WEBSITE TERMS AND CONDITIONS
The Gallivanting Goose Proprietary Limited, with registration number 2015/441208/07, is a private company duly incorporated in accordance with the laws of the Republic of South Africa (“TGG”). TGG is a company in the business of providing team-building (including the opportunity for brand activations, introduction of new products, policies and/or procedures, concepts within organisations to be introduced and enhance company induction programs for corporates) activities in the form of an online game application designed specifically to the requirements of its clients.
TGG is deemed to be a responsible party in terms of the Protection of Personal Information Act 4 of 2013, as amended, consolidated or re-enacted from time to time, and includes all schedules and regulations thereto (“the POPI Act”), and TGG is obliged to comply with the provisions of the POPI Act.
TGG has developed the website located at www.thegg.co.za (“the Website”) and hereby set out the terms and conditions which shall govern the use of its website (“Terms and Conditions”).
For the purposes of these Terms and Conditions, the terms “our”, “we” and/or “us” shall be a reference to TGG.
These Terms and Conditions govern your (“the User”) use of the Website. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained through the Website.
TGG does not offer its services to minors, without the consent of the minor’s parents and/or legal guardian. The User warrants that he/she is over the age of 18 years.
3. Commencement and Duration
By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice and shall continue indefinitely until terminated in accordance with the provisions of the Terms and Conditions.
4. Personal Information required by the Gallivanting Goose
In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context –
4.1. “Personal Information” means information relating to a living, identifiable, natural or juristic person, including but not limited to –
4.1.1. information relating to gender, sex, pregnancy, nationality, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;
4.1.2. information relating to the education or the medical financial, criminal or employment history of the person;
4.1.3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
4.1.4. the personal opinions, views of preferences of the person;
4.1.5. correspondence sent by a person that is implicitly or explicitly of a private or confidential nature of further correspondence that would reveal the contents of the original correspondence; and
4.1.6. the name of a person if it appears with other personal information relating to a person or if the disclosure of the name itself would revel information about the person; and
4.2. “Special Personal Information” means personal information concerning the User’s health.
In order for TGG to ensure the integrity of the User’s Personal Information, should any of the Personal Information provided by the User change at any point in time, the User is hereby requested to provide TGG with written notice of the amended information as soon as reasonably possible.
TGG shall retain records of the User’s Personal Information which is necessary for the operation of services, for as long as it deems necessary, and at least, for as long as TGG requires in order to comply with any law, code of conduct, including the provisions of the POPI Act. Thereafter, the User consents that TGG may destroy/discard any and all records containing the User’s Personal Information.
5. Request for User’s Personal Information
By accessing the Website and providing us with the User’s Personal Information, the User agrees that the use of the Website is entirely at the User’s own risk and the User consents to the processing of his/her requested Personal Information for the following purposes –
5.1. to process the transactions and payments necessary in respect of the User’s selected game package and to manage The Gallivanting Goose’s financial accounts in respect of such transactions;
5.2. to provide the services in accordance with the User’s selected game package, including but not limited to the booking of any entry tickets for tourist sites or other excursions forming part of the User’s selected game package;
5.3. disclosure of personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law; and/or
6. Request for the User’s Special Personal Information
Before TGG confirms any booking for a specific game package, TGG may require the submission of an original medical certificate by a medical practitioner confirming that the User is fit and able to partake in the specified event offered as part of the game package selected by the User. The User hereby consents to the processing of the User’s Special Personal Information for purposes of ensuring that the User is fit and able to partake in the specified sporting event.
7. Acceptable Use
The User may not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The Website may not be used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
The User must not conduct any systematic or automated data collection activities (including and without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the Gallivanting Goose’s express written consent.
The Website may not be used to transmit or send unsolicited commercial communications and/or for any purposes related to marketing without the Gallivanting Goose’s express written consent.
8. Links to other Websites and services
The Website may contain links to other websites that are not under the control of the Gallivanting Goose. TGG has no responsibility for the linked websites nor does it necessarily endorse the linked websites.
9. Copyright and Intellectual Property Rights
TGG provides certain information on the Website. The content displayed on the Website is provided by the Gallivanting Goose, its affiliates or any third party owners of the content (“the Content”). All proprietary works, and the compilation of the proprietary words, belong to the Gallivanting Goose, its affiliates or any third party owners of the rights, and the Content is protected by the laws of the Republic of South Africa and international copyright laws.
Except as specified in these Terms and Conditions, the User is not granted a license or any other right including but not limited under Copyright, Trademark, Patent, or other intellectual property rights, in and to the Content.
This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of the Gallivanting Goose.
10. Cross-border Transfer of Personal Information
11. Security Measures
TGG has taken appropriate, reasonable technical and organisational measures to prevent –
11.1. the loss of, damage to or unauthorised destruction of Personal Information; and
11.2. the unlawful access to or processing of Personal Information.
In the event that we, on reasonable grounds, believe that the personal information of a User has been accessed or acquired by any unauthorised person, we, or any third party processing Personal Information under our authority, will notify the User in writing provided that the identity of the User whose Personal Information has been compromised can be established.
12. Indemnity by the User in favour of The Gallivanting Goose
The User agrees to defend, indemnify and hold TGG harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the User’s use of the Website, provided that any claim brought against TGG is not as a result of the Gallivanting Goose’s grossly negligent conduct.
13. Limited Liability of The Gallivanting Goose
Neither TGG nor its directors, employees, agents, representatives or suppliers shall be responsible for and disclaims all liability, except as a result of the gross negligent conduct of the Gallivanting Goose, for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User’s access and use of the Website.
TGG shall not be liable to the User on any account whatsoever in the event that TGG is prevented from fulfilling its obligations hereunder due in whole or in part to an event or force majeure which expression shall mean act of God, war, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstances beyond its reasonable control; and whether or not within its control, strikes, lock-outs or industrial disputes in relation to TGG or any other party or any action taken by it in connection therewith or in consequence or the occurrence thereof. In such event TGG may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to the Gallivanting Goose’s rights.
14. Governing Law and Country of Domicile
Should the User utilise the Website for any purpose, the User hereby consents and submits to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms and Conditions.
The Website is controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law and TGG chooses 7 Glendarrach Road, Rondebosch, 7700, as its domicilium citandi et executandi for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
TGG reserves the rights to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time in its sole discretion and at any time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website or upon notifying the User of the changes via email. Should the User continue to use the Website following the receipt of the notice provided or the posting of changes or updates, the User’s use will be considered notice of your acceptance to abide by and be bound to these Terms and Conditions including the changes or updates.
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from these Terms and Conditions and shall not affect the enforceability and validity of the remaining items of the Agreement.
These Terms and Conditions constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by TGG shall not be construed as a waiver or variation of any of our rights or remedies.
If TGG is informed of any inaccuracies in the content on the Website, it will attempt to correct the inaccuracies as soon as possible.
17. Company Information
In the event that you need to contact TGG for purposes related to these Terms and Conditions, please use the following details: