Terms and Conditions

TRANSACTION TERMS AND CONDITIONS
The Cycle of Life (Pty) Ltd

This may seem a little intimidating at first, but you will find it is really important. It is fairly comprehensive and outlines what you should reasonably expect from The Cycle of Life (Pty) Ltd when it comes to transacting with us. Please take the time to read this document as you will be signing that you have read it and agree to all the terms and conditions in order for us to complete a transaction with you or on your behalf. If you have any questions please ask your Cycle of Life consultant or contact us.

Table of Contents

COVID 19 AND RELATED HEALTH RESTRICTIONS OR CANCELLATIONS

You agree that it is your personal decision to travel and that you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risk of COVID-19 or any communicable disease, with you having taken full personal responsibility to inform yourself in relation thereto. The Agency does not assume any responsibility for and shall not be liable for any unsafe conditions or health hazards, including communicable disease, pandemics or other illnesses to which you may be exposed. The Agency will, however, use its reasonable endeavours to provide you with the latest travel information available to the Agency in respect of the regulations, conditions and supplier terms applicable in relation to unsafe conditions or health hazards, including communicable disease, pandemics or other illnesses, as at the time of your booking. This information is obtained from third party sources and is subject to change at any time without notice. The Agency, its employees and agents, shall, accordingly, not be liable for any loss (financial or otherwise), damage, illness, harm, trauma, death, delay, denial of onward travel or costs (including but not limited to quarantine costs), which you may incur or suffer, whether during or post travel, arising directly or indirectly out of the risks and/or dangers associated with traveling during unsafe conditions or health hazards, including communicable disease, pandemics or other illnesses, whether or not you had been informed by the Agency of such risks and/or dangers at the time of booking.

The Agency is not responsible for the acts or omissions of travel suppliers, including the failure by the travel suppliers to adhere to their own schedules, provide services or refunds or their failure to honour any future trip credit.

Please note that most insurance policies have a specific clause stating that they do not cover unsafe conditions or health hazards, including communicable disease, pandemics or other illnesses , especially when travel warnings are in place. It would be advisable for you to take advice from an insurance broker should you have any queries regarding the appropriateness of a travel insurance policy. The Agency shall not be liable for your election not to purchase insurance, nor shall the Agency be liable to you for any denial of any claim by a travel insurer as it relates to unsafe conditions or health hazards, including communicable disease, pandemics or other illnesses or any other claim under the relevant policy.

You are aware of the risks and dangers associated with travel during a time of unsafe conditions or health hazards, including communicable disease, pandemics or other illnesses and you expressly assume all of the risks and dangers in relation thereto; and hereby forever release, discharge and hold the agency, it’s employees, officers, directors, associated, affiliated companies and sub-contractors harmless against all liability, actions, causes of action, suits, damages, claims and demands of whatsoever nature which you may now have or which may hereafter arise out of or in connection with such risks and dangers.

Cancellation fees may apply if a booking is cancelled, due to travel bans or government travel restrictions. It is important to note that cancellation fees may vary, depending on the cancellation policy of the supplier/Principal as well as the amount of work involved for the Agent in making the changes and the loss in revenue to the Agent due to the cancellation. Professional fees earned by the Agent are non-refundable. It is important to review the cancellation policy applicable to your booking, to avoid any misunderstanding should your booking be cancelled for whatever reason.

 

Consumer Protection Act (‘CPA’) Notice

Please read the following carefully & proceed accordingly:

• The CPA in section 49 requires us to bring your attention to certain aspects and risks of your transaction with The Cycle of Life (Pty) Ltd and we have done that by outlining the terms and conditions in this document.
• If any of these terms and conditions are not clear or if you need any further explanation, please DO NOT accept the T&C and contact your Cycle of Life representative for further clarity.
• The CPA in section 41 also requires us to clarify any ‘apparent misapprehension’ you may have – if you have such a ‘misapprehension’ please DO NOT accept the T&C and contact your Cycle of Life representative for further clarity.

