Terms of Service

1. Definitions

• "Company," "we," "us," "our": Refers to Nzuzoyethu Projects
• "You," "your," "participant": Refers to the person making a booking or participating in activities
• "Services": All activities, tours, and services offered by Nzuzoyethu Projects
• "Activities": Hiking, kayaking, cycling, team building, and related adventure activities
• "Booking": A reservation made through our website or directly with us

2. Acceptance of Terms

By using our website or services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 18 years old, or have parental/guardian consent if under 18
• You have the legal capacity to enter into these Terms
• All information provided is accurate and truthful

3. Services Offered

Nzuzoyethu Projects offers the following services:

• Hiking Routes: Various coastal hiking routes in the Eastern Cape
• Kayaking: Coastal kayaking experiences
• Cycling: Scenic cycling routes
• Team Building: Corporate and group team building activities
• Additional Services: Photography, videography, transportation, luggage assistance

All activities are subject to availability, weather conditions, and safety requirements.

4. Booking and Payment

4.1 Booking Process

• Bookings can be made through our website or by contacting us directly
• All bookings are subject to availability and confirmation
• You must provide accurate and complete information
• We reserve the right to refuse or cancel bookings at our discretion

4.2 Pricing

• All prices are in South African Rand (ZAR) and are per person unless stated otherwise
• Prices are subject to change without notice until booking is confirmed
• Group discounts may apply based on participant numbers
• Additional services (photography, transportation, etc.) incur extra charges

4.3 Payment

• Payment is required to confirm your booking
• We accept payments through YOCO (credit/debit cards, EFT, etc.)
• Payment processing is handled securely by YOCO
• All payment information is subject to YOCO's terms and privacy policy

4.4 Non-Refundable Fees

IMPORTANT: Registration fees and booking payments are non-refundable under any circumstances, including:

• Cancellation by the participant
• Weather-related cancellations
• Medical emergencies
• Travel disruptions
• Any other circumstances beyond our control

This policy applies to all expenses incurred in relation to the booking.

5. Cancellation and Refunds

5.1 Participant Cancellations

If you cancel your booking:

• All payments are non-refundable
• No refunds will be provided for any reason
• You may request to reschedule (subject to availability and additional fees)

5.2 Company Cancellations

We reserve the right to cancel activities due to:

• Dangerous weather conditions
• Safety concerns
• Insufficient bookings
• Force majeure events

If we cancel an activity, we will:

• Offer alternative dates or activities (subject to availability)
• Provide a credit voucher for future use
• Not provide cash refunds unless required by law

6. Participant Responsibilities

6.1 Health and Fitness

You acknowledge and agree that:

• You are physically and mentally fit to participate in the activities
• You have disclosed all relevant medical conditions, allergies, and medications
• You are responsible for your own medical expenses
• You have adequate medical insurance coverage
• It is your responsibility to immunize yourself against communicable diseases prevalent in the region

6.2 Participation at Own Risk

You acknowledge that:

• Your participation is voluntary and at your own free will
• You participate at your own risk
• Activities involve inherent risks, dangers, and hazards
• You assume all risks associated with participation

6.3 Compliance with Rules

You agree to:

• Adhere to all rules and regulations
• Follow instructions from tour guides and authorities
• Respect other participants and local communities
• Not engage in any form of abuse, misuse, threats, or harassment
• Respect the natural environment
• Use equipment only as instructed

6.4 Personal Property

You are responsible for:

• The security and safety of your personal property
• Any damage to equipment provided by Nzuzoyethu Projects
• Reporting any equipment defects immediately

Nzuzoyethu Projects is not liable for loss or damage to personal property.

