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Terms and

Conditions

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MBIZANE TERMS & CONDITIONS: BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.

1. ABOUT OUR TERMS AND CONDITIONS


1. These terms and conditions together with our Privacy Policy will form a written contract between you and Mbizane Boerdery (Pty) Ltd, t/a Mbizane Escarpment Retreat and will govern our relationship and your use of our Platforms and/or Services, or access our premises. When we refer to "Platforms" we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us. "Services" refer to any products, goods, services or functionality offered, owned or operated by Mbizane.


2. The general use of our Services, Platforms and any Content on our Platforms is governed by our Terms, which you can access at any time from our website at www.mbizane.com


3. "Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.


4. We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.


5. Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.

2. CONTENT ON OUR PLATFORMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS

Our Content
1. Mbizane owns or is entitled to use all of the Content made available on our Platforms or through our Services.
2. You may not, unless with our express consent – 1. reproduce, publish, perform, broadcast, make an adaptation of, sell, lease,
offer, expose or otherwise transfer or use for commercial purposes any Content; 2. decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered; 3. incorporate the Content into any other content for whatever purpose; 4. remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content.

3. You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services
4. Mbizane will own all compilations, collective works or derivative works created by us which may incorporate your Content.
5. You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
6. Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.

Third Party Content

7. Our Platforms or Services may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content "Third Party Content".
8. You acknowledge that the Third Party Content – 1. is beyond the control of Mbizane and that any reliance on any representation, statement or information contained in Third Party Content is at your risk; 2. cannot be verified by Mbizane, and that Mbizane cannot be expected to determine its accuracy or reasonableness; and 3. may contain representations, statements or information which does not represent the views, opinions or beliefs of Mbizane, its associates, directors or employees.

3. RETURNS
1. Mbizane's policy in respect of exchanges, returns and refunds depends on the type of Services you purchase from us and the policy of the manufacturer or supplier thereof.
2. Where the Consumer Protection Act, No. 68 of 2008 ("CPA") applies to you, Mbizane's policy in this regard will comply with the requirements of the CPA in relation to exchanges, returns and refunds.
3. Where the CPA applies to you and/or the Services in question, Mbizane will provide the warranties, undertakings and assurances as required under the CPA, but subject to any limitations and restrictions as allowed under the CPA.
4. You may be entitled to certain cooling-off rights. In other words, certain products may be returned within fourteen days of receipt for a full refund. Please note that cooling-off rights will not apply to the following products, where no returns or
refunds will be allowed: 1. Foodstuff, beverage or other goods intended for everyday consumption; 2. Goods made to your specifications or personalised goods; 3. Books, magazines or newspapers; 4. the provision of accommodation, catering (like our restaurant services) or leisure services (like our spa, workshops and wine tasting services); and 5. vouchers and discount coupons.

4. PAYMENT
The following payment methods are available in our online store: 1. Credit card: Your credit card will be charged when completing the purchase.
2. EFT: If you pay via direct bank deposit or electronic funds transfer, payment must be made within 4 (four) days of placing your order. Mbizane will not execute the order until receiving confirmation that payment has been received.

5. VOUCHERS
1. All Mbizane vouchers purchased from us or our suppliers or agents are governed by these Terms.
2. No exchange, refund or change will be given for vouchers.
3. Vouchers may only be redeemed for the specific Services described on the voucher.
4. Vouchers are valid for the duration stipulated thereon. However, price increases may affect the value of your voucher. You or the recipient of the voucher will be liable to pay the difference between the voucher value and the increased price at the time of presenting the voucher.
5. We will not re-issue damaged, lost or stolen vouchers.

6. DISCOUNT CODES
1. We may from time to time make discount codes available for redemption against Services offered for sale on our Platforms (“Discount Codes”).

2. Discount Codes are governed by these Terms. We may without any prior notice to you change and/or discontinue the availability of such offer. No more than one Discount Code per person may be used and each Discount 1 Code may only be redeemed once. Only one Discount Code may be used per purchase. Discount Codes are not transferable. Unless otherwise stated, a Discount Code may not be used in conjunction with any other special offer or promotion. Discount Codes cannot be redeemed against previous purchases. Your use of a Discount Code may be subject to additional criteria. Discount Codes cannot be exchanged for cash and no change will be given for Discount Codes. Discount Codes may only be redeemed for the specific product or Services to which it relates. Discount Codes are only valid for a limited period, which we will communicate to you.
We will not re-issue damaged, lost or stolen Discount Codes.

7. MINORS
The alcohol-based goods we offer are exclusively for adults. We shall therefore only sell and deliver alcohol-based goods to legally competent persons over the age of 18 and may request appropriate proof of age. The necessary order details - such as name, address, date of birth - must be complete and truthful.

8. COMMUNICATIONS
You agree that Mbizane or its affiliates may from time to time send you communications regarding new services or products launched or special offers or discounts which Mbizane may negotiate for and offer to its users or customers. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications.


9. HOW TO RESOLVE A DISPUTE WITH US
We offer the following process to help you resolve a complaint or dispute you may have with us: 

1.Contact our customer support department Any queries or complaints in relation to our Platforms or Services can be submitted to us by contacting us at info@mbizane.com or any of the numbers found on our Platforms.
2. Send us a notice of a legal dispute. Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a complaint before you approach any relevant authority, court or other dispute resolution body, or refer the matter to arbitration as contemplated below. Please direct all legal disputes to bookings@mbizane.com
3. Arbitration: You may approach any other relevant authority or dispute resolution body or refer the matter to arbitration as set out below for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by Mbizane.
4. You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”). Such arbitration shall be held in Sandton and conducted in the English language before one arbitrator.
5. The arbitrator will be appointed by agreement between you and Mbizane, but failing agreement being reached between us on which arbitrator to appoint within seven business days of the dispute arising, either of us would be entitled to approach AFSA with a request to appoint an arbitrator for the matter.