Application

All enquiries, advice, quotations or estimates made or provided by or bookings made with and/or all services rendered by or on behalf of The Cycle of Life (Pty) Ltd (‘the  Agency’) are subject to these terms and conditions (‘the Conditions’).

The Client and Authority

The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understood and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).

Third Party Service Providers

The Agency provides Clients with travel and/or other services either acting as itself or acting as agents for Principals engaged in or associated with the travel industry, such as airlines, hotels, resorts etc (‘collectively referred to as ‘the Principal’). The Agency represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company. The contract in use by the Principal (which is often constituted by the ticket/voucher issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Agency will provide the identity and terms and conditions (or access thereto) of all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise themselves with such terms and conditions (‘the Principal’s Conditions’).

Car and Vehicle Hire

The Agent does not provide a car and vehicle hire service.

Where you hire a vehicle directly from a car hire company yourself, please be warned that these contracts (‘Car Hire T&C’) are onerous & include absolutely no fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you don’t understand or any misapprehensions you may have must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C. Please note that you will be liable for all traffic fines and toll fees. We strongly recommend you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Note that the Car Hire T&C shall constitute the sole contract between the car hire company and yourself as the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C.

Air Tickets

The Agent does not provide an airline ticket service.
Where you purchase a ticket directly from an airline company yourself, please be warned that these tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and you MUST enquire about ALL the applicable conditions BEFORE you pay for the ticket. You should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, you are not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (eg. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee.  Note that the Air T&C shall constitute the sole contract between the airline and you as the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. Your rights of recourse as a consequence of over-booking are prescribed by the CPA. Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client.

Booking, Deposit and Reservation

Once the Client has filled in the travel enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular destination, trip, tour or mode of travel (collectively referred to as ‘the Proposed Travel Arrangements’) the Agency will prepare and provide the Client with an estimate (by hand or e-mail) (‘the Estimate’). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of these Conditions by the Client in writing, and usually via email, the Agent will prepare a quotation for the Proposed Travel Arrangements (‘the Quotation’).  A non-refundable deposit (‘the Deposit’) based on a variable percentage of the total estimated value of the Proposed Travel Arrangements (‘the Price’) as specified in the Quotation is required in order to confirm reservations with Principals (‘the Booking’), subject to payment of the balance of the Price in accordance with the Principal’s requirements. The Agency will not confirm any reservation if the deposit and a signed acceptance of the Quotation are not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of your Booking (‘the Booking Confirmation’), which will take the form of tickets for private charters, vouchers for accommodation and transfers as well as travel itineraries if more than one accommodation is involved.

Destination Selection

The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from a Cycle of Life (Pty)Ltd consultant, brochures and/or the Internet. It also acknowledges that such brochures and/or the Internet have been compiled and are managed and updated by the Principal over which the Agency has no control. Accordingly the Agency cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Principal.

Payment and Payment Terms

The balance of the Price is due not later than on or before the date specified in the Quotation or the Booking Confirmation Form. If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account or the Agency may cancel the Booking. Late payment may also result in cancellation of the reservation by the Principal. Credit card payments are subject to due completion of and upon the terms and conditions specified on the Agency’s invoice.

Prices

Prices are quoted at the ruling daily exchange rate. As your Agent, we may have Principals that charge in US Dollars and in that case, the Client will be invoiced accordingly in the applicable currency. Until the Agency has received payment of the Price in full, it reserves the right to charge any price and or currency fluctuations to the Client’s account and the Client undertakes to pay for any such price and/or currency fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed (subject to statutory increases such as VAT). However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Agency (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey).
Should the Client be a group booking and the group number deviates from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal cancelling the Booking and retaining any payment made (The Agency will be entitled to retain any service fees charged).

Please note that in some case Principals may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been effected.

Please note that payments by credit card will attract a credit card fee which is currently with Visa & Mastercard at 3.5%.

