Trading Terms & Conditions

1. Detailed description of goods and/or services

Bundu Beach Properties is a FFC-certified Property Company, registered with the Estate Agency Affairs Board and thus Compliant with SA Real Estate and all other applicable law related to Real Estate in SA. We are in the business of Residential Rentals, Sales as well as the hiring out of quality Holiday Homes.

Delivery Policy for Holiday Rentals: Subject to availability and receipt of payment, requests will be processed within 2 days – note that payment of guest Deposit required in full to secure your Accommodation reservation, and full payment is required before access/occupation of unit can be provided.

2. Website Terms & conditions

INTRODUCTION
Welcome to the Website www.bundubeach.com (“Website”), owned and operated by BUNDU BEACH (“Organisation”), operating from Imbali Ridge, R627, Ballito, 4420, contact@bundubeach.com. These Terms and conditions of use (“Terms”) set out the Terms that regulate the use of the Website by the user (“you, your or yourself”).

ACCEPTANCE OF TERMS
These Terms take effect as soon as you access the Website and constitute a binding agreement between the Organisation and yourself. The current version of these Terms will govern both the Organisation’s and your rights and obligations each time you access this Website. If you do not agree with any provision contained in these Terms, you must immediately cease to use the Website. Your failure to do so, and your continued use of and access to the Website, will mean that you have read, understood and agree to be bound in full by the provisions of these Terms. Unless the contrary is specified, these Terms apply whether you use and access either free or paid-for services offered by the Organisation on the Website.

USE OF THE WEBSITE
By accessing the Website, you warrant and represent that (i) your use of the website is for lawful purposes, (ii) you are over 18 (Eighteen) years of age, and (iii) you can legally conclude a binding agreement with the Organisation. You further warrant that you will not contravene any South African or international laws by using the Website, any services offered on the Website or any information provided to you by the Organisation through your use of the Website. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this Website.

USE OF INFORMATION
The Organisation conducts its business in accordance with all South African legislation applicable and relevant to its business. One aspect of such legal compliance pertains to data protection. The Organisation values the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (“POPIA”) and all regulations promulgated in terms thereof.
By using the Website, and thereby accepting to be bound by these Terms, you expressly acknowledge, agree and consent to the Organisation and our suppliers, or any person authorised on our behalf, using your personal information, as this Term is defined by POPIA (“Personal Information”) for any purpose necessary for you to use the Website, or for the Organisation to render any service to you via the Website.

AMENDMENT OF TERMS
The Organisation, in its sole discretion, reserves the right to amend these Terms at any time. Any such amendments will come into effect immediately and automatically. Whenever the Organisation concludes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Website, and you will be deemed to have done so.
Should you not agree to any amendments of these Terms, you must immediately cease to access and use the Website.

CONTENT OF USERS
There are certain areas on the Website that allow users of the Website to upload questions, data, and other information (“User Content”). As a user, you are solely responsible for the User Content that you upload, display, and / or otherwise make available (“Add”) to the Website, and you hereby agree that the Organisation is only a conduit for the online sharing, distribution and publication of your User Content. The Organisation will not review or reference any such User Content except as may be provided in the Organisation’s privacy policy or as may be required by law. Unless otherwise stipulated by law, or unless the contrary is specified in any other Terms and conditions of the Organisation, all User Content is owned by the User who adds it to the Website. Subject to the afore-going two provisos, the Organisation does not claim any ownership rights in any User Content.
You agree not to Add any User Content that contains any information or content that (i) is not legally permitted; (ii) you do not have a right to make available under any law, or under contractual or fiduciary relationships; and / or (iii) you know is incorrect and / or inaccurate. You agree that any User Content that you Add to the Website does not and will not violate any third-party rights of any kind.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, “Intellectual Property Rights” means “any and all Intellectual Property Rights of whatsoever nature and form including, without limitation, patents, designs, copyright, trademarks, trade secrets and / or know-how, whether in existence now or whether arising in the future, and including all applications and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
Unless the contrary is expressly specified in these Terms, any and all content and material of whatsoever nature and form contained or depicted on the Website, or incorporated or embedded in any service offered on or via the Website, including, without limitation software, images, text, graphics, illustrations, logos, branding, and/ or photographs (“Organisation Content”), and all Intellectual Property Rights subsisting in such Organisation Content, vest exclusively in the Organisation. You hereby agree and undertake that you will at no time lay any claim to the Organisation Content, and / or to any Intellectual Property Rights subsisting in such Organisation Content.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or to any Intellectual Property Rights belonging to the Organisation, and you agree and undertake that you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (i) modify, port, translate, localise or create derivative works of the Organisation Content, or any part thereof; (ii) by any means whatsoever, decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Organisation Content, or any part thereof, , or disclose any of the foregoing; (iii) sell, lease, license, sub-license, copy, market, reproduce, transmit or distribute the Organisation Content, or any part thereof, including any Intellectual Property Rights subsisting therein, without the express written consent of the Organisation; (iv) encumber or create any lien or security interest in respect of any Organisation Content or any Intellectual Property Rights subsisting therein; and (v) knowingly take any action that would cause any of the Organisation Content to be placed in the public domain, or that would infringe any Intellectual Property Rights in the Organisation Content. Use of the Organisation Content, and any Intellectual Property Rights subsisting therein, for any purpose not expressly permitted by these Terms is strictly prohibited.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading and / or offensive and you agree that the Organisation will not be liable for any damages you allege to incur as a result of exposure to such User Content.

