Privacy Policy, T&Cs

1. Privacy Policy

2. Terms and Conditions

1. Privacy Policy

Who we are

Our website address is: https://www.greensportfoundation.org.

What personal data do we collect and why do we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Booking Information

If you make a booking through the website, information is collected to complete the booking and keep a record of customers.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

See also the Privacy Notice section

Who we share your data with

Absolutely no one else. We do not sell user data to third parties or share user data with any individuals outside of our organisation.

How long do we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights do you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

2. Terms & Conditions

By using this website, the bookings or any “Services”, you agree to be bound by these terms and conditions and also by the Disclaimer in clause 1. Irrespective of how you were introduced to the “Service”, the agreement to use the Service is between you and the Green Sport Foundation.

1. Disclaimer and Limitation of Liability for use of the Service

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Service (e.g. if the Website crashed or is offline or if there is no internet access available to trails).

The Green Sport Foundation will not be liable for direct or indirect damage that might arise out of the use of the Service nor the damage to property or for personal injury or death due to the use and/or misuse of its Service.

The Green Sport Foundation will not be legally responsible for any delays or failures in the performance of any part of the Service if the cause is beyond its control. This includes website crashes or being unavailable due to acts of God, severe weather conditions, changes to law or regulations, earthquakes, fire, floods, strike actions, power outages, war, terrorist acts, riots and acts of hackers or third-party internet service providers.

You acknowledge that in order to access your Personal Information from our service, you must have Internet access. The Green Sport Foundation will not be liable for any damage suffered if you are out of range of an Internet connection.

You undertake to provide accurate and updated information when filling out the online forms. Failure to do this might result in you not receiving the correct communication from The Green Sport Foundation.

You are also responsible for the safe keeping of your website account password.

In case a court of law finds The Green Sport Foundation liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the subscription Service the previous year.

You may not reverse engineer, duplicate or copy the Website information for your own commercial benefit, nor share any downloaded trail information with anybody else. The Green Sport Foundation retains the intellectual copyright of its website and structure.

2. Disclaimer and Limitation of Liability for use of the Website in General

You must take care of your own online safety and ensure that you have anti-virus protection on your computer.

The Green Sport Foundation is not legally responsible for the content on websites of Third Parties or advertisers to which this Website and/or service links. The Green Sport Foundation does not guarantee that the Website is completely error-free.

Although The Green Sport Foundation makes every effort to provide up-to-date and accurate information on our website, we do not accept liability for any damage or injury due to recent changes on trails or advertised destinations, or any submissions made in email communications by its employees, resellers and/or referrers or Third Parties.

The Green Sport Foundation provides the Website “as is” and makes no warranty as to its use, performance or availability.

3. Account Subscription and Activation

To register an Account:

  • Must be of legal age and able to enter into contracts or alternatively, your parents or legal guardians must provide written consent by completing the online registration form on your behalf;
  • You must complete the registration form on The Green Sport Foundation website.
  • You must make payment using the secure payment gateway provided.
  • To indicate your consent, you must give a status declaration, whether you are acting for yourself or someone else.
  • Applying for yourself, provide your Name, Surname, ID number, contact telephone number and accept the Terms and Conditions. This will serve as your electronic signature.
  • Agree to these Terms and Conditions.

Upon registration of an Account, you:

  • Will receive your The Green Sport Foundation login information;
  • You can choose any password but we recommend that you use at least 8 characters, a combination of upper and lower case letters and numbers;
  • Must maintain the confidentiality of your password;
  • Must report unauthorised use or suspected compromise of your password;
  • Are responsible for all submissions made to The Green Sport Foundation using your password.

The binding agreement between you and The Green Sport Foundation comes into force when we have notified you that it has accepted your subscription and that we will give you access to the Service.

4. Payment and Pricing

The Green Sport Foundation currently will only accept payment options as set out by the secure payment gateway provided.

Your continued use of the Service depends on your fees payment/s going through.

If The Green Sport Foundation has not received your payment, your access to the Service will not be activated or renewed.

5. Closing your Account

The Green Sport Foundation may end this Agreement and close your Account at any time and for any reason by giving written notice to the other Party. In case of termination, your Service will end on the last day of your current Term.

The Green Sport Foundation may permanently delete all the data associated with your Account upon the closing of your Account.

If The Green Sport Foundation suspects fraudulent or other criminal activity on your part while using the Service and benefits or in case of breach of these terms or non-payment, or if your conduct in any way negatively affects the rights and interests of other The Green Sport Foundation users, we may in our sole discretion temporarily suspend or terminate your access to the Service. In such circumstances, we will send you a suspension notice unless in its sole discretion it deems that such notice will lead to further damage and violation.

The Green Sport Foundation reserves the right to institute criminal action against you for any illegal use of the Website and/or the Service, or parts thereof

6. Refund Policy

With the nature of the Services, it cannot be returned and the right to cool off in terms of the Electronic Communications and Transactions Act, does not apply to the Service.

The Green Sport Foundation also does not issue refunds. We will continue providing the service and its connected benefits until the normal expiry of that term

7. Your Rights

The Website provides you with information regarding The Green Sport Foundation and its services, trails, advertisers and third-party destinations.

You may browse & view content from the Website when viewing this Service but you may not use this content for commercial purposes to duplicate the content elsewhere, even for private use.

You may communicate with The Green Sport Foundation through the Website and use the Service and connected benefits.

You have the right to review and correct the Personal Information that you have submitted to The Green Sport Foundation when registering your Account.

You have the right to request, in writing, that your personal information be deleted upon expiry of your subscription service as per clause 4.