NOTE: Foreign credit cards, Amex credit cards and Diners credit cards will not be accepted.

Payment Scams

It’s important to stay up to date with the latest scams to avoid compromising your banking and personal details.

Fraudsters are sending phishing emails in an attempt to lure you into sharing your banking details. Beware of fake statements or bank notifications that require you to take an action like a click-through or attachment to download.

How to tell the difference between a fake The Cycle of Life (Pty) Ltd email from a real one:

  • We will never greet you by your email address. We will always use your name.
  • We will never ask you to confirm your financial information in an email.
  • Always verify emails telling you about suspicious account activity by calling your bank.
  • Scam emails often look odd, with a messy layout and spelling mistakes.
  • We will never ask you to enter your email address and Internet Banking password to open an invoice or travel document;
  • We will never link you directly to our Internet Banking sign-in page or any other page that asks for your security or personal details via a link or attachment.
  • We will never email you links requesting your bank sign-in details, such as CVV, OTP or ATM PIN.

How to protect yourself from this type of fraud:

  • Ensure that you use anti-virus software to protect your PC, laptop and mobile devices.
  • Hover over links to check the senders’ identity but do not click.
  • Look for strange links with numbers, hyphens, misspellings or sub-directories.
  • Search for the sender details and verify that they are legitimate.
  • Beware of unexpected emails – Be cautious of opening any emails that you weren’t expecting (even if you think you recognise the sender), and don’t open any links or HTML attachments.

What you can do:

  • Even if you’re unsure, you can send any suspicious e-mails to your bank or call one of the Cycle of Life agents.
  • If you are worried that you’ve clicked on any of the links or attachments on a phishing email, contact your bank’s Fraud Line immediately.

Responsibility, Limitation of Liability and Indemnity

The Proposed Travel Arrangements are made on the express condition that the Agency, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to or additional expense incurred by any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the tour or journey or not), to or of their luggage, or other property, howsoever caused whether or not arising from any act, omission, default, or negligence on the part of the Agency whatsoever, unless, in the case of injury or death, it is due to the negligent act or omission of the Agency. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Agency, its employees and agents accordingly. The Agency, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever and howsoever arising, unless section 61 of the CPA applies.

Insurance

It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that this is not an exhaustive list). The Agency will not be responsible or liable if the Client fails to take adequate insurance cover at all. It shall not be obligatory upon the Agency to effect insurance for the Client except upon detailed instructions given in writing and all insurance effected by the Agency pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the  Agency shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document which must be read BEFORE you initiate your travel so that you can address any queries you may have to the insurer BEFORE you depart.

Please note that various credit card companies offer limited levels of travel insurance, which the Agency does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.

Travel Documents

Documents (vouchers, itineraries etc) are only prepared and released on receipt of payment of the Price in full. Within 24 hours of receipt of your booking confirmation, PLEASE CHECK that ALL the details therein are correct. Please alert the Agent immediately of any typographical error or mistakes on your vouchers or travel documents. No remedy will be available within 48 hours of travel.

Passports, Visas and Health

It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria)  and the like, where required, have been obtained, and this includes for infants and minors. Please check the requirements with the Agency before travelling. The Agency will endeavour to assist the Client but such assistance will be at the Agency’s discretion and the Client acknowledges that in doing so, the Agency is not assuming any obligation or liability and the Client indemnifies the Agency against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of, and mental and/or physical condition required for, the Proposed Travel Arrangements.  Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued. However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited.  If there is insufficient space in the passport, entry will be denied, and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The client must ensure that the details supplied to the Agency mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 months after your scheduled return to South Africa.

Non South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure.

Malaria and Other Tropical Diseases: WARNING

Certain parts covered by your itinerary may be areas where there is a high-risk of malaria and other tropical diseases.  We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

Cancellation

In the event of the Client cancelling the Booking, the Agency shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Agency. The Principals may reserve the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Agency. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Principal’s Conditions or website. Principals may charge cancellation fees over and above those stated below):

Deposit of (if not stated differently):

*30% non-refundable

* 90 days prior to arrival 50%

* 60 days prior to arrival 60%

* 30 days prior to arrival 100% .

