Terms and Conditions

2025-11-05

CLIENT ACKNOWLEDGEMENT 

1.1. I hereby acknowledge that The Cape 1000 Pty (Ltd) (hereafter “The Cape 1000”) Terms and  Conditions and The Safari 500 Tour Pack have been distributed to me during and as part of the The  Safari 500 Event and received on date of acceptance of these terms and conditions, remains  property of The Cape 1000 and that the use of The Safari 500 Tour Pack is subject to the Terms and  Conditions, as set out in this document below.  

1.2. All Copyright and Intellectual Property that subsists in The Safari 500 Tour Pack and which enjoys  protection inter alia under the South African Copyright Act, No. 98 of 1978 (as amended),  international treaties and other applicable laws, remains exclusively the property of The Cape 1000.  

1.3. Any unauthorized copying or reproducing of The Safari 500 Tour Pack and/or any portion  thereof, in any manner without the permission of The Cape 1000, is strictly prohibited and  constitutes a violation of the relevant Copyright, unless copies or reproduced for purposes of  research, private study or private use.  

1.4. The Safari 500 Tour Pack will be used solely for the purposes of providing information required  in order to conduct the The Safari 500 Event, which include but are not limited to: (i) route  information; (ii) activity information; (iii) accommodation information; (iv) and travel and/or flight  information.  

1.5. The Safari 500 Tour Pack and Terms and Conditions contained herein are provided to you “as is”  and your reliance thereon is entirely at your own risk. Moreover, The Cape 1000 does not represent  or warrant that The Safari 500 Tour Pack will meet any particular criteria of accuracy, completeness,  reliability, performance or quality.  

1.6. The Safari 500 Tour Pack may only be used for the duration of The Safari 500 Event,  commencing from the date on which you receive The Safari 500 Tour Pack. The Safari 500 Tour Pack may only be used by you and may not be assigned, transferred, sub-licensed or distributed to any  third party. You acknowledge that the ideas and expressions contained in The Safari 500 Tour Pack and Terms and Conditions below any modifications thereof are confidential and proprietary to The  Cape 1000 and that you undertake not to divulge or disclose these documents to any third party.  

1.7. The Cape 1000 will not be liable for any damages or losses whatsoever relating to your use of  The Safari 500 Tour Pack in any manner. This includes but is not limited to, any direct, indirect,  special, incidental, punitive or consequential loss, whether in contract, statute or delict, that arises  from your use of The Safari 500 Tour Pack. I hereby indemnify The Cape 1000 against any claims of  whatsoever nature by any third party or third parties arising from the use of The Safari 500 Tour  Pack. 

  1. TERMS OF USE 

2.1. The Safari 500 Tour Pack and Service related thereto are offered to the Client for the duration of  The Safari 500 Event. 

  1. DEFINITIONS 

3.1. “Agreement” means this agreement any annexures related thereto; 

3.2. “Client” means a party who has concluded an Agreement with The Cape 1000 for their services  related to The Safari 500 Event; 3.3. “Commencement Date” means the date of signature of the  Client signing this Agreement  

3.4. “Confidential Information” means any information which is confidential and/or proprietary to  the Party disclosing such information to the Party receiving same, including but not limited to  Personal Information, reports, pricing structures and any other proprietary and confidential  information, trade secrets, business methods, any information of a Party’s business, in whatever  form including but not limited to all graphic and other reproductions of the written word, depictions  and pictorial material, and all audio-visual and machine-readable;  

3.5. “ECTA” means Electronic Communications and Transactions Act No. 25 of 2002, as amended; 3.6.  “IP” means all and any intellectual property rights owned and/or utilized by The Cape 1000 in  rendering the Services, including, but without limitation discoveries; inventions; designs; processes;  know-how; technical know-how; research results; works of authorship; data, databases; trade or  business names; domain names; the trade marks; rights in any design (registered or unregistered and  applications for same); copyright (including rights in computer software and typography rights);  confidential and proprietary knowledge and information and any rights protecting same; business  goodwill and reputation and rights protecting same; database rights; and all intellectual property  rights and forms of protection of a similar nature to any of the foregoing or having an equivalent  effect anywhere in the world;  

3.7. “The Cape 1000” means The Cape 1000 Pty (Ltd), Registration No. 2022/503419/07 with its  principal place of business at 29 Satara Street, Sommerset West, 7130;  

3.8. “The Safari 500 Tour Pack” means an informative document providing important information to  the Client regarding The Safari 500 Event, and providing guidance to the Client regarding routes,  functions, accommodation and activities associated with The Safari 500 Event.  

