TERMS & CONDITIONS
These Terms and Conditions (“Terms and Conditions”) govern your use of the Abalone Hotel website located at www.https://www.abalonehotel.co.za/, and also the Abalone Hotel mobile application. By accessing and using the website or mobile application you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not wish to be bound by these Terms and Conditions, you may not access either the website or the mobile application.
Abalone Hotel reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
All rights in and to the content, which includes but is not limited to the text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, of this website or mobile application is reserved and retained by Abalone Hotel, its affiliates or subsidiaries or any other third party owner of such rights. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property right in or to the content.
You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, material on this website or mobile application. You may not use the website or mobile application for offensive, defamatory, incorrect or untrue disclosure to any persons. All trademarks, logos and icons may not be used without the prior permission of Abalone Hotel. Any unauthorised use of the Abalone Hotel website or mobile application may result in termination of your account at any time.
We reserve the right to change or discontinue the content and/or services available from the Abalone Hotel website or mobile application without prior notice. Abalone Hotel may also suspend or terminate the website or mobile application at any time without prior notice.
You shall not decompile and/or reverse engineer the source code of the website or the mobile application.
These website Terms and Conditions shall apply in respect of all persons accessing this website or mobile application, or otherwise providing Abalone Hotel with Personal Information, including minors. If you are a minor (under 18 years of age), you may use this website or mobile application only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website or mobile application you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website or mobile application and the services. You agree to supervise all usage by minors of this website or mobile application under your name or account.
You are responsible for maintaining the confidentiality and security of your name and password for access to the website or mobile application and you accept full liability for all activities that occur on or related to the website or mobile application under your name. You may not impersonate another user accessing the website or mobile application, nor provide false information to gain access to the website or mobile application.
Without limiting the generality of the aforegoing, the website or mobile application could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the website or mobile application prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new additions of this website or mobile application.
Merchandise visuals on the website may not necessarily be available for purchase at Abalone Hotel.
PROMOTIONS & SPECIALS
We may at times use this website to promote and offer the opportunity to participate in promotions and campaigns. All promotions and campaigns will be governed by their own Terms and Conditions. During the running of the campaign or promotions we may transfer personal information to a third party, being a sponsor or partner. All details of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.
Some of these promotions or campaigns may have the ability to send the offer to a friend with your comment. Should you choose this offer, we reserve the right to collect your friend(s) information.
LIMITATION OF LIABILITY
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on the website or mobile application, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this website or mobile application.
Due to the nature of the Internet, Abalone Hotel is unable to guarantee that any products and services or any website accessible by the website or mobile application are virus or error free. We therefore suggest that you check all e-mails, attachments and files before downloading them.
Both this website and mobile application are controlled, operated and administered by Abalone Hotel from its offices as set out below within the Republic of South Africa.
Abalone Hotel makes no representation that the content is appropriate or available for use in certain locations or countries.
Access to the website or mobile application from territories or countries where the content is illegal is prohibited. You may not use this website or mobile application in violation of South African export laws and regulations. If you access this website or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the High Court of South Africa in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
These Terms and Conditions constitute the entire agreement between Abalone Hotel and you with regard to the use of the content and this website and mobile application.
At Abalone Hotel our menu offerings are subject to change and may use ingredients containing common food allergens such as peanuts and other tree nuts, seafood including fish, molluscs and crustacea, wheat/gluten, eggs, dairy, soy, alcohol and sulphites.
We advise that you should always indicate to your waiter of any special dietary requirements, including intolerances and allergies, regardless of whether you are a returning guest or not.
Where possible, our staff will advise you on alternative dishes. However, while we do our best to reduce the risk of cross-contamination in our restaurants, due to the hand crafted nature of menu items the variety of procedures used in our kitchens and that the farming, handling and transportation of food items prior to their arrival in our kitchens is beyond our control we CANNOT guarantee that any of our dishes are free from allergens and therefore cannot accept any liability in this respect. Guests with severe allergies are advised to assess their own level of risk and consume dishes at their own risk.
The information provided on our website and in our restaurants should NOT be considered as any form of guarantee but as a best faith effort to provide you with information on our dishes. You should use this information to help you assess your own level of risk, based on your personal circumstances, before consuming any of our dishes.
Abalone Hotel (PTY) Ltd and its staff members, shareholders, subsidiaries, affiliates, officers and/or agents, will not assume any liability for adverse reactions to food consumed, or allergens which you may come in contact with whilst in the hotel.
