| Acceptance of Terms |
- Welcome to Life Ballooning (www.lifeballooning.co.za), a hot air ballooning site.
By accessing and using the website, you will be deemed to have agreed to all of these site terms and conditions ("T&C").
- Life Ballooning may at anytime modify the T&C and your continued use of the website will be subject to the T&C in force at the time of such use.
- By clicking on the "Accept the terms and conditions of lifeballooning.co.za" check box which appears before you can complete the booking on the website, you acknowledge that you have read, understood and agreed to be bound by these T&C and undertake to comply with all applicable laws and regulations.
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Description of Service
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- Through the website we provide an Internet based booking service that allows you to make a booking for a hot air balloon flight via the website subject to the T&C ("the service").
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Application Obligations
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- You agree to provide true, accurate and current information about yourself as prompted by the booking form.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or Life Ballooning has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Life Ballooning has the right to reject the booking or terminate your use of the service and refuse all current or future use of the service (or any portion thereof).
- You warrant that you are legally entitled to pay for the service as requested on the booking form.
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Privacy Policy
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- Life Ballooning has created this privacy policy in order to demonstrate its firm commitment to the privacy of all of its customers.
The following discloses our information - gathering and -dissemination practices for the website.
- The information that Life Ballooning collects during your use of the service is used to tailor its services to match your interests and assure you of a save and pleasurable hot air balloon flight.
You will be required to provide Life Ballooning with your e-mail address and Life Ballooning collects certain information on the booking form.
The information Life Ballooning collects from you includes the following :
Your details
- Name (Firstname and surname)
- E-mail address
- Identity number or Passport Number
- Weight
- Physical address (including city, postal code and country)
- Workplace telephone number
- Facsimile number
- Home telephone number
- Cellular telephone number
Details of the other passengers
- Name (Firstname and surname)
- Identity number or Passport Number
- Weight
None of the personal information you provided to Life Ballooning, including your e-mail address, will be shared with anyone.
Life Ballooning will not volunteer your personal information to other parties.
Life Ballooning reserves the right to change, amend, or update this privacy policy from time to time. Continued use of the website after notification indicates your consent for use of your information in accordance with the changed, amended, or updated privacy policy.
Cookies are small pieces of demographic information that are stored by your browser on your computer's hard drive.
Currently, Life Ballooning uses cookies to make the booking process easier for you, however,
Life Ballooning does not track your information from one browser session to the next.
Life Ballooning deletes the cookie after the booking process is complete.
To find out more about cookies, please refer to the "Need some Help?" section of the website.
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Customer Conduct
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- You may not make use of our service if you are prohibited from doing so by any law applicable to you (or the service), or by the laws applicable in the jurisdiction in which the goods or services are to be delivered.
The responsibility for ensuring compliance with all applicable laws shall be yours alone. By submitting the booking, you represent and warrant that you have the legal right to make use of the service.
- You may not interfere with the operation of the service, by using any software, routine, or device that will interfere with the service, such as viruses, trojan horses, worms, time bombs, or cancel boxes.
You may not intercept any data or personal information from Life Ballooning.
- You are responsible for ensuring that all information provided to us in the booking form is accurate and current at all times.
- We will at all times be entitled to call upon you to provide all information which we reasonably require to verify your compliance with these T&C.
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Life Ballooning's Propriety Rights
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- You acknowledge and agree that the service and any software which is necessary for you to use the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
- You further acknowledge and agree that the content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- Except as expressly authorised by Life Ballooning or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
- Life Ballooning grants you a personal, non-transferable and non-exclusive right and license to use the software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the software.
- You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the service or any data available via the service or the website.
- You agree not to access the service by any means other than through the interface from www.lifeballooning.co.za that is provided by Life Ballooning for use in accessing the service.
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Disclaimer of Warranties
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You expressly understand and agree that :
- your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Life Ballooning expressly disclaims all warranties of any kind in relation to the service, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- whilst we will strive to ensure that the service provided to you is of the highest standard, Life Ballooning makes no warranty that :
the service will meet your requirements;
the service will be uninterrupted, timely, secure or error free;
the results that may be obtained from the use of the service will be accurate or reliable; and
any errors in the software will be corrected.
- any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
- no advice or information, whether oral or written, obtained by you from Life Ballooning or through or from the service shall create any warranty not expressly stated in the T&C.
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Limitations of Liability
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You expressly understand and agree that Life Ballooning is not liable for any direct, indirect, incidental, special, consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Life Ballooning has been advised of the possibility of such damages), resulting from :
- the use or the inability to use the service;
- the cost of the service not having been delivered or not having met your requirements;
- the non-availability of the service on the booking date required;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
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Indemnity
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You indemnify, defend and hold Life Ballooning harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) it may suffer or sustain or incur arising from :
- your failure to comply with any and all applicable laws and regulations which are required to lawfully use the service;
- your breach of any of your obligations as set forth in the T&C;
- your infringement of the rights of any third party while using the service.
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Jurisdiction
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You agree that :
- we may institute any legal proceedings which may arise, out of or in connection with a sale under these T&C in any Magistrates' Court having jurisdiction in terms of Section 28 of the Magistrates' Court Act, 1944 (Act No. 32 of 1944), as amended, even though the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrates' Court in respect of the cause of action; and
- we have the right, at our discretion, to institute any legal proceedings against you in the High Court of the Republic of South Africa.
If we are obliged to institute action against you for payment of any amounts due arising out of these T&C, you acknowledge that you will be obliged to pay all costs arising out of the institution of action, including our costs calculated on the scale as between attorney and client, and including any collection commissions payable.
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Domicilium
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You choose as your domicilium citandi et executandi, the physical address provided on the booking form, where all notices, process and documents in connection with or arising out of these T&C may validly be served.
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General
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- The T&C constitute the entire agreement between you and Life Ballooning and governs your use of the service, superseding any prior agreements between you and Life Ballooning.
- The T&C and relationship between you and Life Ballooning shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions.
- The failure of Life Ballooning to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right for provision.
- These T&C take precedence over any conflicting information or content on the website.
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