7. Indemnity and Waiver of Liability

CRITICAL: By participating in our activities, you acknowledge and agree that:

7.1 Release of Liability

You, your legal heirs, and beneficiaries shall not be entitled to claim any compensation or relief from Nzuzoyethu Projects, its directors, employees, guides, or agents in respect of:

• Any injury, accident, incident, or loss of any kind
• Personal injury, including serious injury or death
• Property damage or loss
• Medical expenses
• Any other damages or losses

7.2 Indemnification

You agree to indemnify and hold harmless Nzuzoyethu Projects from:

• All claims, demands, losses, damages, and expenses
• Legal fees and costs
• Any claims made by third parties
• Any violation of these Terms

7.3 Medical Expenses

All expenses incurred in the treatment of injuries, recovery from accidents, incidents, or losses will be borne by you. No claims will be referred to Nzuzoyethu Projects.

7.4 Safety Measures

While we take reasonable care and precautions to ensure safety, you understand that:

• We cannot eliminate all risks
• Activities involve inherent dangers
• Your safety cannot be guaranteed
• You participate at your own risk

You must read and accept the official Indemnity Form and Consent Form before participating.

8. Code of Conduct

Nzuzoyethu Projects does not condone any form of:

• Abuse, misuse, threats, or harassment
• Disruptive or dangerous behavior
• Disrespect toward guides, staff, or other participants
• Damage to property or environment
• Violation of local laws or customs

Violation of this code may result in:

• Immediate removal from activities
• Forfeiture of all payments
• Legal action if necessary

9. Photography and Media

By participating in our activities, you consent to:

• The use of your name, image, likeness, and voice in photographs, videos, and other media
• Use of such media for promotional, marketing, and educational purposes
• No compensation for such use

If you do not wish to be photographed, please inform us in advance.

10. Third-Party Services

We may use third-party service providers for:

• Transportation
• Catering
• Equipment rental
• Accommodation
• Payment processing (YOCO)

You acknowledge that:

• We are not responsible for the actions or negligence of third-party providers
• Third-party services are subject to their own terms and conditions
• You release third-party providers from liability

11. Weather and Safety

We reserve the right to:

• Cancel or modify activities due to weather conditions
• Change routes or activities for safety reasons
• Refuse participation if safety concerns exist
• Require participants to follow safety instructions

Decisions regarding weather and safety are made at our sole discretion and are final.

12. Minors

Participants under 18 years of age:

• Must have written consent from a parent or legal guardian
• Must be accompanied by a responsible adult (unless otherwise agreed)
• Are subject to all Terms as if they were adults
• Parent/guardian must sign indemnity forms on their behalf

13. Intellectual Property

All content on our website, including:

• Text, images, logos, and graphics
• Photographs and videos
• Website design and layout
• Trademarks and service marks

Are the property of Nzuzoyethu Projects and are protected by copyright and trademark laws. You may not reproduce, distribute, or use our content without written permission.

14. Website Use

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Transmit viruses or malicious code
• Interfere with website functionality
• Collect information about other users
• Impersonate others or provide false information

15. Limitation of Liability

To the maximum extent permitted by law:

• Nzuzoyethu Projects' total liability is limited to the amount paid for the specific booking
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for losses beyond our reasonable control
• Our liability is excluded except where prohibited by law

16. Force Majeure

We are not liable for failure to perform due to:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Pandemics or health emergencies
• Strikes or labor disputes
• Other events beyond our reasonable control

17. Dispute Resolution

Any disputes arising from these Terms or our services shall:

• First be addressed through good faith negotiation
• Be subject to the exclusive jurisdiction of South African courts
• Be governed by South African law

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Indemnity Form and Consent Form, constitute the entire agreement between you and Nzuzoyethu Projects regarding our services.

20. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of modified Terms.

21. Contact Information

For questions about these Terms, please contact us:

Nzuzoyethu Projects
Lower Nenga A/A Coffee Bay
Mqanduli, Eastern Cape 5080
South Africa

Phone: +27 78 379 0988
Email: nzuzoyethuprojects@gmail.com

22. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any legal proceedings shall be conducted in South African courts.