HILIFE WEBSITE TERMS OF USE

3. ALLOWED USE OF THE HILIFE WEB SITE

3.1 HiLife license to you, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to use the HiLife website to:-

3.1.1 browse, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only; and

3.1.2 make legitimate purchases as allowed.

3.2 License conditions:

3.2.1 Other than as agreed to above, you may not use, copy, adapt, redistribute or modify the Content or any part thereof or frame, "mirror", data-mine or cache the HiLife website or reverse engineer, copy, modify, re-distribute, decompile or create a derivative work of the HiLife website or software, or any part thereof without prior written authorisation from HiLife;

3.2.2 HiLife does not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any invitations to do business in the HiLife website.

3.2.3 You may not sublicense any of the content available from the website. You must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;

3.2.4 You may not assign, transfer or sublicense the rights pursuant to this Agreement;

3.2.5 You agree to supervise all usage by minors (younger than 18 years of age) of this website under your name or account; (i.e. suppliers)

3.2.6 In all of the aforesaid licensed rights, HiLife must be acknowledged as the source of the material and the HiLife contact details must be reflected accordingly;

3.2.7 You may not use the HiLife website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamation, racist or offensive of nature or may result in the infringement of intellectual property;

3.2.8 You may not make any speculative, false or fraudulent purchase from the HiLife website

3.2.9 Your fair use and other rights are in no way affected by the above;

3.3 Hyperlinks to and from HiLife website

3.3.1 This HiLife website may contain links to other websites operated by third parties. HiLife does not endorse the operators and / or owners of third party websites, or operate or control in any respect any of the information, graphics and material on those third party websites or guarantee that the website will be operation at all times;

3.3.2 Links to third party websites are included solely for the convenience of Users. The User therefore assumes sole responsibility for the use of a third party website;

3.3.3 HiLife makes no warranties or representations:

3.3.3.1 regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party website content or products or services available through third party websites; or

3.3.3.2 that third party website content does not infringe the intellectual property rights of any person.

3.3.4 HiLife expressly disclaims acting in any respect on behalf of third party website operators and / or owners. Please note that third party websites may be subject to their own terms of use and privacy policies different from those of this site;

3.3.5 Hyperlinks to the HiLife website will be allowed, subject to the following conditions:

3.3.5.1 Submit request to hyperlink to HiLife, reflecting the details of your organisation and particular web site that will host the hyperlink to HiLife web site;

3.3.5.2 On acceptance of your request you will receive a Linking Agreement to be signed and submitted to HiLife. On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.;

3.3.5.3 Authorisation to link to the HiLife Web site shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form whatsoever between the User and HiLife nor authorise the User to incur any liability on behalf of HiLife;

4. INTELLECTUAL PROPERTY RIGHTS

4.1 The Intellectual Property available on the HiLife website or obtained via the interaction between yourself and HiLife is the property of - or license to HiLife and may not be utilized outside the licensed terms as set out under these terms and conditions;

4.2 E-mail addresses, names, telephone numbers and fax numbers published on the HiLife website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from HiLife to utilise same.

4.3 HiLife would be pleased to consider requests for permission to disseminate or use HiLife content outside the scope of the license terms set out under above, provided that our written approva1 is obtained in advance. To obtain approval please contact us at: info@hilife.co.za.

5. SERVICE SPECIFIC TERMS AND CONDITIONS

5.1 ACCESS TO HILIFE WEBSITE

5.1.1 General Access to HiLife Website - free;

5.1.2 Supplier Access to HiLife Website - free (require registration)

5.2 THE LIFE STYLE EXPERIENCES - GENERAL

5.2.1 To view the Life Style Experiences services available from HiLife website go to the categories: adventure, romance, indulgence, family fun and extravagance.

5.2.2 All promotional material, pictures, illustrations and descriptions used in this package are for illustration purposes only.

5.2.3 HiLife has made every effort to ensure that the information supplied was correct at the time of publishing. However, HiLife, recommends that you and / or the user of any HiLife lifestyle experience confirms all details of the lifestyle experience with the third party lifestyle experience supplier when making the booking.

5.2.4 Session length (where applicable in terms of a lifestyle experience) is approximate and is only given as an indication of the time that each lifestyle experience may last.

5.2.5 Any itineraries given are intended as a guide and the running order and / or length of an event may change, due to unforeseeable reasons, including but not limited to, changes in the weather.

