Terms and Conditions
TERMS AND CONDITIONS
1. General
1.1 Entries to any of the events listed on this website (“the Adventures”) via this website are subject to the terms and conditions as stated below, to the exclusion of all other terms.
1.2 The Adventures are physically challenging events and as such carry the ordinary benefits and risks of strenuous physical activity.
1.3 Any person who uses this website or enters the Adventures via this website agrees to the terms and conditions contained herein. Where you submit an entry on behalf of any other person, you represent and warrant that you are authorised to do so and to accept these terms and conditions on their behalf. Minors (less than 18 years of age) must be assisted by their parent or legal guardian when submitting an entry.
1.4 Neither Travelscape Media CC, registration no. 2007/132201/23 (“THE ULTIMATE ADVENTURE COMPANY”), its members, the sponsors, nor their successors, assigns, subsidiaries, associates, affiliates, officers, directors, employees, agents, contractors or any other service providers acting on their behalf or on their instruction (hereinafter collectively referred to as “the INDEMNIFIED PARTIES”) will be liable for any losses incurred, howsoever arising, and by accepting the terms hereof I hereby indemnify the INDEMNIFIED PARTIES against any and all claims howsoever arising, for any loss or damage resulting from any bodily injury, disability, psychological injury or damage, loss of life or loss or damage to property, including any such loss, injury, disability or damage which can be attributed to any act or omission on the part of the INDEMNIFIED PARTIES, or my co-participants, which I may sustain as a result of using this website or whilst participating in the Adventures and/or travelling thereto or therefrom or whilst participating in any event arranged by or on behalf of the INDEMNIFIED PARTIES in connection with the Adventures or incidental thereto, and regardless of how such claim may have arisen.
1.5 This website and its contents are provided on an “as is” and “as available” basis. THE ULTIMATE ADVENTURE COMPANY makes no representations or warranties of any kind, whether express or implied including, without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or the website’s suitability for any particular purpose. THE ULTIMATE ADVENTURE COMPANY does not warrant that the functions provided by the website will be uninterrupted or error free, or that the Website or the server which makes it available are free from viruses or other harmful components.
1.6 THE ULTIMATE ADVENTURE COMPANY, its members, the sponsors, their successors, assigns, subsidiaries, associates, affiliates, officers, directors, employees, agents, contractors or any other service providers acting on their behalf or on their instruction shall NOT be responsible for, and entrants and users of this website release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in the Adventures or the ability of THE ULTIMATE ADVENTURE COMPANY to process or include all eligible entries, and otherwise execute the Adventures in the manner intended.
1.7 If any provision of these terms and conditions is found to be unenforceable or invalid, such term or condition shall be severable from the remaining terms and conditions which shall remain enforceable and applicable.
1.8 Any failure by the THE ULTIMATE ADVENTURE COMPANY to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.
1.9 These terms and conditions constitute the entire agreement between THE ULTIMATE ADVENTURE COMPANY and the website user or entrant into the Adventures. No variation of or modification to these terms and conditions shall be of any force and effect unless posted to this website by THE ULTIMATE ADVENTURE COMPANY or unless agreed to in writing by both THE ULTIMATE ADVENTURE COMPANY and the website user or entrant into the Adventures.
1.10 These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa.
1.11 Notwithstanding any other provisions contained herein, THE ULTIMATE ADVENTURE COMPANY’s liability whether in contract or delict arising from any breach of any obligation in terms of these terms and conditions, negligence or otherwise shall not exceed at any time the value of a refund of an entry fee paid by an entrant.
2. Terms and conditions of payment
To enter the Adventures on the Website you must be the holder of a valid credit card or other form of electronic payment accepted by this site.
2.1 Online Entries
To enter online you will be required to provide certain information including personal details, etc. THE ULTIMATE ADVENTURE COMPANY will only use the personal information in accordance with the privacy policy contained herein.
2.2 Detailed description of goods and/or services
THE ULTIMATE ADVENTURE COMPANY is a business that organises the Adventures and other related events, and further stocks and sells certain merchandise including, but not limited to, hiking accessories, camping accessories, t-shirts, caps, and shoes. This site facilitates the online entry and purchase of entries to the Adventures and facilitates the purchase of merchandise stocked by THE ULTIMATE ADVENTURE COMPANY.
2.3 Delivery policy
An entry is only confirmed and accepted once payment by means of a credit card has been processed and received. Do not navigate away from the transaction page until your payment has been processed. Please print out the confirmation of entry once your payment has been processed.
Purchased merchandise shall be available for collection on the day of the Adventures.
Should any item of merchandise have been ordered in the incorrect size and the merchandise is unworn, the purchaser may exchange the merchandise, should there be stock available, or be refunded.
2.4 Returns and refunds policy
Once your entry has been completed and accepted, it may not be cancelled, and THE ULTIMATE ADVENTURE COMPANY or event organisers will not refund entry fees if you are unable to attend the Adventures for any reason whatsoever. Should a refund be made at the discretion of THE ULTIMATE ADVENTURE COMPANY, a 25% cancellation fee will apply, provided that no refunds will be given for any cancellations on less than 30 (THIRTY) days notice.
Should any material defect in the purchased merchandise become apparent within 6 months of date of purchase, the purchaser may request a refund, exchange or repair of the merchandise, the choice of which will lie at the discretion of THE ULTIMATE ADVENTURE COMPANY.
2.5 Exchange of Entries
Should you be in possession of a valid entry to any of the Adventures, but are unable to compete in the Adventure for any reason whatsoever, one ticket swap will be allowed per ticket, which swap must have taken place and be confirmed by an authorised representative of THE ULTIMATE ADVENTURE COMPANY, subject to the new entrant’s acceptance of the terms and conditions contained herein together with signature of the indemnity form associated with the Adventure.
