Terms and Conditions

Standard Terms and Conditions of Booking Service for Rosetta KZN

When you use the Rosetta KZN website to request quotes or reserve accommodation or in any way utilise any other services offered via the Rosetta KZN website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms, do not continue to use the Rosetta KZN website.

Important clauses that limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.

These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and Privacy Policy (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.

No sales representative, affiliate, dealer, agent, officer or employee of Rosetta KZN has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

Definitions

Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

Business Hours means the hours between 08h00 and 17h00 on a Business Day;

Effective Date means the date on which you completed your transaction and in doing so accepted the terms and conditions for the service or product including telephonic acceptance;

ECT Act means the Electronic Communications and Transactions Act, 2002;

Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

Longstay Booking means a reservation for a period in excess of four continuous weeks;

Marks means any trademarks, logos, brand names, domain names or other marks of Rosetta KZN

Rosetta KZN cannot be held liable for any cancellations or consequential damages incurred by you, or any person in the booking, in the event that your trip is not able to proceed as planned. Please note that in the event that your trip is disrupted or cancelled each establishment will have their own policy in this regard, which will apply to your booking.

Conclusion of Agreement and ECT Act

You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is concluded by a person acting in a representative capacity on behalf of you, the concluding party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to Rosetta KZN. at any time will be true, accurate and complete. Rosetta KZN. reserves the right to treat all misrepresentations by you as a fraud and you indemnify Rosetta KZNagainst any loss or damage that Rosetta KZN may sustain resulting from such misrepresentation.

The provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that Rosetta KZN will provide you with an opportunity in respect of all electronic transactions to:

· review the entire electronic transaction;

· correct any mistakes; and

· withdraw from the transaction, before finally placing the order.

Rosetta KZN. is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandii and certain other information available to you when you enter into electronic transactions with Rosetta KZN.

Contractual Relationship

Please note that the agreement for providing accommodation lies between you and the establishment itself. Rosetta KZN. is not a party to or involved in that agreement. Our responsibility to you in terms of this agreement ends once you have booked or chosen not to book your accommodation.

Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Trip Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.

Bookings

Bookings cannot be confirmed prior to the payment of the deposit as set out in the quotation to secure the booking reflecting as available in our account and accordingly the availability of any accommodation cannot be guaranteed based on the quotation until such time as the funds are received and a booking confirmation message sent to you, advising that your booking is now confirmed. Please note that whilst Rosetta KZN has set up bank accounts with all major banks in order to avoid any unnecessary payment processing delays, due to the nature of the banking system, Rosetta KZN cannot control or facilitate the process whereby funds are reflected in our bank accounts. We are not responsible for the lapsing of any quotation or for any booking being lost due to a delay in the processing of any payment. Please note that once a booking is confirmed any funds received by Rosetta KZN is passed to the establishment. There may be a time delay in the funds being received by the establishment and as such affect when your booking confirmation is received. The average processing time is 4 (four) business days, but in certain instances it may be longer. Rosetta KZN does not hold any funds once a booking has been processed.

We process payments using PayFast payment gateway, a secure and trusted platform for receiving funds online.

Establishments

By booking with an establishment Rosetta KZN does not warrant or make any representation as to the suitability of the accommodation to your booking request. When booking any accommodation it is your responsibility to make sure you satisfy yourself as to the suitability of the accommodation. In the instance where a facility does not match the description contained in the booking or is no longer in existence as at the time of the booking your recourse will be against that establishment and not Rosetta KZN as booking agent. Rosetta KZN undertakes to at all times cooperate with you and assist you in providing you with information relating to the relevant establishment and/or information around your booking.

VAT INVOICE

Rosetta KZN will provide you with a tax invoice on behalf of the Establishment. You confirm that in the instance that the establishment provides you with a separate invoice, this will be a copy only and that it shall not be used in terms of the VAT Act to claim for the supply in addition to the invoice already supplied by Rosetta KZN.

