MEGAPRO HOSPITALITY, A DIVISION OF MEGAPRO HOLDINGS (PTY) LTD
TERMS AND CONDITIONS
- Megapro Hospitality
Thank you for visiting the web site of megapro.co.za.
This web site, together with all content and information available or incorporated in this web site, which is accessible at http://www.megaprohospitality.co.za/, ("this Web Site"), is made available by Megapro Hospitality (“MH”), a division of Megapro Holdings (PTY) LTD. This Web Site contains the terms and conditions for doing business with Megapro Hospitaliy (“Terms and Conditions”).
Any reference to “MH”; "our" or "us" is a reference to Megapro Hospitality. Any reference to "you" or "your" is a reference to any person using this Web Site. We may amend these terms and conditions from time to time and such amendments will be contained on this Web Site.
Please note that in addition to these Terms and Conditions all reservations are subject to our the Package Terms as described in clause 10 below.
- Website Prices
- You are solely responsible for any and all fees that may apply to your communications with our computer systems.
- All information contained on this Web Site (including but not limited to price information) is to the best of MH’s knowledge and belief true and correct, but MH accepts no liability for any errors/inaccuracies contained therein.
- General Information
- MH shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.
- No indulgence, which MH may grant to any party, shall constitute a waiver of any of the rights of the MH who shall not thereby be precluded from exercising any rights against the customer and/or the traveller which may have arisen in the past or which might arise in the future.
Any use, access, referral to, or viewing (individually or collectively referred to as "use") of any part of this Website shall be subject to these Terms and Conditions and any document we incorporate herein by reference, including but not limited to the Package Terms. Your continued use of this Website signifies your agreement to comply with these Terms and Conditions.
Your communications to this Website may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by us or any other competent authority.
- Intellectual property
This Website is owned by MH. Any unauthorized use of this Website is prohibited. While you may make limited copies of this Website (such as the package offering and related documents for services purchased on this Website), you undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or lease any information, software, products or services obtained from this Web Site without our prior written consent.
Other product or company names and logos contained in this Website may be the intellectual property of their respective owners.
This Website is offered to you on an "as is" basis. This Website is provided without any representations or warranties whatsoever, whether express, implied or statutory.
Specifically, we make no warranties or representations, whether express, implied or statutory, in respect of the accuracy, completeness and or reliability of any information, ideas and/or opinions expressed on this Website.
We make no warranties or representations, whether express, implied or statutory, that this Website is compatible with your hardware and/or software or that this Website is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect.
To the extent that any link to another web site is provided on this Website, we make no warranties or representations, whether express, implied or statutory, as to the content of such other web site. The existence of any such link does not serve to signify that we endorse or have any responsibility for the content of any such linked web site.
We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
- the operation of this Website or any its contents; or
- your right to use this Website or any of its contents
- Use of this Website
You may only use this Website for lawful purposes. You are not allowed, without prior written approval, to:
- frame, link to, modify, distribute, commercialise, exploit or alter the Website or its contents;
- incorporate any part of the Website content in any other work or publication; and/or
- perform any other act which may not be considered fair use.
Specifically, you may not:
- monitor or copy any content or information of this Website using any robot, spider, screen scraper or other automated means or any manual process for any purpose without our prior written consent;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Web Site;
- take any action that imposes, or may impose, in the opinion of MH, an unreasonable or disproportionately large load on the server;
- deep-link to any portion of this Website (including, but not limited to, the purchase path for any hospitality services) for any purpose without our prior written consent.
Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to this Website. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("Loss"), whether direct, indirect, special or consequential, arising from your use of or reliance on this Website, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss. In particular, we are not liable for inaccuracies relating to information and descriptions of hotels, services and products offered on this Website.
In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Website for any reason whatsoever.
We shall not be liable for any Loss suffered due to the use of other web sites to which a link is provided on this Website.
Information, ideas and opinions expressed on this Web Site should not be regarded as advice or the official opinion of MH, its agents or representatives.
For the purposes of this clause 8, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
- Applicable law
These Terms and Conditions shall be governed in accordance with the laws of the Republic of South Africa. The user is deemed to hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes arising out of or in connection with this Website, these Terms and Conditions, the Package Terms referred to in clause 10 below or any further terms and conditions referenced on this Web Site or any matter related to or in connection herewith.
- Package Purchasing Terms
- Package Purchases
- MH generates hospitality packages for various events (“the Packages”). The packages that you purchase are subject to these Terms and Conditions and to the package terms that relate to the specific package concerned (“the Package Terms”) and which will always be available on http://www.megaprohospitality.co.za/.
- Booking Process
- To book Packages with us, you will be required to complete the prescribed booking form, containing your personal details and then the Package details that you require. Please make sure that your personal and booking details are correct before submitting the booking request, since the booking process is an automated system and it may not be possible to rectify any mistakes later.
