1. Introduction
    1. Pinelake Marina Limited is a resort in the hospitality industry that markets and offers holiday accommodation, day visits, restaurants, a convenience store, a coffee and cocktail bar, gym memberships, wedding venues, wedding and party receptions and a conference facility.
    2. These conditions govern the terms and conditions under which you make use of and access this website, which is the sole property of Pinelake Marina Limited.
  2. Binding effects of conditions
    1. By making use of or accessing this website you agree to be firmly bound to the terms and conditions contained in these conditions. It is recorded that should you not wish to be bound by these conditions then you should not make use of or access this website.
  3. Website access
    1. You will be able to access parts of this website without having to register any details with us. (However, particular areas of this website will only be accessible if you have registered.)
  4. User of website
    1. You are permitted to use our website for your own purpose and to print and download material from this website: Provided that, subject to paragraph 6.2, you do not modify any non-amendable content without our consent. Material on this website must not be republished online or offline without our permission ("Non-amendable content", shall mean content on the website, which does not contain an invitation to amend, by posting pictures, comments, videos, blogs and other invited content).
    2. The copyright, trademarks and all other intellectual property rights in all material on this website, including, but not limited to all, photographs, images, text, graphics, logos, clips, data and software are owned by us or our licensors and must not be reproduced without our prior written consent.
    3. Subject to paragraph 4.1, no part of this website may be reproduced without our prior written permission.
    4. You accept full liability and responsibility for all activities that occur on this website or relating thereto in respect of the confidentiality and security of your name and password for access to this website, subject to what is said hereunder. You undertake to ensure that the confidentiality and security of your name and password are kept confidential and secure and indemnify and hold us harmless in this regard.
    5. You undertake that if you come across untrue, inaccurate or defamatory information in respect of us you shall immediately notify us.
  5. Website availability and amendments
    1. We take all reasonable steps to ensure that this website is available 24 (twenty four) hours every day, 365 (three hundred and sixty five) days per year. However, websites do encounter downtime due to server and, other technical issues. Therefor we will not be held liable if this website is unavailable at any time.
    2. This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control.
    3. We reserve the right to amend, suspend, discontinue or terminate the content and services on and available from this website without prior notice to you.
    4. Should the content of this website change or be amended, you shall continue to abide and be firmly bound in terms of these conditions, including any such updates or amendments, to the amended conditions.
  6. Conduct
    1. With the exception of personal information, the use of which is covered hereunder, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material and/or for any and all purposes.
    2. When using this website you shall not post or send to or from this website material or information -
      (a) for which you have not obtained all necessary consents;
      (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed to be a criminal offence, give rise to civil liability, or otherwise is contrary to the laws of the Republic of South Africa; and
      (c) without limiting the generality of the aforesaid computer viruses, worms, corrupt data, or other potentially harmful software, data or destructive programs.
  7. Links
    1. This website may contain links to other websites outside our control.  We have not reviewed each third party website and accept no responsibility whatsoever for such websites or their content.  We do not endorse the other websites or make representations about them or any material contained in them. If you choose to access a third party website linked to this website, you do so at your own risk.  We may not share the views and opinions contained in the third party websites.
    2. You should not link with or to our website without our prior written consent.
    3. If you choose to link our website in contravention of this paragraph, you indemnify us and hold us harmless for any loss or damages suffered as a result.
  8. Information
    1. For purposes of this paragraph, the following definitions shall have to the following meanings:
      1. "ECTA" means the Electronic Communications and Transactions Act, 25 of 2002, enacted by the Republic of South Africa;
      2. "PAIA" means the Promotion of and Access to Information Act, 2 of 2000, enacted by the Republic of South Africa;
      3. "personal information" means personal information as defined in PAIA and ECTA;
      4. "incidental information" means all the information collected by us on this website including and not limited to personal information;
    2. It is recorded that we receive incidental information from you when you access this website.
    3. By accessing this website, we collect, use and store certain of your personal information.
    4. You acknowledge and consent that we may use your personal information collected by us by you accessing this website in terms of Section 51 of ECTA, to –
      1. to contact you, whether it be by electronic mail, telephone, traditional post or otherwise;
      2. validate you as a person who we wish to do business with and accept as a guest at our establishment;
      3. to prevent, detect and combat, phishing, fraud, any other criminal activity or any unlawful conduct;
      4. prevent damage to any of our property;
      5. contact you about new offers and services that we may provide;
      6. pass on your information to selected third parties (selected by us in our sole and absolute discretion); and
      7. compile research and reports which will allow us to analise same for purposes of management research or generally improving our services and/or business opportunities.