2.6 Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express credit cards.
2.7 Credit card acquiring and security
Credit card transactions will be provided for THE ULTIMATE ADVENTURE COMPANY via PayFast who are the approved payment gateway for FNB. For details regarding their payment gateway’s security, users may go to the PayFast website to view their security certificate and security policy.
2.8 Customer details separate from card details
Your user information will be stored by THE ULTIMATE ADVENTURE COMPANY. Credit card details are entered and stored separately, on PayFast’s secure site.
2.9 Accessing records
Customers can access a full history of transactions from their profile on this website.
2.10 Merchant outlet country
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
2.11 Transaction currency and costs
Transaction Currency is South African Rand (ZAR), all prices exclude VAT and VAT is not charged.
2.12 Company Information
This website is hosted and managed by Travelscape Media CC, registration number 2007/132201/23 based in South Africa. Travelscape Media CC’s contact details are as follows: Matthew: Email: info@ultimateadventures.co.za • Cell: 0712855521 • Physical Address: Sheffield Beach, South Africa
3. Privacy Policy
3.1 THE ULTIMATE ADVENTURE COMPANY is committed to the protection of your privacy and will take all reasonable steps to protect any personal information with which you may provide us from time to time via this website. Our privacy policy contained herein indicates what we do with your personal information and what you can do to protect that information. We treat your personal information with care.
3.2 All photographic, sound and video material of participants made by the organisers or their assignees during any activity deemed to be part of the Adventures shall be the exclusive property of THE ULTIMATE ADVENTURE COMPANY and free for publication and use by THE ULTIMATE ADVENTURE COMPANY or its successors in title in any matter relating to the listed events at any time in the present or future without payment of royalties or compensation to any person appearing therein.
3.3 THE ULTIMATE ADVENTURE COMPANY may collect information relating to your use of our website and will store any personal information that you provide us with via this website.
3.4 THE ULTIMATE ADVENTURE COMPANY shall be entitled to use your personal information for purposes connected with the reason that you entered the information on the website.
3.5 THE ULTIMATE ADVENTURE COMPANY will take reasonable measures to delete personal information that has become obsolete. Over the period that your personal information is being used and for a period of at least 1 (one) year thereafter, THE ULTIMATE ADVENTURE COMPANY will keep a record of your personal information and the purpose for which it is stored.
3.6 Should you so request, in writing, we will delete your personal information.
3.7 You acknowledge and accept that THE ULTIMATE ADVENTURE COMPANY cannot take any responsibility for any of your personal information that is collected outside the scope of this agreement by any intermediary or other third party whether or not any data relating to you is conveyed through such party’s network or computers.
3.8 You give permission that, if there is a change of ownership at THE ULTIMATE ADVENTURE COMPANY, then your personal information can be transferred to the new owner, provided that the new owner will not dilute your rights and obligations regarding the personal information as set out in this privacy policy that had been collected before such transfer.
3.9 Your personal information will not be sold, divulged or made available to any third party except as mentioned in this policy and unless required or permitted by law. Although THE ULTIMATE ADVENTURE COMPANY will take all reasonable measures to protect your personal information, should it fail to do so for any reason, you acknowledge that you will have no claim whatsoever against THE ULTIMATE ADVENTURE COMPANY.
3.10 This privacy policy may be revised and updated. Please check it each time you access this site as your continued use of this site means that you accept those revisions and updates.
4. Event Rules
4.1 No person will be permitted to participate in the Adventures without having signed the indemnity, the terms of which are displayed herein at Part B.
4.2 THE ULTIMATE ADVENTURE COMPANY, or its duly authorised representatives, reserve the right to cancel the Adventures at any time before or during the Adventure, for any reason whatsoever.
4.3 THE ULTIMATE ADVENTURE COMPANY, or its duly authorised representatives, reserve the right to disallow any entrant’s participation in the Adventures, and in such an event, fees paid by the entrant in respect of registration for the Adventure, traveling to/from and participation in the Challenge, together with any costs incidental thereto, are non-refundable.
4.4 THE ULTIMATE ADVENTURE COMPANY, or its duly authorised representatives, reserve the right to close down any part of the designated event, at any time before or during the Adventure, for any reason whatsoever.
4.5 THE ULTIMATE ADVENTURE COMPANY, and its designated representatives, including the event officials and marshals of the Adventures, shall have full power and authority to lead the Adventures, and participants will at all times be subject to and obey all instructions, including an instruction to discontinue the Adventure prematurely, at any time should they believe this to be in the interests of any participant or group of participants.
4.6 Participants may only seek the assistance of co-participants in the completion of an obstacle. No marshals, event officials or medics may assist in the completion of an obstacle, unless it is deemed necessary for the safety of any participant.
4.7 THE ULTIMATE ADVENTURE COMPANY, in its sole discretion, will decide any dispute, of whatsoever nature, arising as a result of participation in the Adventure, successful and/or correct completion of the Adventure by a participant or group of participants, or relating to a participant or group of participants being the first participant or group of participants to complete the Adventure.
4.8 Any and all prizes won, if applicable to a specific event, through the Adventures or any competitions related or incidental thereto, are non-refundable and non-transferable.
4.9 No spectator or person, who is not registered as a participant, will be allowed at the event venue(s) or location(s) before, during or after the Adventure, nor is any spectator or any person, who is not registered as a participant, allowed to make use of the obstacles or gear at the event before, during or after the Adventure.