Abalone Hotel, and any holding company, supplier, employee, director, partner, affiliate and agent, and any third party owner of rights or products (“the Owners”) make no warranty or representation as to the availability, accuracy or completeness of any third-party content accessible via an Internet link.
Neither the Abalone Hotel nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of the website or mobile application or any functionality thereof, or of any linked website, even if Abalone Hotel is expressly advised thereof.
You are encouraged to report untrue, inaccurate, defamatory or any other information necessary to Abalone Hotel.
Abalone Hotel will not be liable for costs incurred by you to obtain professional advice relating to any Abalone Hotel Terms and Conditions in any section of the Abalone Hotel website or mobile application.
LINKS TO OTHER WEBSITES
The Abalone Hotel website or mobile application may contain links to other sites which are not within our control. These other websites will have their own policies and we cannot be held responsible for these or any other terms and conditions that may be within these sites. The Abalone Hotel does not accept any liability or any loss or damage as a result of the products, services, content or information obtained through these third party websites.
You agree to comply with all laws applicable within the Republic of South Africa relating to the use of the Abalone Hotel website or mobile application.
Abalone Hotel offers you the ability to file complaints via the “Contact us” service of the website https://www.abalonehotel.co.za/. Currently Abalone Hotel does not subscribe to any alternative dispute resolution code or mechanism.
In the event that you need to contact Abalone Hotel for purposes related to these Terms and Conditions, please us the following:
Telephone: (022) 752 2044
Collection of Information
During your engagements with Abalone Hotel, we collect certain Personal Data in accordance with the law, specifically the Promotion of Access to Information Act 2 of 2000 (“PAIA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Protection of Personal Information Act 4 of 2013 (“POPI”).
The information collected by Abalone Hotel may include your name(s), gender, identification information, nationality, addresses, contact details, language preference, personal preferences, credit history, previous interactions with Abalone Hotel and its affiliates, data contained on public social media platforms, security footage and images, and credit or debit card numbers for online payment purposes.
In terms of the Protection of Personal Information Act (“POPI”), specifically sections 3 and 5, you have certain rights in respect of your personal information. Abalone Hotel encourages you to read and understand your rights in terms of the purposes of this Act.
Methods of Collection of Personal Data
Personal Data is collected by a number of different means, including the following:
1. Online Services:
Personal Data is received by Abalone Hotel whenever you supply your personal information via our website for the purposes of booking a reservation, making payment for goods and services, or otherwise communicating with us. You may choose not to provide certain Personal Data, but that may limit the services or products that you may wish to obtain fromAbalone Hotel.
Abalone Hotel also receives various types of information from you when you access our website, including personal information or data as detailed in the Promotion of Access to Information Act, the Protection of Personal Information Act and Section 1 of the Electronic Communications and Transactions Act.
2. Onsite Interactions:
Abalone Hotel acquires Personal Data when guests visit the premises in order to make use of our services.
3. Customer Care Services:
Personal Data is collected when guests or other persons make use of our customer services via telephone, fax, electronic mail or online chat. These communications may be recorded for the purposes of quality assurance and training.
4. Business Transactions:
We collect the Personal Data of companies and persons with whom we contract to provide Abalone Hotel and its guests with various goods and services.
5. Promotional Information:
Abalone Hotel aspires to provide first-class service to its customers, which necessitates Abalone Hotel providing information to you regarding new services or special offers.
6. Surveys and Statistical Profiles:
Abalone Hotel understands that efficiency and customer care translate into good service. Abalone Hotel may periodically conduct online customer care surveys in order to facilitate the updating of service standards. When it conducts a survey, Abalone Hotel will inform you how the information gathered will be used and will provide you with the opportunity to opt out from such surveys. Notwithstanding the foregoing, Abalone Hotel may choose to use personal information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
Collection of Other Data
Abalone Hotel may collect network or traffic data related to your use of and access to our services available on our website. Such data would include, but not be limited to, IP addresses, device and bowser data, location information, user preferences, program usage, number of page visits, page views and time spent using our online services. We use this information for security purposes, research, segmentation of our customer base, marketing our services and to ensure that our online services are operating effectively. Abalone Hotel also uses this information to determine use of the website and to improve the content therein.
You may visit the website without providing any personal information. You accordingly hereby grant express written permission for the website servers to collect the aforementioned data, but not the user’s e-mail address or any other distinguishing information. We may also aggregate data that has been collected and this aggregated data will not personally identify you or any other user. Abalone Hotel assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.
Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), you agree that Abalone Hotel may intercept, block, read, delete, and use all communications sent or otherwise communicated to Abalone Hotel, its employees, directors and agents. You agree that your consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.
Methods of Collection of Other Data
To ensure acquaintance with and awareness of the privacy measures and polices of Abalone Hotel, you are urged to take care to read and understand the ways in which information is received by Abalone Hotel:
1. Unsolicited Information:
If you post unsolicited content or other information to the website, unless otherwise indicated, then you grant to Abalone Hotel a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. You grant to the Abalone Hotel the right to use the name that you submit in connection with such information. You warrant that you own or otherwise control all of the rights to the information that you post; that the information is accurate; that by the supply of the information to Abalone Hotel, you do not violate this Policy and do not infringe the rights of any person or entity; and that you indemnify Abalone Hotel against all claims resulting from the receipt by Abalone Hotel of the information you supply to it. Abalone Hotel reserves the right but not the obligation to monitor and edit or remove any information posted to public pages. Abalone Hotel takes no responsibility and assumes no liability for any information posted by you or any third party.
2. Internet Browser or Device Information:
We collect certain data through your browser or device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the Online Services (such as the Apps) you are using. We use this data to ensure that our online services function properly.
3. Location services:
When you visit the website, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city within which you are located and to display a location map containing relevant information. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you may turn off the location services for the website under your account or browser settings, or in your mobile phone settings.
We collect certain data from cookies, which provide us with data such as browser type, time spent using our online services, pages visited, referring URL, language preferences and other aggregated traffic data. We use this data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalise your experience while using our online services and to recognise your computer to assist you in using our online services in future. We also gather statistical data to continually improve website and application design and functionality, and to assist us in understanding how they are used by customers.
Cookies further allow us to select which advertisements or offers are most likely to appeal to you and display them while you are using the online services or to send marketing e-mails. Cookies also allow us to track customer responses to online advertisements and marketing emails.
If you do not want data collected with cookies, you can choose whether or not to accept cookies by changing your browser settings. However, if you do not accept cookies, you may experience inconvenience in your use of our website. For example, we will not be able to recognise your computer and you will need to log in every time you visit. You also will not receive advertisements or other offers from us that are relevant to your interests and needs.
5. IP Address:
Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses our website, along with the time of the visit and the pages that were visited. We use IP addresses to determine usage levels of our online services and to diagnose server problems.
Use of Personal and Other Data
We may use your information to confirm that your booking has been received; to validate you as a guest when using our services and calling us; to prevent and detect criminal activity, fraud and misuse of or damage to our services or network; to prosecute those responsible and to contact you to invite you to form part of our customer panel or various research groups.
We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit scoring and improving business efficiencies.
We may use personal information collected about you to contact you by post, telephone and electronic mail (that is e-mail, picture, video and short message service) about functionality changes to our website or changes to our Terms and Conditions of use and to communicate with you regarding the use of our services.
We may use the information collected about you to contact you by post or telephone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
Subject to your preferences in respect of each of our services, selected third parties may use the personal data collected about you to contact you in respect of information that you might find interesting.
Access to and Disclosure of Personal and Other Data
You have the right to access information that we hold about you. The information about you which has been collected by Abalone Hotel shall be made available to you upon request.
Abalone Hotel provides its products and services in conjunction with its affiliates and subsidiaries. Personal Data is shared with those affiliates and subsidiaries, should they require it, in order to give effect to transactions that you choose to enter into. In this regard, and unless specifically restricted by you from the license below, you hereby and when entering into the specific transactions in question expressly grant in writing to Abalone Hotel and its affiliates and subsidiaries the right to collect and use, the Personal Data provided by you, for the purposes set out above.
Abalone Hotel may enter into business arrangements whereby its customer base is considered one of its most valued assets. In such an event, customer information will be one of the transferable assets.
WhenAbalone Hotel is served with due legal process requiring the delivery of personal information, it has the legal duty to abide by that demand, and will do so. Abalone Hotel may also impart personal information if permitted or required to do so by law, or to protect and defend the rights or property of Abalone Hotel.
Although Abalone Hotel takes all reasonable measures to ensure the security and confidentiality of your personal information, it is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
Abalone Hotel will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Abalone Hotel through the internet, or that you expressly or implicitly authorise Abalone Hotel to make, or for any errors in or changes made to transmitted information.
The time periods for which we keep your personal information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to store your information, however, we will not keep it for longer than necessary for the purpose for which the personal information was collected or for which it is to be processed.