These terms and conditions stipulate the rules and regulations for the use of Imbabali Retreat & Venue websites.
Our website can be accessed at: https://imbabali.co.za
By accessing this website, it will be accepted that you accept the subsequent terms and conditions as stipulated below. It is therefore also expected and strongly advised that you will not make use of this website if you fail or refuse to comply with all the terms and conditions stipulated for the usage of Imbabali Retreat & Venue website.
Many features of the website may be used by anyone of any age, however only users above the age of 18 (eighteen) may use the services or provide their personal information to us for processing. If you are under the age of 18 (eighteen), then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these terms and to be liable and responsible for you and all your obligations under these terms.
We collect personal information from you. We will handle the collection, processing, and storage of your personal information in accordance with our Privacy Policy. By disclosing or submitting your personal information to us, you consent to us collecting, processing, and storing your personal information for the purposes described in our Privacy Policy.
We may update our website, any content on it, these website terms, from time to time in our discretion. Each time you use the website or our services, it is your responsibility to review these website terms in case of any such updates or amendments. If you do not agree to these updates, you must not continue to use the website or our services.
The following terminologies represent the following parties involved regarding the Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer or Client”, “You” and “Your” refers to you, the person making use of this website and consenting to the Companies terms and conditions. “The Company”, “Imbabali Retreat & Venue”, “We”, “Ourselves” and “Us”, refers to our Company “Imbabali Retreat & Venue”. The term or terms “Party”, “Parties”, or “Us”, refers to the Client “You” and “Ourselves” “The Company”, or either the “Client” or “Ourselves”. All terms and conditions reference the offer, acceptance, and consideration of compensation necessary to carry out the process of the company assisting the Customer or client in the most suitable manner by any possible means, for the purpose of satisfying the Client’s needs in respect of provision of the Companies stated services or products, in adherence and accordance with and subject to, prevailing law of South Africa.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We do not guarantee that our website, or any content on it, will always be 100% accessible, virus-free, or uninterrupted. We will not be liable (legally responsible) to you if, for any reason, our website, or the services accessible on our website are unavailable at any time or for any period.
Accuracy of information
Whilst we make all reasonable steps and precautions to ensure the accuracy of all of the content we make available on our website, the content is intended for general information purposes only. It is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature.
You understand and agree that our content may also change from time to time. The website may therefore not always contain the correct or most up-to-date information, details, and descriptions and to the extent allowed by law, we make no representations, warranties, or guarantees, whether express or implied, that our content is accurate, complete or the most up to date.
License
Unless stated otherwise, Imbabali Retreat & Venue and/or its licensors are the intellectual property rights owners for all the material found on Imbabali Retreat & Venue. All intellectual property rights are strictly reserved. Users are restricted to the act of printing or viewing content material on imbabali.co.za for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from imbabali.co.za
- Sell, rent or sub-license material from imbabali.co.za
- Reproduce, duplicate, or copy material from imbabali.co.za
Redistribute content or material from Imbabali Retreat & Venue (unless the content is specifically made for the purpose content and material redistribution).
All rights (including all Intellectual Property Rights), in all material and content (including, but not limited to, text, images, web pages, sounds, web page layout, user interface, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the website are owned or licensed by Imbabali Retreat & Venue.
You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these website terms. For purposes of these website terms, "Intellectual Property Rights" shall mean any patents, rights to inventions, copyright and related rights, moral rights, trademarks, service marks, logos, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, scripts, graphics, photos, sounds, music, videos, interactive features and the like, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
We reserve all rights (including all Intellectual Property Rights) not expressly granted herein to the website and the content we make available on or via the website.
You agree to not engage in the use, copying, or distribution of any of the content other than as expressly permitted by us, including any use, copying, or distribution of content of third parties obtained through the website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content.
Any reproduction, modification, creation of derivative works from or redistribution of the website, the content, or the collective work or compilation is expressly prohibited. Copying or reproducing the website, the content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
Hyper linking to our content
1. The following organizations are permitted to link to our website without pre-written approval:
- Search engines.
- News organizations.
- Government agencies.