DISCLAIMER OF WARRANTIES AND LIABILITIES
The Organisation does not make any warranties, representations, statements or guarantees, whether express, implied in law or residual, regarding the Website and any services offered on or via the Website, and these are provided on an “as is” basis. The Organisation also does not make any warranty or representation that any information contained on the Website or included in any services is appropriate for use in any jurisdiction.
Use of the Website, any Organisation Content and / or any service offered as a part thereof is entirely at your own risk. The Organisation makes no representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the afore-going.
The Organisation does not assume any responsibility for any errors, omissions or inaccuracies in the Website, the Organisation Content and / or any service that may be offered pursuant thereto.
Neither the Organisation nor its shareholders, officers, directors, employees, affiliate companies, agents and advisors (“Indemnified Parties”) shall be responsible for, and deny, all liability for any loss, harm, damage (whether direct, indirect or consequential) and / or expense of any nature whatsoever which may be suffered by you and / or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of (i) the Website, and / or (ii) any information contained on or received via the Website (including any reliance you may place on such information), (iii) any Organisation Content, (iv) any services provided pursuant to the Website.
Without limiting the generality of the afore-going, the Indemnified Parties shall not be liable for any (i) loss of business, data and / or profits, (ii) failure and / or unavailability of the Website for any reason whatsoever, and / or (iii) failure / delay by any third party service provider to render any service/s which are necessary to ensure the availability of the Website.
You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to any of the above or the afore-going.

INDEMNITY
In addition to the warranties and indemnities set out above, you hereby agree and undertake to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any provision of these Terms; (iii) your violation of any third party right including, without limitation any Intellectual Property Right, or other property or privacy right; or (iv) any claim that the User Content caused damage to a third party. All indemnity provisions set out in these Terms will survive termination, modification or expiration of these Terms.

EXTERNAL LINKS
External links may be provided for your convenience; however, the Organisation makes no representations whatsoever about any third party website or its content. Use or reliance on any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy displayed on any third party website. The Organisation has no control over such third party websites and will not be liable for any loss or damage of any nature that you may suffer, whether directly or indirectly, as a result of your use of third party websites.

CRAWLERS AND SPIDERS
No person, business or Website may use any technology to search and / or gain information from the Website without the Organisation’s prior written permission.

GOVERNING LAW
These Terms and all matters or disputes arising from or incidental to them shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

CONSUMER PROTECTION
Information required pursuant to section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 is set out in items 1.1 and 1.2 of the Schedule.

3. Export restriction (Optional)

Not applicable

4. Return and Refunds policy

The provision of goods and services by Bundu Beach,  is subject to availability. In cases of unavailability or double bookings, Bundu Beach will provide similar suitable alternate accommodation failing which a refund will be processed, in full within 30 days.

CANCELLATION POLICY:  Refunds only become applicable AT ALL once the property is re-booked over the same period.  NO REFUNDS will be applicable on Cancellations for Peak Season bookings, within 8 weeks of your Arrival Date. 

Cancellation Fees:  Peak Season – should cancellation occur (for ANY reason) within 4 weeks of Arrival Date, 40 per cent of invoice is applicable.                                                      

Cancellation Fees:  Peak Season – should cancellation occur within 8 weeks of Arrival Date, 20 per cent of total invoice is applicable.                                                         

Cancellation Fees:  Out + Semi Season – should cancellation occur (for ANY reason) within 3 weeks of Arrival Date, 20 per cent of total Invoice is applicable.   

 

If travel restrictions are implemented at any time for any reason by Govt, which would prevent guests from travelling to their holiday destination, a 15 per cent cancellation fee (of total invoice) will become effective, to cover the costs already incurred and committed to, by the Organisation. Booking fee is also not refundable

                                                        

5. Customer Privacy policy

Bundu Beach is fully compliant with POPIA (Protection of Personal Information Act 2019), details may be viewed on the Privacy Policy page of this website, or downloaded from the link below:

PRIVACY POLICY

6. Payment options accepted

Payment may be made via Visa and MasterCard (this payment option is currently not available).

7. Card acquiring and security

Card transactions will be acquired for Bundu Beach via PayGate (Pty) Ltd who are the approved payment gateway for all South African

acquiring Banks. 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.

8. Customer details separate from card details

Customer details will be stored by Bundu Beach separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

9. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is

South African Rand (ZAR).

10. Responsibility

Bundu Beach 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.

11. Country of domicile

This website is governed by the laws of South Africa and Bundu Beach chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Imbali Ridge Estate, R627, Ballito, 4420 – Kwa-Zulu Natal.

12. Variation

Bundu Beach may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. Company information

This website is run by Bundu Beach, based in South Africa trading as

BUNDU BEACH.

14. Bundu Beach contact details are telephone:

076-515 1357

Currently operating from Imbali Ridge Estate, R627, Ballito, 4420 – Kwa-Zulu Natal. . 

Email address: contact@bundubeach.com.