5.3 PRICING

5.3.1 Products (Life Style Experiences): see each Life Style Experience as per the HiLife Website - The price for the life style experiences are quoted under the respective categories: adventure, romance, indulgence, family fun and extravagance.

5.3.2 All transactions will be processed in South African Rands (ZAR). We accept credit card payments via the HiLife website and on request will supply our banking details should you wish to make payment via EFT. Submit your request to admin@hilife.co.za.

5.4 THIRD PARTY SUPPLIERS

5.4.1 HiLife acts as an Intermediary for third party lifestyle experience suppliers such as spas, experience operators, hotels or restaurants etc. The lifestyle experience bought or received by you is supplied by the third party lifestyle experience supplier.

5.4.2 Each third party Life Style Experience supplier will have its own terms and conditions relating to the Life Style Experience; kindly familiarise yourself with those terms and conditions which will be available to you prior to payment of your selected Life Style Experiences and to make it available to a person if such person is the user of said Life Style Experience and not you.

5.4.3 The contract for the supply of the lifestyle experience is between the consumer of the lifestyle experience and the third party lifestyle experience supplier.

5.4.4 This lifestyle experience is of no value until it is paid for in full.

5.5 PURCHASE

5.5.1 During the purchase of any Life Style Experience a reference number will be disclosed on the receipt of purchase / confirmation receipt / sales record available from the HiLife Website. If no reference number is disclosed: Kindly inform us immediately at +27 71 288 6086 or info@hilife.co.za.

5.5.2 You can view or print a full record of the transaction that you may have executed by using the HiLife Website. A transaction will be maintained for a period of 12 (twelve) months after the conclusion of the transaction on the HiLife website.

5.6 BOOKING

5.6.1 At the time of booking with the third party supplier, the reference number as indicated on your receipt must be provided to the third party lifestyle experience supplier. If you purchase the lifestyle experience as a gift for someone else, then kindly ensure that this person gets the reference number from you before contacting the third party supplier.

5.6.2 All lifestyle experiences are subject to availability. Availability may depend on weather conditions and/or busy peak time periods.

5.6.3 The lifestyle experience should be scheduled at least 21 (twenty-one) calendar days in advance.

5.6.4 The consumer must contact the third party lifestyle experience supplier in order to schedule the lifestyle experience. See the contact details of the third party supplier enclosed under each of the respective terms and conditions.

5.7 ON DAY OF UTILISATION OF THE LIFESTYLE EXPERIENCE

5.7.1 the original HiLife Life Style Experience package and reference number must be presented to the third party lifestyle experience supplier.

5.8 SUITABILITY

5.8.1 Each Life Style Experience may carry some restrictions.

5.8.2 You and/or the user of the Life Style Experience are responsible to ensure that you / user comply entirely with the terms & conditions of the third party Life Style Experience supplier.

5.8.3 Persons with disability should verify with the third party supplier whether they have the necessary facilities to accommodate the disability.

5.8.4 Kindly peruse the third party supplier’s terms and conditions enclosed hereto

5.8.5 An exchange fee shall apply, if an experience must be exchange after purchased, if not suitable.

5.9 CANCELLATIONS, AMENDMENTS TO BOOKINGS AND EXCHANGE

5.9.1 The Lifestyle Experience is not refundable.

5.9.2 The Life Style Experiences are presented to you on the HiLife Website and do not equate to direct marketing. The Life Style Experiences are categorised as leisure services provided by the third party suppliers within a specified period and therefore no cooling off period will apply;

5.9.3 There is no cooling off period applicable to any Life Style Experience purchased from the HiLife Website

5.9.4 Cancellations:

5.9.4.1 Your right or the right of the user of the Life Style Experience to cancel in advance bookings or reservations shall be addressed under each Life Style Experience supplier’s terms and conditions.

5.9.4.2 Kindly take note that each Life Style Experience supplier may request a reasonable charge for cancellation of a booking or reservation, however such policies are governed by the Life Style Experience supplier itself.

5.9.5 Amendment to bookings: Any amendments to the booking shall be subject to the terms and conditions of the third party lifestyle supplier.

5.9.6 Exchanges:

5.9.6.1 Exchanges can only be done through HiLife [+27 71 288 6086 or info@hilife.co.za]

5.9.6.2 The HiLife Life Style Experience may be exchanged within six (6) months from date of purchase for another HiLife product for the same value, if the customer:

5.9.6.2.1 presents the original proof of purchase; and

5.9.6.2.2 the packaging of the lifestyle experience is still intact.