- Online directory distributors when they list us in the directory, are permitted to link to our website in the same way as they hyperlink to the websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
2. These organizations may link to our home page, to publications or to other website information so long as the link:
- is not in any way misleading.
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail
3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union.
- com community sites.
- associations or other groups representing charities, including charity giving sites,
- online directory distributors.
- internet portals.
- accounting, law, and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
- the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link).
- the organization does not have an unsatisfactory record with us.
- the benefit to us from the visibility associated with the hyperlink outweighs the absence of a link is in the context of general resource information or is otherwise consistent with the editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other website information so long as the link:
- is not in any way misleading.
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services.
- fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 3 above and are interested in linking to our website, you must notify us by sending an e-mail
Approved organizations may hyperlink to our website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Imbabali Retreat & Venue logo or other artwork will be allowed for linking absent a trademark license agreement.
Iframes
Without preapproval and an express written permission, you are not permitted to create frames around our Companies Web pages or use other means that alter in any way the visual appearance or presentation of our website.
Reservation of Rights
We hold the right at any given time and in its sole discretion to demand that all links or any particular link on our website be removed by you should it be required. You agree to without delay, to remove all links to our website upon such request. We also hold the right to alter these terms and conditions and it’s linking policy at any given time. By continuing to link to our website, you consent to being bound to and adhere to these linking terms and conditions.
Removal of links from our website
If you happen to find any link on our website or any linked website objectionable for any reason, you are entitled to contactus regarding this. We will consider the requests to remove said links, however we have no reserve and obligation to do so or to respond directly to you.
Whilst we are inclined to ensure that the information on this website is correct, we do not warrant its completeness or infallibility of accuracy; neither do we commit to ensuring that the website remains available or that the content or material on this website is kept up to date.
Content Liability
We bare no responsibility or liability for any content that may appear on your website. You completely agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence.
- limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
- are subject to the preceding paragraph.
- govern all liabilities arising under the disclaimer orin relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Neither us nor any of our affiliates, successors, assigns, service providers, suppliers, employees, or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website or the services or content provided from and through the website.
No provision of these website terms:
does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; andrequires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
Cybersecurity and hacking prevention Imbabali Retreat & Venue is dedicated to maintaining the confidentiality, integrity, and availability of its guests' data. In the face of increasing threats of hacking and cyber-attacks, Imbabali Retreat & Venue shall: a) Implement and maintain **robust cybersecurity measures** to prevent hacking, including but not limited to firewalls, intrusion detection systems, and regular security audits.b) Ensure that all sensitive data, including personal and payment information, is encrypted using **commercially reasonable cryptographic protection methods** to deter hacking attempts.c) Conduct regular training for staff on best practices for preventing hacking and responding to cyber incidents.d) Conduct regular training for staff on best practices for preventing hacking and responding to cyber incidents.e) Engage in continuous monitoring to detect and respond to any signs of hacking promptly, minimizing potential damage.f) Collaborate with cybersecurity experts to update hacking prevention strategies and respond to any incidents. Guests are also encouraged to protect their own data and report any suspicious activity that may suggest hacking attempts to Imbabali Retreat & Venue Management immediately. Imbabali Retreat & Venue employs stringent cybersecurity measures to safeguard the personal and financial information of its guests from hacking. Despite our efforts, no method of transmission over the Internet or method of electronic storage is completely secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.By agreeing to the terms and conditions, guests acknowledge that Imbabali Retreat & Venue cannot be held liable for any hacking incidents that may occur despite our best efforts to prevent them.
Event tickets: cancellations and refunds
- Only cancellations 48 hours prior to the event will be accepted. Notice of cancellation must be emailed to
This email address is being protected from spambots. You need JavaScript enabled to view it. - It is important to note that in certain instances, we shall retain the money you pay to us and pay it over to the Event Organiser following the conclusion of the event. In all other instances, the Event Organiser is the final recipient of the money. Notwithstanding these two instances, the cancellation and refund process operates in the same manner however, in the event that money becomes owing to you arising from a cancellation or refund, the payer may vary depending on whether the monies are being held by us or the Event Organiser.
