DRAGONFLY
1. Website Terms of Use agreement
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DRAGONFLY
1. Website Terms of Use agreement
1.1. These terms (“Website Terms”) govern your (“User”) use of the Dragonfly’s (“Provider” or “Dragonfly”) website located at the domain name www.dragonfly.co.za (the “Website”).
1.2. By accessing and using the Website, the User agrees to be bound by the terms set out in this legal notice. If the User does not wish to be bound by these Website Terms, the User may not access, display, use, download, or otherwise copy or distribute Content or Services obtained at or on the Website.
1.3. This Agreement contains provisions, which are recorded in a similar bold font to this, and which provisions may have the effect of (i) limiting Provider’s liability or risk or that of a third party and/or (ii) placing risk or liability on you, the User and/or (iii) obliging the User to indemnify the Provider or a third party and/or (iv) constituting a positive acknowledgement by the User of any fact.
1.4. The User hereby represents that you are an individual who is 18 years or older, in each case, who can form legally binding contracts and agree from the first date of use of our Website to be bound by these Website Terms and that in the Dragonfly’s Standard Terms and Conditions (hereinafter referred to as “STC’s”).
1.5. You agree not to provide any false or misleading User Content, information about your identity or location or the Services you require or offer, and to correct any such information that is or becomes false or misleading.
2. Introduction
2.1. Dragonfly Africa and Green Route Africa have been involved in providing a wide range of services across a broad spectrum of tourism, primarily focusing on incoming tourism from all over the world in the form of individual travellers, groups, meetings, incentives, conferences and exhibitions.
2.2. Dragonfly provides its services, including the Website to Users, subject to the Dragonfly’s STC’s and these Website Terms, which legal documents will apply to casual users of the Website, Users and Participants, and Dragonfly’s STC’s must be read as if herein included to the extent it applies to you (either as Customer, User or Participant).
2.3. The words used in capital letters in these Website Terms are defined in the Dragonfly STC.
3. Updating of these Terms
3.1. Provider may change, modify, add to or remove from portions or the whole of these Website Terms. Changes to these Website Terms will become effective when the changes are posted to this Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Website Terms, including any changes or updates.
4. Services
4.1. The Users hereby agree and warrant that you will use the Website as outlined in this agreement.
4.2. The Provider supplies services consisting of information in the form of Advertisements and the aforesaid information, and our Services are at all times subject to the Dragonfly’s STC, whether a juristic entity or an individual User of the Website.
4.3. Users may only use the information and Services for lawful purposes and you warrant that you shall not:
4.4. Users can’t use the Website to:
4.4.1. express an unlawful preference in a Service proposal or Supplier;
4.4.2. unlawfully discriminate against someone;
4.4.3. incite or encourage violence;
4.4.4. post personal identifying information or other sensitive, private data about another person;
4.4.5. spam other Users with proposals or invites;
4.4.6. make or demand bribes or payments for anything other than the Services rendered under a Dragonfly STC.
5. Complaints and disputes
5.1. Users may file complaints via the “Contact Us” service of the Website. By using the Website the Users agree to subscribe to the alternative dispute resolution mechanism stipulated in the Dragonfly STC.
6. Copyright and Intellectual Property Rights
6.1. Provider provides certain information on the Website. Content displayed on the Website is provided by the Provider, its affiliates or subsidiary, or any other third-party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third-party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
6.2. All rights in and to the Content are reserved and retained by the Owners subject to the indemnities in Dragonfly’s STC’s. Except as specified in these Website Terms, the User is not granted a license or any other right, including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content, nor may the Content be used or distributed without the prior written approval of the Provider.
6.3. The Website may contain hyperlinks to third-party sites. Provider is not responsible for the content of, or the services offered by those sites. The hyperlink (s) are provided solely for your convenience and should not be construed as an express or implied endorsement by the Provider of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.
7. Limited License to Users
7.1. Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, download (but not to otherwise copy) the current and future Content for personal, non-commercial and information purposes only, but excluding paid for Services, and the Content may not be copied, distributed, altered or used in any way without the prior written approval of the Provider.
7.2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
7.3. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another person, merchant, organisation, or for publication or dissemination elsewhere (whether in part or in whole).
7.4. The User may not frame the Website or the Content, or publish or reproduce same or any portion thereof, without the express written consent of Provider first being obtained, and this Website and the Content is subject to these Website Terms, and the Dragonfly STC’s.
7.5. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate Accounts, remove or edit Content, or cancel Services in their sole discretion.
7.6. Any unauthorised use terminates this license and/or User’s access and use of the Website.
8. Limitation of liability
8.1. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act (“ECTA”), and to the extent permitted by law, the Website and all Content on the Website, including any linked Website hosted by a Supplier, and/or our emails are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider (and its staff, employees and officers), Owners, Suppliers, service providers, employees, directors partners and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission, or use of outdated or discontinued Content. The Owners make no warranty or representation as to the availability, correctness, accuracy, suitability or completeness of the Content, or any third-party content accessible via an Internet link.
