breach of the provisions detailed herein:
Thornybush shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Persons that wish to link to content beyond the home page of this Website shall do so at their own risk and indemnify Thornybush against any loss, liability or damage that may result from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Thornybush’s non-liability for deep linking considers that deep links bypass these terms and conditions;
Users may quote small and reasonable amounts of content available from this Website only if such quote is placed in inverted commas and acknowledged;
No person may frame this Website, in any manner whatsoever, without the prior
written consent of Thornybush;
Apart from bona-fide search engine operators and use of the search facility provided on this Website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from this Website for any purposes, without the prior written consent of Thornybush;
E-mail addresses, names, telephone numbers, and fax numbers published on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this Website may be used to communicate unsolicited communications to Thornybush and all rights detailed in Section 45 of the ECT Act are reserved; and
All licenses and/or permissions granted in terms of this clause 1 are provided on a non – exclusive and non- transferable basis and may be terminated or cancelled by Thornybush at any time without prior notice or giving reasons therefore.
All intellectual property on this Website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Thornybush and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on this Website are expressly reserved; and
No person may use logos, icons, or trade marks from this Website as hyperlinks or other purposes without Thornybush’s prior written consent.
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this Website and/or download content from this Website.
Thornybush reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
Thornybush shall take all reasonable steps to protect the personal information of Users and 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);
Thornybush may electronically collect, store and use the following personal information of users:
Thornybush collects, stores and uses the above-mentioned information for the following purposes:
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
Thornybush may collect, maintain and store any information collected from users, however, this information will never be shared or sold; it could, however, be disclosed to a third party if mandated to do so by a legal order from a South African court; and
Thornybush owns and retains all rights to non-personal statistical information collected and compiled by this Website.
Thornybush may provide hyperlinks to websites not controlled by Thornybush (target sites) and such links do not imply any endorsement, agreement with or support for the content of such target sites; and
Thornybush does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
Thornybush shall take all reasonable steps to secure the content of this Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Thornybush does not make any warranties or representations that content shall be 100% safe and secure;
Thornybush is under no legal duty to encrypt any content or communications from and to this Website and is also under no legal duty to provide digital authentication of any page on this Website;
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to this Website or the server and computer network that support this Website;
Notwithstanding criminal prosecution, any person who delivers any damaging code to this Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Thornybush harmless against all liability, damages and losses that Thornybush and its partners / affiliates may suffer as a result of such damaging code;
Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Thornybush reserves the right to claim damages from any persons concerned with a security failure or breach; and
Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Thornybush and its partners / affiliates.
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Thornybush (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
This Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with Thornybush, that the content available from and through this Website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Thornybush and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on this Website;
Thornybush does not make any warranties or representation that content and services available from this Website will in all cases be true, correct or free from any errors. Singita shall take all reasonable steps to ensure the quality and accuracy of content available from this Website; and
Thornybush does not make any warranties or representations that this Website shall be available at all times. Users acknowledge that this Website may be unavailable due to updates or other causes beyond the reasonable control of Thornybush, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God.”
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from this Website to the website administrator and the website administrator undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Thornybush’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to this Website, its staff and employees; and
The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
These terms and conditions constitute the entire agreement between Thornybush and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Singita from the User;
Any failure by Thornybush to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
The User and Thornybush agree that:
The User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters this Website for the first time;
Subject to the arbitration referred to above, this Website is hosted, controlled, and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use this Website, its content, services and these terms and conditions.
Thornybush shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
hereinafter referred to as “the Reserve”
which Reserve incorporates a number of properties owned by a consortium of private landowners who enjoy reciprocal traversing rights over each other’s Property/ies.