Unscheduled Extensions

In the unlikely event of there being unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Agency, its agents or the Principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc) will be for the Client’s account.

Itinerary Variations and Transfers

While every effort is made to keep to the final itinerary, Principals and/or the Agency reserve the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary and also to sign the final one.

Breakaways

While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.

Law and Jurisdiction

South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Agency. The Agency shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

Conduct

The Client agrees that he/she will at all times comply with the Agency’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Agency against damages suffered and/or costs incurred by the Travel Agent and/or any third party as a result of a breach of this clause.

Special Requests

Clients who have special requests must specify such requests to the Agency in the Enquiry or in response to the Estimate. Whilst the Agency will use its best endeavours to accommodate such requests, it does not guarantee that it will.

Amendments

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Agency.

Refunds

No refunds will be considered in any circumstances whatsoever by the Agency. Refunds by the Principals will be subject to their terms and conditions. The Agency is entitled to charge an administration fee for handling of refunds. In the event that a booking is refunded the amount refunded may be different to the original amount paid, due to currency fluctuations.

Force Majeure

The Agency shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Agency. Force Majeure includes renovations that may be carried out at your resort. Whilst the Agency will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against the Agency.

The Agency will use it best endeavours to recover from third parties such monies as may have been paid to them on behalf of the Client. All monies so recovered by the Agency will be reimbursed to the Client, less a cancellation charge based on the time spent on the booking by the agent on the changes as well as lost revenue to the agent due the cancellation. Professional fees earned by the Agency are non-refundable.

Electricity grid interruption

Notwithstanding any provision to the contrary in this document or any endorsement thereto, the undertakings provided by this contract excludes any loss, damage, liability, cost or expense of whatsoever nature, including any consequential losses in terms of any section of this contract, directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any electricity grid interruption. Electricity grid interruption means a total or partial interruption, interference, suspension, blackout, and/or failure of the electricity supply from the national, regional, or private grid to the electricity grid of South Africa, or to any Business or household, by any cause whatsoever.

Currency Declarations

The Client must lodge a currency declaration (in the event of trans-border travel) with the Agency before the travel documents will be released.

Foreign Exchange Regulation Compliance

This is the Client’s exclusive duty. This will apply especially when the Client instructs the Agency to make and pay for travel arrangements on the Internet.

e-Ticketing

The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR. It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained for infants and minors.

Internet Bookings

If the Client requests or instructs the Agency to do bookings via the Internet, the Client irrevocably authorises the Agency to do the following on its behalf (1) make any selections of and for the Proposed Travel Arrangements (2) make payments and (3) accept booking conditions.

Driver’s License

Even if you have obtained an international driver’s licence, it is imperative that you take your national driver’s licence with you as some destinations require a confirmation of both licences.

Confidentiality

Subject to statutory constraints or compliance with an order of court, the Agency undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Please refer to our POPIA policy on our website, www.thecycleoflife.co.za.

Confirmation of Travel Arrangements

All onward travel arrangements (local and international and on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure.

Please alert the Agent immediately of any typographical error or mistakes on your vouchers or travel documents. No remedy will be available within 48 hours of travel.

Taxes and Surcharges

Where possible airport and airline taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore it is important that you check with the travel agent prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for.

Dispute – Resolution

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

  1. Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place within a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Cape Town within 2 (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.

 

2. Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.

DOMICILIUM ET EXECUTANDI

The parties elect their respective domicilium et executandi as reflected in the Booking Form.

Entire Contract

The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Agent or otherwise that is not included herein.

These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.

These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.

Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

These terms and conditions, as varied by us from time to time, constitute the sole agreement between you and The Cycle of Life (Pty)Ltd.