8.2. Neither Provider nor any employee, officer or Supplier or parent or subsidiary of Provider or the Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law, or reliance by you on the contents of any communication from Provider or its staff or officers.
8.3. Provider makes no warranty or guarantee to you or any third party and disclaims any warranties or guarantees express or implied, given in our Website communications and or on Website, the Content or any linked website, and Provider accepts no responsibility for the veracity of the Content therein.
9. Privacy, access to and use of information
9.1. Personal Data We Collect
9.1.1. We collect various types of personal data to provide our services effectively. This includes:
9.1.2. Contact information (names, email addresses, phone numbers)
9.1.3 Travel preferences
9.1.4. Passport details
9.1.5. Payment information
9.1.6. Health-related information (if relevant for travel arrangements)
9.1.7. Geolocation data (for trip planning)
9.2. How We Use Your Data
9.2.1. We use your personal data for the following purposes:
9.2.2. Booking and managing travel arrangements,
9.2.3. Communicating with you and our Suppliers about your bookings,
9.2.4. Providing customer support
9.2.5. Complying with legal obligations
9.2.6. Improving our services.
9.3. Legal Basis for Processing
9.3.1. Our legal basis for processing your data includes:
9.3.2. Contractual necessity (to fulfil travel bookings)
9.3.3. Compliance with legal obligations
9.3.4. Your consent (where applicable)
9.4. Data Sharing
9.4.1. We may share your data with:
9.4.2. Airlines, hotels, and other travel service providers
9.4.3. Payment processors
9.4.4. Government authorities (for immigration and security purposes)
9.4.5. Our trusted partners (only when necessary for travel arrangements)
9.5. Data Security
9.5.1. We implement appropriate technical and organizational measures to protect your data. This includes encryption, access controls, and regular security assessments.
9.6. Your Rights
9.6.1. You have the right to:
9.6.2. Access your personal data
9.6.3. Correct inaccuracies
9.6.4. Request deletion (subject to legal requirements)
9.6.5. Object to processing
9.6.6. Withdraw consent (where applicable)
9.7. Cookies and Tracking
9.7.1. Our website uses cookies for analytics and personalised content. You can manage cookie preferences in your browser settings.
9.8. International Transfers
Some of our service providers may be located outside the EU or South Africa. We ensure that adequate safeguards are in place for data transfers.
9.9. Retention Period
We retain your data as long as necessary for the purposes outlined in this policy or as required by law.
9.10. Contact Us
9.10.1. If you have any questions or concerns about your data, please contact our Data Protection Officer at info@dragonfly.co.za
9.11. The Client, Participants and their Agent(s) hereby irrevocably warrants that:
9.11.1. they consent to the use, storage and retention of their personal information (including that of any minor Participant(s) or attendees, and any Special Personal Information as defined in the Protection of Personal Information Act) provided to Dragonfly and that such information is up to date true and correct,
9.11.2. they are competent to consent hereto in respect of minors and undertake to inform Dragonfly immediately of any changes to any personal information or circumstances which have a bearing on this Agreement;
9.11.3. they understand that Dragonfly and/or their Supplier (“the Indemnified Parties”) will not divulge any personal information to a third party (other than as disclosed herein) unless required by law, and furthermore, they hereby consent to the Indemnified Parties sharing their personal information with third parties to comply with the legal, accounting and financial requirements of the Indemnified Parties and/or to deliver services, news and marketing material or Extra’s to the Client, Participants or their Agent;
9.11.4. they agree and understand that where the Indemnified Parties provided third parties with their personal information or special personal information such as health or biometric information, amongst others, they do so in the discharge of their duties under this agreement or for the proper treatment or care and/or hospitality of the Client, Participants (including minors)/Agents. The Indemnified Parties do not have control over the management and utilisation of that information. The Client, Participants (including minors)/Agents accordingly indemnifies and holds harmless the Indemnified Parties and its officers, staff and representatives against any Claims of whatsoever nature (including penalties and/or fines and legal costs on the scale of attorney and own client) suffered by the Indemnified Parties, any Participant/Agent/their attendees as a result of a breach by the Participants/Agent/their attendees of their warranties under the agreements.
9.11.5. they will ensure that the terms of the agreements are brought to the attention of each Participant, their Agent or attendees,
9.11.6. they hereby agree to the transfer/storage of their personal information cross-border if required and accept that Dragonfly will endeavour that the same level of protection is afforded to such information as that processed in South Africa.
10. Cookies
10.1. Provider may store some information (commonly known as a “cookie”) on your computer when you visit our Website. This enables the Provider to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully). Apart from merely establishing basic connectivity and communications, the Provider may also use this data in aggregate form to develop customised services – tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the Website not to be accessible.
11. Privacy – casual surfing
11.1. The User may visit the Website without registering or providing any personal information. Such a User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
11.2.This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content.
11.3. Provider assumes no obligation to protect this information, other than as may be legislated, and may copy, distribute or otherwise use the information to the extent permissible by law.