6. Any award by an arbitrator will be final and not subject to appeal. This agreement to arbitrate shall be enforceable, and judgement upon any award may be entered, in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

7. The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
8. The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency. You must send any notice or legal process relating to the Terms to the following
address: bookings@mbizane.com and to Mbizane’s physical address for accounting and legal matters.
9. Any payment default by you arising from, or in connection with, your use of our Platforms or Services, will be excluded from the provisions of this clause and Mbizane will be entitled to proceed to institute legal action against you.

10. THIRD PARTY GOODS, SOFTWARE AND SERVICES
1. We may offer services or products of third parties, or our Services in conjunction with that of third parties.
2. We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
3. If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or
service provider.
4. When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that 1. we are not a party to the contract between you and the third party; 2. we are under no obligation to monitor the third party service used by you; 3. the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees; 4. you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.

11. AVAILABILITY
1. While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.

2. Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

12. SECURITY AND PRIVACY
1. We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services.
2. You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
3. We take reasonable steps to secure your payment information. We use a payment system that is in our reasonably opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
4. Mbizane will deal with your personal information in accordance with the provisions of our Privacy Policy.

13. DISCLAIMER AND LIMITED LIABILITY
1. You use our platforms and services and enter our premises at your own risk.
2. You appreciate the ambit and extent of the risk of using Mbizane’s platforms and services and of entering its premises, and you hereby voluntarily consent to assume the risk of any loss, injury or or damage that may be caused to you and those that
accompany you to Mbizane’s premises.
3. You undertake not to hold Mbizane, its directors, shareholders, employees, agents or representatives liable for any injury, loss or damage suffered of any nature, from whatsoever cause and howsoever arising, by you and any persons in your group or your company.
4. All persons who enter Mbizane’s premises or who use its the amenities do so at their own and sole risk, and you and any persons in your group or company hereby indemnify Mbizane, its directors, shareholders, employees, agents or representatives
against any claim whatsoever and howsoever arising.

5. While we endeavour to ensure that the information on our platforms is correct, we do not warrant the accuracy and completeness of content on our platforms or that the content and technology available from our platforms, products or services are free from defects, errors or omissions.
6. We may make changes to the content on our platforms or services at any time without notice. The content on our platforms or services may be out of date, and in this regard, we make no commitment to update such content.
7. To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from your use or inability to use our Platforms, Services or Content.
8. Our Platforms, services are supplied on an "as is" basis and have not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the services available on or through our Platforms will meet your individual requirements.
9. Information, ideas and opinions expressed on our Platforms should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our platforms.
10. Submissions of content (like contribution to blogs, comments on articles posted), postings of any kind to our platforms and e-mails sent to our platforms are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).

14. GENERAL TERMS
1. These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
2. No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms.

3. Mbizane may transfer its rights and obligations under the Terms to a third party without your consent.
4. You may not transfer your rights and obligations under the Terms to a third party without the consent of Mbizane.
5. If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the
remaining provisions of the Terms.
6. All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
7. The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the
exclusive jurisdiction of the courts of the Republic of South Africa.

15. CANCELLATION POLICY

Effective as of 1 December 2023

When you make a booking at Mbizane Escarpment Retreat, we reserve the tent for you and we decline all further requests for that tent.  Before your visit we start preparing for you and looking forward to your arrival to be fully of service to you.

However, we understand that sometimes plans do change, and that your reservation may need to modified or even cancelled. Please therefore read our cancellation policy carefully:

  1. No Refunds on Cancellations or No-Shows: Please note that we do not offer refunds for any cancellations or no-shows, under any circumstances. This policy is in place to ensure the optimal allocation and utilisation of the resources that we tender.

  2. Reservation Confirmation: Your reservation is confirmed upon receipt of full payment. The confirmation of your booking indicates your acceptance of this no-refund policy.

  3. Modification of Reservation: If you need to modify your reservation dates, please contact us at least 7 days before your scheduled arrival. We will make every reasonable effort to accommodate your request based on availability, but we cannot guarantee that we can accommodate you on the dates that you may be requesting as alternative dates.

  4. Extenuating Circumstances: In exceptional cases, such as personal or family trauma, natural disasters or other unforeseeable events that preclude you from arriving on the reserved date, we will review the situation on a case-by-case basis. However, this does not guarantee a refund or credit.

  5. Contact Information: For any queries or modifications related to your reservation, please contact us at info@mbizane.com

By making a reservation at Mbizane Escarpment Retreat, you are agreeing to our cancellation policy. We thank you for your understanding and look forward to welcoming you.

16. MORE ABOUT US
1. Mbizane Boerdery (Pty) Ltd (registration number 2015/358772/07) is a private company registered in the Republic of South Africa.
2. A list of officer bearers can be requested from bookings@mbizane.com
3. Our business physical address is situated at Mbizane Escarpment Retreat, C27 Sterkspruit Road, Schoemanskloof 1207, Mpumalanga.
4. Our accounting and legal department is based at Unit 207, 2nd Floor, The Village Square. Cnr. Oxford & Queen Streets, Durbanville, 7550, Western Cape.
T: +27 21 0200 444
Tel: 021 8631804
Our email address is: bookings@mbizane.com
Our website address is www.mbizane.com

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