TERMS OF USE OF THE TENIKWA WEBSITE

THESE “TERMS AND CONDITIONS”  GOVERN THE USE OF THE TENIKWA WEB SITE, MATERIALS, WEBSITE SERVICES TO PURCHASE PROGRAMS AND PRODUCTS, AND DONATIONS BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “YOU”).

BY USING THE WEB SITE/MATERIALS/WEBSITE SERVICES TO PURCHASE PROGRAMS AND PRODUCTS, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.

TENIKWA RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE/MATERIALS/WEBSITE SERVICES TO PURCHASE PROGRAMS AND PRODUCTS AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE, CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Acceptance Of Terms

Tenikwa Wildlife Rehabilitation and Awareness (“Tenikwa”) makes available for your use on this Web site (the “Site”) information, documents, functionality and articles (collectively, the “Materials”) and website services to book and pay for various programs and products offered by Tenikwa, and to make once off or regular donations towards Wildlife Rehabilitation (collectively, the “Programs and Products”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing or using this Site, which includes your access to or use of any of the Materials/Programs/Products, you agree to the Terms of Use. Tenikwa reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using or purchasing a particular Product or Program on this Site, you shall be subject to any posted guidelines, policies or rules applicable to such Program or Product that may contain specific terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, in our sole discretion, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Acceptance of Contractual Agreement

Client agrees that by placing an order either by means of electronic ordering (web order form) through the website (the “site”) or submitting a written contract, and receipt of such order by Tenikwa, that you are agreeing to our Terms of Sale and Policies. No modifications of said contract by customer are allowed.

Tenikwa will provide, and Customer will purchase and pay for, the Program or Products specified in the Order for the applicable Program or Product Description. Customer acknowledges that the Program or Product have been communicated to the customer, and that he/she is aware of all applicable charges and conditions of sale in terms of the Tenikwa policy.

Payments and Fees:

Payment is due when the program is booked, or when the product is purchased. No products will be picked for shipping until payment has been paid in full. No space will be reserved on programs until payment has been paid in full. Credit cards that are declined for any reason are subject to a ZAR 90.00 declination fee. Confirmed space on the program will be relinquished on payments that reach 10 days past due. Reserved stock from products purchased will be released for sale on payments that reach 10 days past due.

Delinquent Accounts:

Tenikwa may temporarily deny program or product availability or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued fees, or any collection fees.

Order Cancellation:

All requests for canceling any program booked or product purchased must be made through the “Contact Us” option on the Tenikwa Web site (the “Site”),  Confirmation receipt of cancellation will be sent within 24 hours. A ZAR50 cancellation fee is charged on all cancellations for which payment has been processed.

Refunds and Disputes:

No refunds will be issued on any programs booked during the following high season period – 15th December to 15th January,  Easter weekend, public holidays and any other special day (eg: Valentines Day, Mothers Day, Fathers Day).  No refunds will be issued on any programs cancelled within 3 days of the date of the booked and confirmed program. 50% refund will be issued if cancellation is before 3 days of the booked program. 90% refund will be issued if cancellation is done before 7 days of the booked program. No refunds will be issued any products already picked for postage.  All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, will be treated as a non payment.

Debit Orders:

By clicking on the Submit, Next or Proceed button on our Monthly Sponsor Form you legally acknowledge that you request and authorise Tenikwa to draw against your bank account or credit card with the bank specified on the order form (or any other bank or branch to which you may transfer your account) the amount stipulated by you, on the first working day of each and every month. This being the amount stipulated by yourself for the payment of the monthly donation to Tenikwa in respect of your monthly contribution towards rehabilitation costs. All such withdrawals from your bank account by Tenikwa shall be treated as though they had been signed by you personally. You further agree that you instruct and authorize Tenikwa’s agent,  Netbank (Pty) Ltd, to draw against your account with the specified bank, and that you understand that the withdrawals authorized here will be processed by Netbank (Pty) Ltd and you also understand that the details of each withdrawal will be printed on your bank statement. You agree to pay any bank charges relating to this debit order instruction, including charges for returned debits and related administrative fees. This authority may be cancelled by means of giving thirty days notice in writing, sent by either by registered post or electronic mail for which you receive an acknowledgement receipt, but you understand that you shall not be entitled to any refund of amounts which have withdrawn whilst this authority was in force.