5.9.6.3 HiLife will charge an administration fee of 10% of the purchased value or R150.00, whichever amount is the highest with every exchange

5.9.6.4 Once the lifestyle experience is utilised, no exchanges will be entertained.

5.9.7 A HiLife lifestyle experience cannot be exchanged for cash and cannot be replaced if lost or stolen.

The lifestyle experience will be valid for six (6) months from the date the HiLife experience was purchased or exchanged.

5.10 PRIVACY POLICY AND STATEMENT: CLICK HERE [G1] TO VIEW OUR PRIVACY POLICY.

5.11 Users may lodge complaints with regard the HiLife web site with HiLife at e-mail: admin@hilife.co.za

5.12 SERVICE SPECIFIC LIMITATION OF LIABILITY

5.12.1 YOU OR THE LTIMATE USER OF THE LIFE STYLE EXPERIENCE MUST FAMILIARISE YOURSELF / HIM / HER WITH THE RISKS OF THE LIFE STYLE EXPERIENCE BEFORE UTILISING THE EXPERIENCE.

5.12.2 BY UTILISING THE LIFE STYLE EXPERIENCE, YOU OR THEUSER INDEMNIFIES THE HILIFE, ITS DIRECTORS, ITS EMPLOYEES AGAINST ANY CLAIM, DAMAGES OR LOSS OF WHATSOEVER NATURE IN RESPECT OF THE LIFESTYLE EXPERIENCE TO BE PROVIDED BY THE THIRD PARTY SUPPLIER.

5.12.3 YOU AND / OR THE USER ACCEPTS THAT THE UTILISING OF THE LIFE STYLE EXPERIENCE MAY BE DEPENDENT ON CERTAIN FACTORS BEYOND HILIFE’S CONTROL AND THEREFORE AGREE THAT NEITHER HILIFE NOR THE THIRD PARTY LIFESTYLE EXPERIENCE SUPPLIER WILL BE HELD LIABLE FOR THE CANCELLATION OR POSTPONEMENT OF THE LIFESTYLE LIFE EXPERIENCE DUE TO SUCH FACTORS INCLUDING, WITHOUT ANY LIMITATION, TO WEATHER, MECHANICAL FAILURE, ACTS OF GOD ETC.

6. SECURITY

6.1 Although HiLife is not obliged to provide security on the HiLife website we feel it is important that your information or any communication between yourself and HiLife is dealt with in the most secure manner reasonable possible, however because of the nature of the internet HiLife cannot warrantee that your communications with HiLife via the website is completely secure;

6.2 To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to HiLife’s right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other HiLife communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;

6.3 It is our policy to virus check documents and files before they are posted on this website. However, HiLife cannot guarantee that documents or files downloaded from this website will be free from viruses and HiLife do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to HiLife via this website, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website. You hereby indemnify HiLife, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the HiLife or its service provider’s infrastructure;

6.4 Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

6.5 Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems. Virtual Card Services continually reviews and enhances its security in line with technological changes. For details on Virtual Card Services Privacy Statement click on ‘VCS Privacy Statement’ available on the page where you need to add your card details.

6.6 The Merchant does not have access to credit details.

6.7 Supplier login facility: Once registered with HiLife the supplier will receive a password to login to HiLife database. The supplier hereby undertakes to keep the password secure and warrant that no 3^rd party shall use the HiLife login facility to, utilising the supplier’s password, and the supplier further acknowledges that he/she is responsible for ensuring that no unauthorised access to the login facility is obtained using the supplier’s password. The Supplier shall be liable for all such activities conducted pursuant to such use, whether authorised or not.

7. LIMITATION OF LIABILITY

7.1 HILIFE WEBSITE AND ALL MATERIALS FOUND ON THE WEBSITE ARE INTENDED FOR INFORMATION PURPOSES AND PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING, OR TERMS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THE INFORMATION, SOFTWARE OR SERVICES;

7.2 HILIFE FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE HILIFE WEBSITE. HILIFE MAY MAKE CHANGES / AMENDMENTS TO THE HILIFE WEBSITE, THE POLICIES, INFORMATION DESCRIBED IN THE MATERIALS OR CONTENT OF THESE TERMS AND CONDITIONS, AT ANY TIME WITHOUT NOTICE. HILIFE RESERVES THE RIGHT TO VARY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME. ANY CHANGES SHALL TAKE EFFECT UPON POSTING TO THIS WEBSITE. HILIFE MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND MAY DISCONTINUE ANY PART OF THE HILIFE WEBSITE OR SERVICES OR CERTAIN SOFTWARE OR VERSION OF CERTAIN SOFTWARE FOR THE UTILISATION OF THE HILIFE WEBSITE;