3.9. “Parties” means The Cape 1000 and the Client collectively and “Party” shall mean either of them;  

3.10. “Personal Information” means any personal information of a Third Party and/or indirectly the  Client, and includes but is not limited to the Client or the Third Party’s name, location, vehicle make,  model, colour, number plate contact numbers, e-mail address, driver license details, and any other  personal information as defined in section 1 of the ECTA and POPI;  

3.11. “Disclosing Party” means the Party disclosing Confidential Information to the Receiving Party  under this Agreement; 3.12. “Receiving Party” means the Party receiving Confidential Information  from the Disclosing Party under this Agreement.  

3.13. “POPI” means the Protection of Personal Information Act No.4 of 2013, as amended;  

3.14. “Services” means the services to be provided by The Cape 1000 to the Client in terms of this  Agreement and in relation to The Safari 500 Event; and  

3.15. “VAT” means value-added tax as defined in the VAT Act No 89 of 1991. 

  1. TERMINATION 

4.1. The Cape 1000 shall reserve the right to terminate this Agreement by giving the Client 10 days  written notice.  

4.2. The Client shall reserve the right to terminate this Agreement by giving The Cape 1000 30 days  written notice. 

4.3. The Parties can enter into an alternative agreement to terminate this Agreement; provided that  both Parties will shall agree to such an alternative agreement in writing. 

  1. PROVISIONS RELATED TO THE SERVICES 

5.1. The Cape 1000 undertakes to render the Services to the Client in terms of this Agreement.  

5.2. The Cape 1000 may temporarily suspend its obligations in terms of this Agreement in order to  service, repair, maintain, upgrade, modify, alter, replace or improve any of the Services. Where  circumstances permit, The Cape 1000 shall use reasonable endeavors to provide prior notice of any  such suspension to the Client. The Client shall not be entitled to any set-off, discount, refund or other  credit in respect of any such suspension of the Services. 

  1. PAYMENT TERMS 

6.1. The Client shall pay 100% of the total invoice amount within 48 hours of receipt of the invoice  in respect of The Safari 500 Event.  

6.2. Consequently, failure to make this payment shall allow for The Cape 1000 to invoice an  alternative Client for Services to be rendered under this Agreement, subject to reasonable  amendments. A schedule of payment arrangements is attached herewith as Annexure A.  

6.3. The Cape 1000 shall be entitled to increase any charges payable by the client on 10 days’ notice  subject to both parties agreeing to the increase in writing.  

6.4. The Cape 1000 shall be entitled to charge interest on any outstanding balance owed by the  Client at 2% per month above the prime bank rate of interest quoted by the Standard Bank of South  Africa.  

6.5. Should the Client fail to pay any amount owing to The Cape 1000 as set out in paragraph 6.1, The  Cape 1000 shall be entitled, in its discretion and without prejudice to any other rights which it may  have, to cancel this Agreement on written notice to that effect to the Client, or to suspend  performance of its Services pending payment in full by the Client.  

6.6. The Cape 1000 shall be entitled to retain a 20% facilitation fee where The Safari 500 Event is  cancelled and/or rescheduled due to circumstances beyond the control of The Cape 1000.  

6.7. The Client shall not be entitled to any set-off, discount, refund or other credit in respect of any  suspension or interruption of or delay where The Cape 1000 is unable to provide the client with the  Services due to circumstances beyond the control of The Cape 1000; other than the provisions set  out in paragraph 6.6 above. 