- Once the details of your booking have been reinserted into the system, you will be refunded the face value paid for the relevant tickets. You may be liable for cancellation charges as determined either by us or by the Event Organiser which may be deducted from your refund. The following cancellation charges may apply:
- If the cancellation occurs more than 30 days prior to the event a 25% cancellation fee will apply.
- If the cancellation occurs less than 30 but more than 7 days prior to the event a 50% cancellation fee will apply.
- If the cancellation occurs less than 7 days prior to the event a 75% cancellation fee will apply.
- In the event that you can provide us with documentary proof that a person in whose name a ticket was booked will not be able to attend the event because of his / her death or incapacity, we will not levy a cancellation fee in respect of that person’s ticket.
It falls exclusively in the domain of Event Organisers to do the following:
- refuse admission to events,
- alter the program or seating arrangements for events,
- postpone or cancel events in certain circumstances.
In each of the above instances, the Event Organiser may offer a full refund, a partial refund, or an exchange of tickets and we take no responsibility in respect of that process. Any refund will be at the discretion of the organiser and depending on the circumstance may deduct booking fees or reasonable costs incurred to date. No refund will apply if you are refused admission to the event or fail to qualify for attendance.If an event is cancelled or postponed, and depending on the circumstance mentioned above, we or the Event Organiser shall provide a notice on the Event Organiser’s website or contact you to inform you of the relevant refund or exchange procedures for that event. Refunds shall be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
Please refer to the individual organisers ticket refund policy to view the event specific refund policy that applies.
Event liability disclaimer & rules
I acknowledge that by cycling, running, hiking, or walking on the Imbabali Retreat & Venue Trails involve risks, such as serious injury, illness, death and / or damage to participants, sport, and other equipment. (Cycling, also known as bicycling or biking, is the activity of riding a bicycle or other type of cycle)
- I appreciate and understand the risks involved in cycling, running, hiking, or walking and my participation in the sport.
- I accept these risks and confirm that I use the Imbabali Retreat & Venue Trails at my own and absolute risk. The landowners, funding partners, representatives, agents and / or staff involved in the trail management and maintenance do not accept any responsibility for any claim whatsoever arising from death, injury, or loss and / or damage to person or occasioned by cycling, running, hiking, or walking the Imbabali Retreat & Venue Trails.
- I accordingly hereby indemnify and hold harmless the parties to the fullest extent possible in law against any claims occasioned as a result of my participation on the Imbabali Retreat & Venue Trails.
- I confirm that I understand the meaning and importance of such disclaimer, the waiver of claims and indemnity and, that by agreeing hereto, I am waiving substantial legal rights (on my own behalf and on behalf of my dependants). I acknowledge that I have been free to secure independent legal and / or other advice as to the nature and effect of all provisions of this liability disclaimer, waiver, and indemnity and that I have either taken such independent legal action and / or other advice or dispensed with the necessity of doing so.
Physical condition:
Engaging in cycling, running, hiking, or walking requires a certain level of physical fitness and health. Entrants should ensure they are physically capable of handling the demands of the sport, which can include long hours of cycling, running, hiking, or walking, navigating challenging terrain, and enduring varying weather conditions.
Skill level:
Cycling, running, hiking, or walking encompasses a wide range of skill levels, from beginner trails to expert downhill courses. Participants should assess their own abilities and choose trails that match their skill level. Pushing beyond one's limits can lead to accidents and injuries.
Safety gear:
Wearing appropriate safety gear is essential in cycling, running, hiking, or walking. This typically includes a helmet, gloves, knee, and elbow pads when cycling, and appropriate clothing. Additional gear such as goggles, body armour, and hydration packs may also be necessary depending on the terrain and conditions.
Trail etiquette:
Respect for other trail users is crucial. Yielding the right of way, maintaining control of your bike, (if cycling) and minimizing environmental impact are all important aspects of trail etiquette.
Environmental responsibility:
Participants should strive to minimize their impact on the environment by staying on designated trails, avoiding sensitive habitats, and properly disposing of waste. Following "Leave No Trace" principles helps preserve natural areas for future generations.