  9. Source codes and data
    1. You shall not tamper with reproduce, decompile, reverse engineer or otherwise access our source codes of this website without our prior written consent.
    2. By accessing this website, you agree not to scrape any data from this website and agree that scraping is in direct breach of the terms and conditions contained in these conditions and hold us harmless for any damages we or our clients or third parties, may suffer in this regard.
  10. Payments
    1. Delivery Policy:
      Subject to availability and receipt of payment, bookings will be processed within 2 (two) days and delivery confirmed by way of email and/or SMS (for i.e. booking number and booking voucher).
    2. Return and Refunds Policy:
      The provision of goods and services by us, is subject to availability. In case of unavailability, we will refund you in full within 30 (thirty) days. Cancellation of orders or reservations by you, will attract an administration fee in accordance with the booking confirmation document which is available on this website and which you confirm you have read and understood and have agreed to the terms thereof.
    3. Payment options accepted:
      Payment to us may be made via Visa or MasterCard, credit cards or by bank transferring into the Pine Lake Marina Limited bank account. (The details of which will be provided to you upon request in terms of this website).
    4. Credit Card acquiring and security:
      Credit card transactions will be acquired by us via PayGate (Pty) Limited who are our approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. (Users may go to www.paygate.co.za to view PayGate's security certificate and security policies.).
    5. Customer details separate from card details:
      Your information will be separated and stored from your card details which are entered into by you on PayGate's secure site. (We refer you again to the PayGate website for further detail).
    6. Merchant Outlet country and transaction currency:
      The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and our Transaction Currency is South African Rand (ZAR).
    7. Responsibility:
      You agree to be held directly responsible for any of the transactions made by you on this website even if your account is used by others.
    8. Transaction:
      By effecting payment via this website, you agree and confirm that we have entered into an electronic transaction as defined in ECTA (previously defined) and that you have authorised us irrevocably to deduct or to debit the credit card which you have provided for payment to us for services rendered or to be rendered.
  11. Reservations
    1. When making a reservation, you will be required to activate an account with us whereafter an email will be sent to you to verify your email address.
    2. You will be required to enter personal information (as defined).
    3. You will be prompted to select the dates of your stay as well as the chalet type which you require, whereafter the available chalets which match with your requirements will be sent to you for you to make a selection.
    4. You understand that the chalets are subject to availability in terms of paragraph 10.2.
    5. Cleaning services may be selected as an optional extra for stays of less than 5 (five) days whereas for stays longer than 5 (five) days, an automatic cleaning service will be added at the additional cost provided for.
    6. Once your selection is confirmed and verified, you will be provided with a payment interface which interacts with Paygate.
    7. You understand that you want to ensure that when making a payment, the address bar contains: https://pinelakemarina.co.za/ and the security certificate is our certificate issued by Thawte to us.  You take the full responsibility to ensure that the above process is followed to the letter.
    8. When payment is confirmed, a confirmation email will be sent to you.
  12. Privacy
    1. This paragraph 12 includes our Privacy Policy and by entering into this website, you specifically agree that you have read the Privacy Policy, understood it, and agreed to be firmly bound thereby.
    2. You understand that any communications or information on this website may and can be intercepted.
    3. You understand that by its very nature, the internet is not a secure platform and therefore you understand that we cannot ensure privacy and therefore take no responsibility therefore.
    4. You agree that we will not be held responsible for any damages that you, your employees, your agents or any other third parties, may suffer as a result of any information, be it confidential, or otherwise which you have made available to us through the medium of the internet, including any errors or changes which are made to or about the information.
    5. If you visit this website without disclosing any personal information (as previously defined), you still irrevocably grant express and written permission for us or our website service providers to connect your IP address and user computer.  You agree that the aforesaid information can be used by us as we, in our sole discretion, require and deem fit and you accept that we accept no obligation to protect this information which you agree is freely copyable, distributable, saleable and/or useable by us.