  1. DISCLAIMERS 

7.1. The Client shall have no claim against The Cape 1000 and hereby indemnifies and holds The  Cape 1000 harmless in respect of any liability for loss or damage as follows:  

7.1.1. caused by or arising from any fact or circumstance beyond the reasonable control of The Cape  1000;  

7.1.2. if such loss or damage is consequential or incidental;  

7.1.3. circumstances arising from directives and proclamations issued by the government arising  from COVID-19 and related circumstances subject to the Disaster Management Act 57 of 2002; and 

7.1.4. a Client diverges from the instructions provided in The Safari 500 Tour Pack, and suffers harm  as a result of such actions. 

  1. BREACH 

8.1. In the event of either of the Parties (“the defaulting party”) committing a breach of any of the  provisions of this Agreement and failing to remedy such breach within a period of 10 days after  receipt of a written notice from the other Party (“the aggrieved party”) calling upon the defaulting  party to remedy, then the aggrieved party shall be entitled, at its sole discretion and without  prejudice to any of its other rights in law, either:  

8.1.1. to claim immediate payment and/or performance by the defaulting party of all of the  defaulting party’s obligations under this Agreement, whether or not the due date for such payment  and/or performance shall have arrived; or  

8.1.2. to cancel this Agreement as against the defaulting party, in either event without prejudice to  the aggrieved party’s rights to claim damages.  

8.2. Any amount falling due for payment by either Party, in terms of or pursuant to this Agreement,  including any amount which may be payable as damages shall bear interest at 2% above the prime  bank rate of interest quoted by The Standard Bank of South Africa, calculated from the due date for  payment (or, in the case of any amount payable by way of damages, with effect from the date upon  which those damages are sustained) to the actual date of payment thereof, both dates inclusive.  

8.3. All costs, charges and expenses of whatsoever nature which may be incurred by either Party in  enforcing its rights in terms hereof including legal costs on the scale as between attorney and own  client and collection commission, irrespective of whether any action has been actually instituted,  shall be recoverable from the other Party. 

  1. GIVING OF NOTICE 

9.1. The Parties choose as their respective domicilia citandi et executandi for all purposes under this  Agreement, whether in respect of payments, court process, notices or other documents or  communications of whatsoever nature the addresses contained in the Application Form to which  these terms and conditions are attached.  

9.2. Any notice or communication required or permitted to be given in terms of this Agreement shall  be valid and effective only if given in writing but it shall be competent to give notice by email,  provided receipt is received confirming due completion of transmission.  

9.3. Either Party may by notice to the other change the physical address chosen as its domicilium  citandi et executandi to another physical address in the Republic of South Africa, or its email address,  provided that the change shall only become effective upon receipt of the notice by the addressee.  

9.4. Any notice to a Party which is:  

9.4.1. sent by prepaid registered post in a correctly addressed envelope to it at its domicilium citandi  et executandi shall be deemed to have been received on the 10th day after posting (unless the  contrary is proved); or  

9.4.2. delivered by hand to a responsible person during ordinary business hours at its domicilium  citandi et executandi shall be deemed to have been received on the day of delivery; or 

9.4.3. transmitted by electronic mail to its chosen e-mail address (if any) stipulated in the Application  Form, shall be deemed to have been received on the first business day succeeding the date of  dispatch (unless the contrary is proved).  

9.4. Notwithstanding anything to the contrary herein contained, a written notice or communication  actually received by a Party shall be an adequate written notice or communication to it  notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi. 

  1. PROCESSING PERSONAL INFORMATION 

10.1. For purposes of this clause, the definition as provided in POPIA for the term “Process” and  “Personal Information shall herein apply.  