- Once submitted, your booking request will constitute an offer on these Terms and Conditions and the Package Terms that is open for acceptance by us. Following receipt of accepting these Terms and Conditions and the Package Terms, you will automatically be directed to Mygate for payment processing via a credit card. Once payment is made, we will send you a confirmation notice, in the form of a Tax invoiced confirming acceptance.
- A legally binding contract will be formed between us upon the sending of such a confirmation notice confirming our acceptance of your booking. We reserve the right not to accept or process your booking request and we will notify you if this is the case. In particular, we may refuse to sell you Packages to events for which you do not meet the specified qualification criteria.
- If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. WE WILL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR IF YOU ASSUME THAT A BOOKING WAS NOT PROCESSED BECAUSE YOU FAILED TO RECEIVE OUR CONFIRMATION NOTICE
- The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
- These Terms and Conditions (together with the Package Terms) shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the booking of packages.
- We will retain records of package purchases made by you and you will be able to access outstanding booking requests with MH via requests to firstname.lastname@example.org Such records may be archived at any time as from six months after your purchase and will then become inaccessible to you.
- You will be required to make payment when completing your booking form via MyGate. Your payment conditions will also be bound to that of Mygate’s Terms and Conditions and subject to those terms and conditions.
- Should MH be unable to reflect such payment for any reason your booking may be cancelled and your packages may be resold to another customer without further notice. You warrant that you are duly authorised to make payments from the account designated by you.
- Package Collection and Delivery
- You can collect your packages from the MH's premises (Media City, 2 Pybus Road, Sandton) 5 working days prior to the event, unless otherwise advised. We recommend that you collect your tickets at least 48 hours before the event. You will be required to present your credit card, reasonably acceptable photo identification (ID book or driver’s license) and a copy of the proof of payment, as well as a copy of the tax invoice provided byt the system. We will not be obliged to provide the tickets to anyone failing to provide us with such details.
- Lost, Stolen and Destroyed Packages
Only the first person using a package will be permitted access to an event. Risk for loss and damage to the tickets shall pass to you upon your receipt thereof. Packages that have been lost, stolen or destroyed will not be refunded or replaced for any reason.
- Cancellations, Refunds and Exchanges
- You may cancel any booking submitted to us for Packages that have not yet been issued to you at any time prior to the date of the event to which such booking pertains, by sending a cancellation notice to email@example.com or calling our info line on 0861 863 864. When you cancel your booking or return your tickets you must provide us with the relevant tax invoice number. Following receipt of your booking cancellation or returned packages, we will refund you the face value paid for the relevant packages, provided that reasonable cancellation charges as determined by the organiser of the event (“the Event Organiser”) may be charged and deducted from such refund. Subject to any cancellation terms imposed by the Event Organiser and subject to the terms of the Consumer Protection Act 68 of 2008, the following cancellation charges may apply:
• If the cancellation occurs more than 30 days prior to the event a 15% 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 100% cancellation fee will apply;
• Notwithstanding the aforesaid, if you can provide us with suitable documentary proof that a person in whose name a Package was booked will not be able to attend the event because of his/her death and/or hospitalisation, no cancellation fee will apply in respect of the cancellation of such person’s Package.
- You acknowledge that the above cancellation charges amount to reasonable and proportionate liquidated damages apportioned to compensate MH and/or the Event Organiser for the consequences arising from cancellation.
- Please note that MH is an authorised provider of hospitality to the event forming part of the Package. MH has no responsibility for the staging or management of the event itself. Event Organisers may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. In such case, the Event Organiser may offer a refund or exchange of Packages for which you may be required to follow certain procedures specified by the Event Organiser. No refund will apply if you are refused admission to the event because you are younger than the minimum age for attendance specified by law or you otherwise fail to qualify for attendance. Should an event be cancelled or postponed, we will provide a notice on our Web Site at www.megaprohospitality.co.za or contact you to inform you of the relevant refund or exchange procedures for that event. You may also contact our information line on 0861 863 8640 for instructions. In order to receive any refund or an exchange that is offered, you will have to comply with the Event Organiser’s instructions and deadlines imposed in this regard.
- If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the Packages. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
- We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
- Attendance at an event may be hazardous to the health or safety of the attendees or their property. YOU ATTEND EVENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY EVENT OR FOR YOUR SECURITY OR THE SECURITY OF YOUR PROPERTY IN ATTENDING SUCH EVENT. Please contact the relevant Event Organiser directly if you have suffered any loss or damage in attending an event.
All correspondence relating to this Web Site should be addressed to Megapro Hospitality (2005/044403/07), Media City, 2 Pybus Road, Sandton, for the attention of John McCarthy. For further information, please contact us at (011) 305-9888 or email firstname.lastname@example.org