Cancellations and Refunds

Cancellation terms vary between establishments, and those pertaining to each establishment are viewable at appropriate times during the reservations process. Please ensure you view these. In particular, you will be provided with an opportunity to view the cancellation policy of the particular establishment at the time of making your booking. If you are not satisfied that the policy is reasonable please do not make a booking.

If the establishment has not specified a cancellation policy, our default policy (Moderate) will apply, as set out below. Please note this policy will only apply where there is no establishment cancellation policy.

Where cancellation occurs:

More than 7 days before check-in – 50% refund

More than 30 days before check-in – 100% refund

On receipt of a cancellation request sent to hello@rosettakzn.co.za, Rosetta KZN will refund any amounts due within 5 working days of either the receipt of funds from the establishment or alternatively upon confirmation of cancellation in line with the provisions mentioned above. Rosetta KZN is not liable for delays in receiving refunds from establishments.

Whilst RosettaKZN.co.za undertakes to get the refund to you as soon as possible, due to the fact that we are merely facilitating the flow of funds from the establishment back to you we do not have control over the entire refund process and are reliant on the establishment.

Please note that chargebacks on card payments are not an alternative to cancellations of bookings. Chargebacks are a mechanism to prevent fraud and should not be abused. Any abuse will be reported to the card issuing bank.

All cancellations will be dealt with strictly in terms of the default cancellations policy set out above or the establishment’s cancellation policy. You will remain liable for cancellation fees as set out above irrespective of any chargeback being effected by you.

Note further that all chargeback notices will be investigated with your issuing bank and should it be determined that the chargeback was not validly requested you will be liable for the damages suffered by RosettaKZN.co.za as a result of the chargeback including the fees charged by the issuing bank.

Double bookings, Incorrect Quotations and Non-Availability of Accommodation

From time to time accommodation establishments double book, which means that they confirm a reservation with a guest, and subsequently accept another booking for the same accommodation or for some reason accommodation becomes unavailable. We take this seriously and do everything we can to try and ensure it doesn’t happen. If it does, we’ll pull out all the stops to find reasonable, alternative accommodation.

However any agreement for accommodation and the associated rights and obligations are between you and the accommodation establishment. Due to the nature of how the service works Rosetta KZN cannot and is not liable for any damages or loss you may suffer as a result hereof.

Please note that the quotation and booking constitutes an agreement between you and the establishment; Rosetta KZN is only the booking agent.

Purchased the Refund Protect Product

As a customer that has completed a booking with us and selected the ‘Refund Protect’ option, we will provide you with a refund on any unused booking if you are unable to attend the booked event due to any of the listed specified circumstances set out in the link below, for which you have made a request for a refund and have provided the information required to support your request, as set out in the link below. THIS IS NOT AN INSURANCE POLICY. Refund Protection is an optional extension to our standard Terms and Conditions of sale and trade, and it provides a right to a refund in certain defined circumstances outlined in the link above.

Username and Password

You will need a username and password in order to enable you to gain access to and/or use a service. You will not be able to access and/or use a service without a username and password.

You agree that:

· you will use your username and password for your own personal use only;

· you will not disclose your username and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;

· in the event that your password is compromised, you will immediately notify Rosetta KZN\. and change your password;

You, as the holder of the username and password acknowledge you are solely responsible for all payments in respect of a service charged to you, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of a Rosetta KZN. service;

· you agree to cause all persons who use any services under your account or with your authorization to comply with these Terms and acknowledge that the acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;

· you will not attempt to circumvent Rosetta KZN’s user authentication processes or engage in attempts to access Rosetta KZN’s network where not expressly authorised to do so.

· Rosetta KZN may offer a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us thereof and to update your details. We will not be responsible for any loss arising due to a third party gaining access to your password through your use of this password reminder service and accordingly you indemnify us from any loss you may suffer as a result thereof.