8. Privacy Notice

Purpose of Collection of Personal Information

The Green Sport Foundation processes your Personal Information when you register on this Website and/or subscribe to the Service. You agree that you have given your Personal Information voluntarily and that The Green Sport Foundation and its payment portal may process it.

The Green Sport Foundation will process the Personal Information until you terminate your account.

The Green Sport Foundation uses your Personal Information:

  • To provide the Service and benefits;
  • To communicate with you;
  • For internal record keeping.

The privacy of your Personal Information

Due to the nature and setup of the Service, The Green Sport Foundation will disclose your Personal Information to anyone who enters your Unique Identifier into the Website.

We will not sell, distribute or lease your Personal Information to third parties unless we have your permission or are required by law to do so.

It is therefore important that you safeguard your The Green Sport Foundation login details so that your Personal Information could not be accessed by a curious person.

Use of cookies

  • The Website uses encrypted cookies to identify you when you log in to your Account.
  • Cookies cannot steal information from you, they can only remember information that you voluntarily share with the Website.
  • You may disable the use of cookies in your browser.

Retention of Records

  • You authorize The Green Sport Foundation to retain records of Personal Information that you have provided.
  • You may update your Personal Information at any time through the Website.
  • The Green Sport Foundation will deactivate your Personal Information when you cancel the Service and your Personal Information will no longer be accessible through its systems.

Information Quality

  • It is your personal responsibility to provide accurate Personal Information to The Green Sport Foundation and update it on the Website if it is inaccurate.
  • Provision of your Personal Information is voluntary but incomplete and inaccurate Personal Information may lead to not being able to fully use or activate the service.
  • You may not misrepresent who you are when subscribing to the Service.
  • You may not rent, lease, sublicense, assign, or transfer your rights to use the Service to any other party.

Security Safeguards

  • The Website and Service are hosted at reputable hosting companies that implement proper information security principles to secure the confidentiality, integrity and availability of the Personal Information in its database against loss, damage, destruction and unlawful disclosure.
  • Do not share your login details or password with Third Parties. You are solely responsible for the actions being done with your login information.
  • If a security breach should occur that might affect the Service, The Green Sport Foundation will notify you of the breach and describe what happened. In the event that Personal Information is suspected of being compromised, we will notify you via email.

9. Technical Support

Technical support is available via Email, in English or Afrikaans, during our office hours Monday – Friday 08:00-17:00. Closed on Saturdays, Sundays and South African Public Holidays.

10. Changes to Website

The Green Sport Foundation reserves the right to amend any information about its Services and benefits on this Website.

We may change terms and conditions at its sole discretion, by posting the new terms on the Website and/or notifying you by email using the last email address you gave us.

11. Electronic Communication

You accept that The Green Sport Foundation may communicate with you through the use of email, email newsletters and SMS by sending notifications of information or changes to the Service.

12. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002

Full name and legal status of the Website Service Owner:
Green Sport Foundation, a registered Non-Profit Company in terms of the laws of the Republic of South Africa.

Website address and email address:
www.greensportfoundation.org and info@ greensportfoundation.org

Physical address where services are rendered:
Drakenstein Road, Durbanville, 7551

Registration number, names directors and the place of registration of the Website Owner:
2016/056415/08; Werner Rall; South Africa.

Description of the main characteristics of the Service offered by the supplier:
The Green Sport Foundation is a web-based service that provides information about hiking trails, running trails and mountain biking trails in and around George and the Garden Route. The Green Sport Foundation provides supplementary information on these outdoor activities.

The minimum duration of the agreement:
One year and this Term does not automatically renew upon termination.

Manner of payment:
The Green Sport Foundation accepts credit or debit card payments. All credit or cheque card transactions are done using a secure payment gateway, Payfast. We do not capture or store any of your credit or debit card details.

Time within which services will be rendered:
Unless otherwise agreed, the access to the Service will start when The Green Sport Foundation has issued you with activated login details.

Record of the Transaction:
The Green Sport Foundation will send you an invoice upon request after processing your payment.

13. Governing Law

The Laws of the Republic of South Africa govern the interpretation and validity of this Agreement.

14. General

These terms and conditions form the whole agreement between the Parties and supersede all prior agreements, other representations and understandings.

You acknowledge that The Green Sport Foundation uses third-party vendors to provide the necessary hardware, software, networking, storage, and related technology required to provide the Service.

If a certain clause in this agreement is found not to be enforceable, that clause will be removed but the rest of the terms and conditions will still be valid.

Even if this agreement is terminated, the following clauses will continue to apply:

  • Disclaimer and Limitation of Liability;
  • Governing Law;
  • General.

15. Interpretation and Definitions clause

“Account” means the Account opened when you registered to use the Service and includes all Personal Information and billing information submitted by you on the online registration form.

 “Intellectual Property” refers to any copyrights, moral rights, goodwill, trademarks, source code, software applications, trade secrets or similar intellectual property rights.

“Personal Information” refers to the Personal Information that you submit to the Website and/or the Service while using the Service. It may include the following:

  • Information relating to your age, race, culture and language;
  • Banking details;
  • Any identifying number, symbol, location information, online identifier or other particular assigned to you;
  • Your address;
  • Your personal opinions, views or preferences, except where they are about someone else;
  • Correspondence you sent that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • Your name.

“Service” refers to the capturing, the secure online storage and the release of your Personal Information for use as an identifier to participating retail vendors in order to obtain discount benefits on their offered services and products.

“Term” means an annual cycle as described in clause 4.

“Third Parties” refer to people or legal entities other than you, Green Sport Foundation or George Trails.

“Website” refers to the official website address: www.greensportfoundation.org

END.

Last update: June 2022