In addition, entrants should strive to promote conservation, both by word and deed, of our natural (indigenous) and historical environment, which will include the protection of indigenous flora, fauna, soil, water, and buildings of historical significance, and to act in a responsible fashion with an emphasis on safety of members, and to respect the land and property of the landowners on whose ground they cycle, run, hike, or walk.
Legal considerations:
Participants should be aware of any regulations or restrictions governing cycling, running, hiking, or walking in the area, including trail access rules and land use policies. Entering private property without permission or violating any rules can result in fines or other penalties.
Only valid permit holders are allowed on the Imbabali Retreat & Venue Trails. Obey the instructions of marshals (if any) on the Trail and stay on the marked route only.
No quads, motorbikes and / or vehicles are allowed on the route, (excluding those of Imbabali Retreat & Venue Management and their staff)
Assumption of risk:
Like any outdoor activity, cycling, running, hiking, or walking carries inherent risks, including the risk of injury or death. These risks should be understood before participating in the event.
Emergency preparedness:
It's important for participants to be prepared for emergencies, including carrying a first aid kit, knowing basic wilderness first aid techniques, and having a plan for contacting help in case of injury or other emergencies. If you take part alone, tell a friend or family member where you plan to be.
Respect for nature and wildlife:
Be mindful of both wild and domestic animals on or around the Imbabali Retreat & Venue Trails. Avoid disturbing animals, stay on designated trails to minimize habitat disruption, and be aware of seasonal closures or sensitive areas. No Litter / No Smoking / No fires / No Shouting / No Loud Music is allowed.
Personal liability:
Participants are responsible for their own safety and well-being whilst cycling, running, hiking, or walking. This includes assessing trail conditions and maintaining equipment.
Property & lodging disclaimer
By agreeing to use or receive any of the offered products and services provided by Imbabali Retreat & Venue, you accept that Imbabali Retreat & Venue will not be held responsible for any Death or Injury incurred during the use or reception of our services and products.
You also accept that should Death or Injury occur as a result of any other occurrences while on the property, that Imbabali Retreat & Venue / Any associated or affiliated companies or its inhabitants will not be held responsible by any means whatsoever.
By entering the property or engaging in any business transaction on this website, you accept full responsibility for the actions of yourself and any accompanying heirs, representatives or assigns and that you enter the property premises at your own risk.
You also waive, release, and indemnify that you will undertake not to sue Imbabali Retreat & Venue and all its interested stakeholders / affiliated companies or inhabitants, who shall be absolved of any responsibility for death, illness, injury, theft, loss, or damage of any kind sustained on the premises or deemed to have arisen as a result of being on the premises.
General
- These website terms and the relationship between us shall be governed and construed in accordance with the laws of South African.
- Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
- Any disputes arising in connection with these Website Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in Johannesburg, Gauteng, South Africa.
- Our or your failure to exercise or enforce any right or provision of the website terms shall not constitute a waiver of such right or provision.
- Save as otherwise provided, no provision of these website terms constitutes a stipulation for the benefit of a third person which, if accepted by the person, would bind any party in favour of that person.
- The termination of any contract created by these website terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these website terms which is expressly or by implication intended to come into or continue in force on or after such termination.
- If any term or condition contained in these website terms is declared invalid, the remaining terms and conditions will remain in full force and effect.
- You may not cede, assign, or otherwise transfer your rights and obligations in terms of these website terms to any third party.
- You may terminate these Website Terms at any time by ceasing to use the website or the content and destroying all materials received or downloaded from this website.
- If these website terms (or any contract governed by these website terms) or the services provided and/or made available on the website are regulated by or subject to the South African Protection of Personal Information Act No. 4 of 2013 (“POPI”), as amended. It is not intended that any provision of these terms contravene any provision of the POPI act. Therefore, all provisions of these website terms must be treated as being qualified, to the extent necessary, to ensure that the provision of the POPI act is complied with.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below:
Address:Plot RH27, R560 Hekpoort Road, Hekpoort, Krugersdorp, 1790
Tel:+27 83 311 1146
Email:
All content on the site is supplied as is and is subject to copyright laws in South Africa and other countries. Please contact us to make use of any materials listed on our website. E&OE.