7.3 HILIFE, ITS DIRECTORS, EMPLOYEES OR ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, EXPENSES OR LOSSES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, ANY DELAYS, WHETHER IN AN ACTION IN CONTRACT OR DELICT, ARISING OUT OF THE USE OR INABILITY TO USE THE HILIFE WEBSITE OR PERFORMANCE OF THE HILIFE WEBSITE OR NON-PERFORMANCE OF THE HILIFE WEBSITE, I.E. HILIFE WEBSITE NOT AVAILABLE AS A RESULT OF 3^RD PARTY SERVICE PROVIDERS, MAINTENANCE, ENHANCEMENTS, EVENTS OUTSIDE THE CONTROL OF HILIFE OR FORCE MAJEURE EVENTS, EVEN IF HILIFE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. AGREEMENT AND ECOMMUNICATIONS

8.1 Formation and validity of this HiLife website agreement

You agree that:

8.1.1 you are at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein;

8.1.2 these website terms and conditions are valid, binding, enforceable and concluded in Johannesburg, the moment you access / view the HiLife Website and constitute the entire agreement between HiLife and you in terms of the website usage and shall take precedent over any disclaimers or legal notices attached to any communications or postings received by HiLife from you;

8.1.3 all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act).

8.2 Formation and validity of the HiLife Life Style Experience purchase agreement:-

8.2.1 Life Style Experiences presented on the HiLife Website are invitations to do business;

8.2.2 Your selection of Life Style Experience(s) and submission of your selection and payment details to HiLife constitutes an offer to purchase the selected Life Style Experience(s)

8.2.3 On receipt of your offer to purchase a selected Life Style Experience(s) from the HiLife Website, HiLife shallhave a right in its sole discretion to accept it or not;

8.2.4 On acceptance of your offer an agreement will be formed between you and HiLife in terms of the purchase of a Life Style Experience. TAKE NOTE: Each Life Style Experience has its own terms and conditions that should be rad before utilisation of the Life Style Experience. We recommend that you print and save those terms and conditions for your own records.

8.3 Time and Place of communication, dispatch and receipt

8.3.1 Data Messages sent from HiLife to you have been sent from HiLife’s place of business;

8.3.2 Data Messages sent from HiLife to you is deemed to be received by you when complete message are outside the control of HiLife (left the system of HiLife);

8.3.3 Data Messages from you to HiLife are deemed to be received by HiLife only when HiLife responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by HiLife that it does give legal effect to the Message;

8.4 Expression of intent

8.4.1 You acknowledge that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;

8.4.2 For purposes of electronic communications (including electronic transactions) between you and HiLife no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates your intent to be a party to this agreement and the purchase agreement;

8.5 Attribution of data messages to originator

8.5.1 You agree and warrant that the data message sent, from any computer or device that are owned by you or your employer or programmed by you or on your behalf, to HiLife was sent by you or a person that had authority to act on your behalf in respect of the data message.

9. TERMINATION

These Terms and Conditions and your access to the HiLife Website may be terminated at any time by HiLife without notice. All restrictions, disclaimers and limitations of liability by HiLife will survive termination, however, you will no longer be authorised to access the website.

10. BREACH

10.1 If the User is in breach of the terms and conditions of this website, HiLife reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to:

10.1.1 order for specific performance and damages;

10.1.2 terminate this Agreement and claim damages;

10.1.3 Institute criminal procedures where applicable and necessary;

10.2 All costs, charges and expenses of whatsoever nature which may be incurred by HiLife in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.

11. GENERAL AND MISCELLANEOUS

11.1 Whole record of agreement

These Terms and Conditions constitutes the entire understanding between the you and HiLife with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

11.2 No amendments except in writing

11.2.1 No addition to, variation of, or agreed cancellation of, this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the User and HiLife; and

11.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to HiLife shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;

11.3 Waivers

No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

11.4 Survival of obligations

Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.

11.5 Severability

If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :

11.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;

11.5.2 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.

12. APPLICABLE AND GOVERNING LAW

The law of South Africa and the jurisdiction of the South African courts shall govern this Agreement and subsequent purchase agreement.

We recommend you print out a copy of these terms and conditions for your future reference.