1. TERMS AND CONDITION OF USE

These terms and conditions of use (“terms”) apply to the Department of Tourism (NDT) website and all documents, data and services presented therein. Any party using the website is hereto referred as “the user”. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the Department of Tourism or any legal entity in respect of which information, ideas and opinions are expressed on this portal. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this portal.

2. READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

By accessing this website you signify your agreement to be bound by these Terms. If you do not agree with this terms please do not access the website. Accessing the website will be deemed by the Department of Tourism as your agreement to be bound by these terms. This information on this portal is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).

It is the sole responsibility of the user to satisfy him/herself prior to accessing this portal that the portal will meet the user's individual requirements and be compatible with the user's hardware and/or software.

3. CHANGE TO THE TERMS OF USE

We reserve the right, at our discretion, to change, modify, add or remove all or portions of these terms at any time. Your continued used of the website, or following the posting of notice of any changes in these terms, will indicate acceptance by you of such rules, changes or modifications.

4. LIMITATION OF LIABILITY

The Department of Tourism, its agents, officers and employees take no responsility for any loss suffered by the user for any reliance on the information contained in the website. While every reasonable effort is made to maintain current and accurate information on this portal, the Department of Tourism accepts no responsibility for any errors or omissions on these pages or any site to which the site pages link, or for direct or indirect damage as a result of the usage or quoting the content on the site or the information delivered or not delivered.

Certain links in the web server lead to resources maintained by third parties over whom the Department of Tourism has no control. The Department of Tourism makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources. Where appropriate, such external links have been provided for the user's convenience. The Department of Tourism is not responsible for the content or reliability of linked websites and does not necessarily endorse the view expressed within them. Listing shall not be taken as endorsement of any kind. The Department of Tourism cannot guarantee that these links will work all of the time and has no control over the availability of the linked sites or pages.

These limitations of liability apply even if the Department of Tourism has been expressly advised of the potential loss.

Nothing in this portal disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this portal disclaimer will exclude or limit the Department of Tourism’s liability in respect of any:

• death or personal injury caused by the Department of Tourism’s negligence;
• fraud or fraudulent misrepresentation on the part of the Department of Tourism; or
• Matter which it would be illegal or unlawful for the Department of Tourism to exclude or limit, or to attempt or purport to exclude or limit, its liability.

5. LINKS TO THIRD PARTY

The website contains links to other websites maintained by third parties. These links are provided for convenience only and the Department does not endorse or have any responsility for the contents of such website. Any use of the links is purely at the user’s own risk.

6. AVAILABILITY

The Department gives no assurance that the website will be available at all given times. The Department is entitled, in their absolute discretion, to terminate access to the website or part thereof without notice or reason.

7. COMPUTER VIRUS

The Department takes reasonable steps to protect themselves from computer virus but cannot guarantee that this website or any website to which there is a link, is free or will remain free from virus and everything else which may harm the user’s system. Users should ensure that they protect their systems by use of appropriate software.

8. GOVERNING LAW AND ARBITRATION

The Department of Tourism is domiciled in the Republic of South Africa. All matters arising from the use of this website should be governed by and construed in accordance with the law of the republic. The use of the content of this portal is at the user's own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this portal.

The Department of Tourism or any of the legal entities in respect of which information are contained on this portal, or employees of the Department of Tourism or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the Department of Tourism shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this portal or the services or content provided from and through this portal.

The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act 25 of 2002 are hereby excluded from applying to any electronic communications and data that a user sends to the Department of Tourism via this portal. Any communication or data that a user sends to the Department of Tourism will be regarded having been received by the Department of Tourism when receipt is acknowledged in writing. If the user's does not receive a response within a reasonable period of time, the user should follow it up with the Department of Tourism. The Department of Tourism shall not be liable for any failure to respond.