10.2. Each Party may Process Personal Information of the other, and accordingly consents to the  Processing of the Personal Information. The Parties further undertake, in terms of POPIA, to:  

10.2.1. maintain reasonable security measures similar to those considered to be best practice in its  industry;  

10.2.2. implement additional security measures as may be required by agreement between the  Parties from time to time;  

10.2.3. Process Personal Information only with the knowledge and authorization of the Disclosing  Party;  

10.2.4. ensure that where the Disclosing Party’s Personal Information is being transferred to a third  party outside the Republic of South Africa, that the Receiving Party enters into a written agreement  with the third party that provides an adequate level of protection substantially similar to that of  POPIA;  

10.2.5. notify the other Party immediately of becoming aware of an actual or suspected security  breach;  

10.2.6. indemnify the other Party against any loss, damages, claims, penalties, fines and/or any other  cost (including legal fees) that a Party may suffer due to the Receiving Party’s failure to comply with  POPIA and/or the provisions of this clause.  

10.3. The Receiving Party hereby agrees that any breach of this Agreement may result in irreparable  injury and damage to the Disclosing Party that may not be adequately compensable in money  damages, and for which there may be no adequate remedy at law. The Receiving Party therefore  consents and agrees that, as a non-exclusive remedy for the Receiving Party’s breach of this  Agreement, the Disclosing Party may obtain injunctions, orders or decrees as may be necessary to  protect its Confidential Information. 

  1. GENERAL 

The Parties acknowledge and agree that:  

11.1. this Agreement constitutes the entire contract between them and no provisions, terms,  conditions, stipulations, warranties or representations of whatsoever nature, whether express or  implied have been made by any of the Parties or on their behalf except as are recorded herein;  

11.2. no relaxation, extension of time, latitude or indulgence which either Party (“the grantor”) may  show, grant or allow to the other (“the grantee”) shall in any way constitute a waiver by the grantor 

of any of the grantor’s rights in terms of this Agreement and the grantor shall not thereby be  prejudiced or estopped from exercising any of its rights against the grantee which may have then  already arisen or which may arise thereafter;  

11.3. no alteration, variation, amendment or purported consensual cancellation of this Agreement or  this clause 9 or any deletion therefrom:  

11.3.1. shall be of any force or effect unless reduced to writing and signed by or on behalf of the  Parties; and  

11.3.2. shall be valid if done by electronic means;  

11.4. they have undertaken to each other to do all such things, take all such steps and to procure the  doing of all such things and the taking of all such steps as may be necessary, incidental or conducive  to the implementation of the provisions, terms, conditions and import of this Agreement;  

11.5. the Client shall not be entitled to cede, assign or otherwise transfer any of its rights, interests or  obligations under and in terms of this Agreement without the prior written consent of The Cape  1000;  

11.6. The Cape 1000 shall be entitled, at its discretion, to cede, assign or otherwise transfer any of its  rights, interests or obligations under and in terms of this Agreement without the prior written  consent of the Client; and  

11.7. The Cape 1000 shall be entitled, at its discretion, to cede, assign or otherwise transfer any of its  rights, interests or obligations under and in terms of this Agreement without the prior written  consent of the Client. 

Customer Full Name: ___________________________  

Customer Signature: ___________________________ Or otherwise acknowledged on electronic  registration form

ANNEXURE A: PAYMENT SCHEDULE AND CANCELLATION POLICY (SAFARI 500) Payment Schedule 

  1. 100% of the total invoice amount will be payable within 48 hours of receipt of the invoice in  respect of The Safari 500 Event. 

Cancellation Policy 

  1. The Registration in respect of the Safari 500 Event will be transferable to another party up to and  including the 31st March 2026, subject to that vehicle’s approval by the admissions committee. 
  2. It will be understood between the Parties that the transfer of the Registrations set out above will  result in logistical challenges wherein some regalia items cannot be supplied to a newly registered  Client due to time constraints. 
  3. A 25% Cancellation fee will be applied where a Client cancels his or her Registration on or before  30th April 2026. 
  4. A 100% Cancellation fee will be applied where a Client cancels his or her Registration on or  before 30th May 2026. 

5. Please note: Unforeseen cancellations due to medical reasons, unrest, natural disaster, force  majeure, or any other related circumstances are subject to the above-mentioned terms and do not  constitute a valid reason for waiver of the cancellation policy terms.