Assignment: You acknowledge that the party hereby authorized to effect the drawing(s) against your account may cede or assign any of its rights to Netbank (Pty) Ltd and that Tenikwa may not delegate any of their obligations in terms of this contract/authority to any third party without prior written consent of the authorized party. You hereby confirm that you have read and agree with the above terms and conditions and that your electronic signature which is translated as the depression of the Submit, Next or Proceed button on our online Order Form and the recording of your machine’s IP address and time stamp, confirms your agreement to the terms and conditions.

Privacy Policy

Tenikwa collects, stores and uses data collected from You in accordance with the Company’s Privacy Policy. The Company’s Privacy Policy is that such data is considered confidential and will not be divulged to third parties.  The data may be used by Tenikwa as part of their marketing strategy and You acknowledge that You grant Tenikwa permission to use this information at their discretion for their own use.

License For User Content

Certain functionality offered on this Site accommodates or requires user-supplied information, materials or communications (collectively, ‘User Content’). By submitting User Content to this Site you grant Tenikwa the following type of license:

For User Content such as comments to the Tenikwa Wildlife Forum, Article or Gallery base, you grant Tenikwa an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that Tenikwa is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (b) we are required to do so by law.

Use And Protection Of Username And Password

You are responsible for maintaining the confidentiality of your username and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Third Party Website Links

This Site contains links to third-party Web sites that are not under the control of Tenikwa. Tenikwa makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Tenikwa Web site, you do so at your own risk and Tenikwa is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Tenikwa provides these links merely as a convenience and the inclusion of such links does not imply that Tenikwa endorses or accepts any responsibility for the content or uses of such Web sites.

Warranties And Disclaimers

Except As Expressly Provided Otherwise In A Written Agreement Between You And Tenikwa, All Materials, Programs And Products On This Site Are Provided “As Is” Without Warranty Of Any Kind, Either Express Or Implied, Including, But Not Limited To, The Implied Warranties Of Merchantability Or Fitness For A Particular Purpose, Or The Warranty Of Non-Infringement. Without Limiting The Foregoing, Tenikwa Makes No Warranty That (I) The Programs, Products And Materials Will Meet Your Requirements, (Ii) The Materials Will Be Accurate, Or Error-Free, (Iv) The Quality Of Any Products, Services, Or Information Purchased Or Obtained By You From The Site Will Meet Your Expectations

This Site Could Include Technical Or Other Mistakes, Inaccuracies Or Typographical Errors. Tenikwa May Make Changes To The Materials And Programs And Products At This Site, Including The Prices And Descriptions Of Any Products Listed Herein, At Any Time Without Notice. The Materials Or Services At This Site May Be Out Of Date, And Tenikwa Makes No Commitment To Update Such Materials Or Services.

Tenikwa Assumes No Responsibility For Errors Or Omissions In The Information, Documents, Software, Materials, Products And/Or Programs Which Are Referenced By Or Linked To This Site. References To Other Organisations, Their Services And Products, Are Provided “As Is” Without Warranty Of Any Kind, Either Express Or Implied.

In No Event Shall Tenikwa Or Its Suppliers Be Liable To You Or Any Third Party For Any Special, Punitive, Incidental, Indirect Or Consequential Damages Of Any Kind, Or Any Damages Whatsoever,  Whether Or Not Tenikwa Has Been Advised Of The Possibility Of Such Damages, And On Any Theory Of Liability, Arising Out Of Or In Connection With The Use Of This Site Or Of Any Web Site Referenced Or Linked To From This Site.

The Use Of The Website Or The Downloading Or Other Acquisition Of Any Materials Through The Site Is Done At Your Own Discretion And Risk And With Your Agreement That You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From Such Activities. No Advice Or Information, Whether Oral Or Written, Obtained By You From Tenikwa Or Through Or From The Site Shall Create Any Warranty Not Expressly Stated In The Terms Of Use.

Entire Agreement

These Terms and Conditions, together with the Tenikwa Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Tenikwa Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.