Terms of Use

AFRICAN SUN LIMITED

TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR SERVICES OFFERED VIA THIS WEBSITE BY AFRICAN SUN LIMITED

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. The use of this site amounts to acceptance of the terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website. African Sun Limited may at any time vary, amend, alter or modify these terms and conditions and your continued use of this website will be subject to the terms and conditions in force and effect at the time of your use. Your continued access to or use of the website shall be deemed to be your acceptance of the amended terms and conditions. Terms and conditions relating to special offers which are, from time to time, contained elsewhere on the website shall, to the extent that those terms and conditions conflict with the terms and conditions of this Agreement, take precedence over the conflicting provisions of this Agreement.

1.    Intellectual Property Rights

All intellectual property rights in all materials made available through this website are owned by African Sun, alternatively, African Sun is the lawful user thereof and is protected by both Zimbabwean and International Intellectual Property Right laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks(collectively ‘trademarks’) displayed on this website are registered trademarks of African Sun, alternatively African Sun are the lawful users of the trademarks. Nothing contained in this website should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademarks without the prior written permission of African Sun and these may not be used without permission. This website is solely for your personal and non-commercial use.

2.    Use of the Website

2.1    African Sun grants you a limited, non-transferable licence to use this site in accordance with the terms and conditions of this Agreement.

2.2    You may only use this site to make legitimate reservations or purchases and you shall not use this site for any other purposes, including, without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

2.3    You understand that overuse or abuse of reservation facilities of this website may result in you being denied access to such facilities, at the sole discretion of African Sun.

2.4    For any reservations or other services for which fees may be charged, you agree to abide by these terms and conditions. Payment of all amounts shall be made by you when due and you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services.

2.5    By entering this site, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content herein, without the prior written consent of African Sun. For the avoidance of doubt, such consent shall be deemed given for standard search engine technology employed by Internet search websites to direct internet uses to this site.

2.6    You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

2.7    This site may provide you with the ability to use user names, passwords, or other codes or devices to gain access to restricted portions of this site (access codes). The content contained in such restricted areas is confidential to African Sun, and is provided to you for your business use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our site’s operation or results in commercial benefits to our detriment.

3.    Warranties

3.1    While every effort is made to update the information provided on this website, African Sun makes no warranties or representations or guarantees or statements, whether implied by Law or residual, as to the accuracy, completeness or reliability of the information contained on any of the pages comprising the website and shall not be bound in any manner by any information contained on the website or any of the pages comprising the website. African Sun reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of this website. No information, data or content contained on the website shall be construed as advice and the same shall be offered for information purposes only. African Sun gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

3.2    You warrant that every instruction and information given by you to African Sun shall be accurate, true and correct.

4.    Children

Persons under the age of 18 years may only use this website with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website, you will be bound by any legal obligations and liabilities that you may incur as a result of the use of this website and the services. You agree to supervise all usage by minors of this website under your name or account.

5.    Privacy

You have acquainted yourself with the African Sun Privacy Policy, the
terms of which are specifically incorporated herein, and agree that the terms of such Policy are reasonable. You consent to the use of your personal information by African Sun and or third parties in accordance with the terms of and for the purposes set forth in the African Sun Privacy Policy.

6.    System Availability

African Sun Limited shall use reasonable endeavours to maintain full
system availability, except during scheduled maintenance periods.

7.    Review of transmissions/submitted content

African Sun shall have the right to, from time to time, monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that African Sun deems inappropriate or in violation of these terms and conditions.

8.    Security

            Relevant sections of this website are viewed over a secure connection. Any information
            provided by you on this website cannot be viewed by anyone else over the
            Internet.

9.    Limitation of Liability

African Sun assumes no responsibility, and shall not be liable for any damage to, or viruses, that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio, from this site.

10.    Links

Outbound Links

External links may be provided for your convenience. They are not an endorsement of the contents of the other websites. African Sun shall not be responsible for the content of any other website. Use or reliance on any external links provided is at your own risk.

Inbound Links

We welcome links from a third party site to our site, through a plain text link, provided that (a) you give African Sun prior written notice of such link by contacting African Sun, to request African Sun’s permission to establish the link; (b) you use the same title tag and meta description of the page you are linking to in the link text and description respectively; (c) you discontinue providing a link to our site if so requested by African Sun; (d) you do not imply in any fashion that African Sun is endorsing any of your products or service or is affiliated with you, (e) you do not present African Sun in a false light, or provide misleading or false information about African Sun, or its site or services, (f) you do not remove or obscure the copyright notices, or other notices on this site; (g) you do not use any mark of African Sun; and (h) you do not replicate, frame or mirror the content of the site.

We reserve the right to require you to remove links to the Site, in our sole discretion.

11.    Relationship

The relationship between African Sun and you will be that of independent contractors. We shall not be construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

12.    Governing Law

            The Agreement and its performance shall be governed by the laws of the
            Republic of Zimbabwe

13.    Assignment

You may not assign, delegate, cede, convey or subcontract all or any of your rights and/or obligations.

14.    Severability

These terms and conditions shall be deemed to be severable. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, that provision shall nonetheless be enforced to the maximum extent permissible under the applicable law and the other provisions of this Agreement shall remain in full force and effect.

15.    Entire Agreement

This document contains the entire agreement between the Parties regarding the matters contained herein and supersedes any prior understandings or agreements, written or oral, regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

16.    Headings

The headings used in this Agreement are included for convenience only and shall not limit or affect the terms and conditions herein.

17.    Dispute Resolution

Any claim, dispute, difference or impasse in connection with this Agreement shall be governed by the Laws of the Republic of Zimbabwe. You hereby consent to the exclusive jurisdiction of the High Court of Zimbabwe.

18.    Termination

African Sun may terminate this Agreement for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Upon termination of this Agreement, all rights granted to you will terminate and revert to African Sun.