    6. You agree, subject to paragraph 8.4, that you provide us with an irrevocable, non-exclusive, fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish and derive and/or create any other works out of the personal information (previously defined) that you provide us with when requested by us through this website.  We may exercise our rights in terms of this paragraph without penalty of any royalty, or fee, or damages.
    7. Any incidental information (previously defined), which you provide us with, (i.e. that information which we have not requested you to provide us with), may be used by us in the same way as the personal information listed above: Provided that we will not be limited by paragraph 8.4.  You warrant that the incidental information is your own, that it is accurate and that you are not infringing any other person's rights when providing us with this information and provide us with the right, but not the obligation, to monitor, edit or remove such information.  You, however, agree that you will not post any incidental information on our website without the prior written consent given to you by us.
    8. You agree that we may send you any promotional information compiled by us, provided that you have the express right to opt-out of any such promotional information by contacting us by using our contact details provided hereunder.
    9. You agree subject to paragraphs 12.6 and 12.7, that any information that we receive via this website is fully transferrable by us to any third party, should we wish to dispose thereof.
    10. You agree that we are not under any obligation, other than the obligations under ECTA, to protect or store any information. 
    11. You agree that we may intercept, block, read, delete, disclose and/or use all communications and/or information sent to us, subject of course to the provisions of the Regulation of Interception of Communications Act, 70 of 2002 and you expressly hereby agree that your consent to do so, satisfies the requirements of both ECTA and the aforesaid Act in writing.
  13. Understanding
    1. You confirm and undertake that you have read through these conditions and understand the content thereof.  You expressly agree that the language used in these conditions is understandable by you.
  14. Professional Advise
    1. You agree that you were free to obtain professional advise before agreeing to these conditions and/or accessing this website. By accessing this website, you agree and confirm that you have either received such advise or have dispensed with the necessity to receive same. We will not be held liable for the costs of any advise that you seek.
    2. You agree that we provide accommodation, catering or leisure services and that, when a transaction is concluded in terms of this website, we agree to provide you services on a specific date or at a specific period, you therefore do not enjoy a "cooling-off" right as contemplated in Section 44 of ECTA.
  15. Exclusion of liability
    1. You agree to hold us harmless and exclude us from any liability for whatever damages you may suffer or that third parties may suffer as a result of non-compliance with these conditions by you or any of your employees, agents or third parties using your account details.
    2. You understand that we will not be held liable for any damages which you may suffer when accessing or making use of this website, including but not limiting the generality of the aforesaid, the use of our payment system, the transmission or publishing of any incidental or personal information provided by you, the interception of any incidental information, or the scraping of any information.
  16. Variation
    1. We reserve the right to vary these terms and conditions as and when we deem fit and you undertake, when using this website, to stay up to date with any amendments to these conditions.
  17. Whole agreement and costs
    1. These conditions contain the whole agreement between us and no variation thereof shall be of any force and effect unless we vary the conditions or unless we agree in writing (and signed by both us) with reference to these conditions that a new agreement has been entered into between us.
    2. You agree to be held liable for all our costs on an attorney/client scale (in accordance with the Court's applicable tariffs, based on South African Law), should we need to institute any action or legal proceedings against you as a result of any breach of these conditions.
  18. Governing law
    1. You agree that the laws of the Republic of South Africa are applicable to these conditions and agreements created in terms thereof between us.
  19. Jurisdiction
    1. You hereby consent to the jurisdiction of the High Court of South Africa (Western Cape, Cape Town) for all disputes or other legal proceedings between us resulting from the use of this website and/or emanating out of these conditions.
  20. Details
    1. In accordance with ECTA we make the following information available to you as a result of any agreement entered into and between us which constitutes an electronic transaction as defined
      in ECTA :
Name : Pine Lake Marina Limited
Registration Number : 2008/028535/10
VAT Registration Number :   4470252471   
Physical address : Pine Lake Marina Resort, N2 (Swartvlei exit), Sedgefield, 6573.   
Telephone number :    +27 (0)44 349 2200
Place of registration :   The British Virgin Islands
Directors Cadogan Directors Limited
Website : https://pinelakemarina.co.za
Email address reservations@pinelakemarina.co.za

We accept all legal proceedings and legal documents at the following address:

C/o Raubenheimers Incorporated
60 Cathedral Street
Western Cape, South Africa.
[Reference: Dr. W van Breda (or) Rick Claughton].