Terms of Service

1. Acceptance of Terms

By accessing and using RedClay.co.za (the "Website"), operated by Hogsback Adventures (Pty) Ltd (Registration Number: 2021/612280/07), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Website or our services.

These Terms apply to all visitors, users, and others who access or use the Service. "Service" refers to the booking of accommodation, activities, and any other services offered through the Website.

2. Use of the Website

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.

You must be at least 18 years of age to make a booking or use certain services offered on this Website. By using this Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

3. User Accounts (If Applicable)

If our Website requires you to create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4. Bookings and Payments

All bookings made through the Website are subject to availability and confirmation. We reserve the right to refuse or cancel any booking for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or error in your order.

Prices for our services are subject to change without notice. We accept various forms of payment as indicated on the Website. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website.

By making a booking, you authorize us or our third-party payment processors to charge your selected payment method for the total amount of your booking, including any applicable taxes and fees.

6. Intellectual Property

The Website and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Hogsback Adventures (Pty) Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both South Africa and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hogsback Adventures (Pty) Ltd. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted through the Website’s functionality and for your personal, non-commercial use.

7. Prohibited Activities

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

• Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the Website.
• Use the Website to advertise or offer to sell goods and services not related to RedClay.co.za or Hogsback Adventures (Pty) Ltd.
• Circumvent, disable, or otherwise interfere with security-related features of the Website.
• Engage in unauthorized framing of or linking to the Website.
• Defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
• Use any information obtained from the Website in order to harass, abuse, or harm another person.
• Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

8. Disclaimer of Warranties

The Website and its services are provided on an "as is" and "as available" basis. Hogsback Adventures (Pty) Ltd makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither Hogsback Adventures (Pty) Ltd nor any person associated with Hogsback Adventures (Pty) Ltd makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Hogsback Adventures (Pty) Ltd nor anyone associated with Hogsback Adventures (Pty) Ltd represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

9. Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Hogsback Adventures (Pty) Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of South Africa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.

12. Dispute Resolution

This clause shall not preclude either party from seeking urgent interim relief from a competent court.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

14. Contact Us

If you have any questions about these Terms, please contact us:

Hogsback Adventures (Pty) Ltd
(Trading as RedClay.co.za)
Woodlands Centre, 1 Wolfridge Road, Hogsback, Eastern Cape, South Africa, 5721
info@hogsbackadventures.co.za