12. Confidentiality
12.1. The Parties acknowledge and agree that the nature of the relationship between the Parties may require the exchange of confidential information, requiring the exercise of caution, discretion and good faith in the use and dissemination of such confidential information. It is envisaged that the Provider on the one hand and/or the User on the other shall from time to time disclose and make available to each other certain confidential information (Discloser of information hereinafter referred to as the “Discloser”) (Recipient of information hereinafter referred to as the “Recipient”). The Discloser wishes to protect the confidentiality of such confidential information, in order to protect and maintain its property, goodwill, business and proprietary interests. Accordingly, the Parties hereby agree to the protection of the Discloser’s confidential information on the terms recorded herein below.
12.2. The Recipient hereby warrants, agrees and undertakes to and in favour of the Discloser that as at the date of signature hereof and at all times hereafter:
12.2.1 it shall maintain the Confidential Information as confidential and shall not (whether directly or indirectly) disclose or divulge the Confidential Information in any form whatsoever to any person or entity other than as provided for in clause 12.2.4. hereunder or with the express written permission of the Chief Executive Officer of the Discloser;
12.2.2. it shall not (directly or indirectly) use, exploit, permit the use of or in any other manner whatsoever apply the Confidential Information disclosed to it pursuant to the provisions of this Agreement for any purpose whatsoever other than for the purpose for which it was disclosed and then in accordance with the provisions of this Agreement and shall process same strictly in accordance with the Protection of Personal Information Act 4 of 2013;
12.2.3. it shall not (directly or indirectly) sell, licence, manufacture or otherwise deal in or use, whether for its own account or that of any other party’s account, any of the Confidential Information without the express written consent of the full board of directors of the Discloser;
12.2.4. it shall not disclose any of the Confidential Information to any of its agents and/or employees unless the disclosure is strictly necessary and/or required to comply with any business transaction between the Parties. The Recipient warrants and undertakes to and in favour of the Discloser that it will inform its agents and/or employees of the terms and effect of this Agreement.
12.2.5. it will take all such steps as may reasonably be necessary and/or required by the Discloser to protect against unauthorised reproduction of the Confidential Information;
12.3. it acknowledges and agrees that the Confidential Information is the exclusive property of the Discloser and its unauthorised use or disclosure can irreparably harm the Discloser. The Recipient consents never to challenge the validity of the Discloser’s ownership in the Confidential Information or in any of its intellectual property rights in relation thereto.
13. User Content
13.1. Please note that the Provider and other Users:
13.1.1. may post public comments or reviews on the Website,
13.1.2. have some rights to what you post, meaning whenever you post content on our Website, other than Confidential Information as defined above and in the Dragonfly STC’s, you give Us and our affiliates a permanent right (called an ‘irrevocable and non-exclusive worldwide license’) to use, edit and share that content – across the world and without paying royalties. If your name, voice and image appear in the content you post, we also might use those on the Website or in our day-to-day business.
13.2. You also give us the right to access and use your content through the Website with the right to use, copy and share your content, subject to our Dragonfly STC’s and the law.
14. Privacy- interception
14.1. Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. The User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.
15. Access to Information Manual
15.1. The Provider’s Access to Information Manual can be obtained at:
Post: The Information Regulator
POPIACompliance@inforegulator.org.za
Postal: P.O Box 31533 Braamfontein, Johannesburg, 2017.
Telephone: 010 023 5200
Contact Person: Ms. Pfano Nenweli, Email: PNenweli@justice.gov.za Deputy Information Officer: Ms. Varsha Sewlal, Email: VarSewlal@justice.gov.za
16. Indemnity
16.1. Dragonfly makes no representations or warranties with regard to the Website, the Services, work product, User Content, or any activities or items related to this Agreement or the Dragonfly STC’s.
16.2. In the event that the Website is unavailable or the information displayed is incorrect, Dragonfly shall not be responsible or be deemed responsible or liable for any delay or loss or increased costs or unforeseen issues relating to the Website or Services or in any other way impacting on the Website or its performance and the User holds the Dragonfly and its Supplier and Partners harmless and hereby indemnifies them against any claim or damages in this regard, suffered by the Users, it’s employees, directors and/or shareholders.
17. Choice of Law
17.1. The Provider controls, operates, and administers this Website from its offices in the Republic of South Africa, as set out below.
17.2. These Website Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape High Court in the event of any dispute.
17.3. If any of the provisions of these Website Terms are found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Website Terms as read with the Dragonfly STC’s, and the remainder of these Website Terms will continue in full force.
17.4. These Website Terms read with the Dragonfly STC’s constitutes the entire agreement between the Provider and the User with regard to the use of the Content and the Website.
Contact Details
In the event that you need to contact Provider for purposes related to these Website Terms, please use the following:
DRAGONFLY AFRICA (PTY) LTD, 2016/012284/07
THE OVAL CENTURION PORTION GROUND F
SLOANE STREET
BRYANSTON
GAUTENG
2191
Telephone: +27 (0) 11 219 5600
Email: info@dragonfly.co.za
Version: 24 September 2024.
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