Complaints

It is important to us that your accommodation experience meets your expectations.

Please ensure that you take up any issues that you experience directly with the establishment during your stay, in order to give them an opportunity to rectify the situation.

If you have a complaint about an accommodation establishment, or about us, please contact us.

We’ll treat it seriously but cannot be held responsible for any loss you or any third party may suffer as a result of any accommodation failing to meet the advertised standards.

Rosetta KZN does not perform site inspections of the establishments listed on the site. All information about an establishment is provided by the establishment themselves and not by MidlandsBusiness.co.za While the descriptive and qualitative information about each establishment on Rosetta KZN is of “best effort” accuracy, we make no warranties as to the accuracy or veracity thereof. Every effort is made to ensure accuracy – establishments legally commit to supplying correct information and previous customers’ criticisms may be publicly published on Rosetta KZN.

Rosetta KZN uses a network of authorised affiliates to publish information. Due to issues of real time updates certain information provided or amended by establishments listed on our site may not update automatically on all affiliate websites. If this occurs, we cannot be responsible for information or misrepresentations on affiliate’s sites. These affiliates serve as traffic generators and although effort is made to ensure correct information Rosetta KZN does not vet the content on these websites and accordingly you agree that we cannot be held responsible for inaccuracies found on websites not owned and updated by Rosetta KZN.

Reviews

When you make a booking with us, you will be given an opportunity to submit feedback about your stay. Rosetta KZN reserves the right not to publish any comments which do not comply with our Reviews Policy, or which are not verifiable or for any reason as determined in our sole discretion. All reviews will be dealt with in terms of our Reviews Policy available on our website. We hope you have a great stay, but if not we will investigate and take any steps deemed necessary.

Vouchers

All vouchers are issued according to our voucher terms Voucher Terms Rosetta KZN reserves the right to use discretion to withdraw any vouchers that we deem to have been manipulated on our site.

Marketing and Operational Messages

Rosetta KZN. is committed to protecting your privacy and your personal information. We only want to provide you with information that you want to receive and in the manner you want to receive it. Please make sure you read our privacy and data collection policies.

We will use your information to send you important operational and service messages, for example providing you with information requested by you in an enquiry or notifying you when your quotation is about to expire. These details will not be used for marketing or promotions unless you let us know that you want to receive this information.

Please do not mark these operational and service messages as spam as you will not be able to receive messages relating to your enquiries or bookings.

Service Delivery and Interruptions

Rosetta KZN will use reasonable endeavours to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

Breach

Should you be in breach of any provision of this agreement Rosetta KZN shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend your access to the service and bar you from utilising the same.

Warranties and Indemnity

You hereby warrant the following:

· You have the right to enter into this agreement; and

· All information provided by you is accurate and true in all material respects.

You hereby indemnify Rosetta KZN unconditionally and irrevocably and agree to hold Rosetta KZN harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Rosetta KZN or instituted against Rosetta KZN as a result of (without limitation):

· your use of our services;

· your failure to comply with these terms and a provision of any agreement concluded between us;

· any unavailability of, or interruption in the service;

· any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability

To the extent permitted by applicable law, Rosetta KZN shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that Rosetta KZN is liable to you for any damages, Rosetta KZN’s liability to you for any damages howsoever arising shall be limited to the of R1000.00 (one thousand rand) only.

Passports, Visas and Health

It is ENTIRELY YOUR RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements for their destination and any transit countries before travelling.

Before booking any trip it is important to check if a transit visa will be required. As this differs between countries and what passport you are holding it is always best to check with the embassy of the transiting country. For example if you are the holder of a South African passport and are travelling on British Airways to Madrid via London you may require a transit visa.

Warning: Malaria and other tropical Diseases

Certain parts covered by Your itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases such as yellow fever. It is ENTIRELY YOUR RESPONSIBILITY to check if any parts of the itinerary fall in high-risk areas and you are STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that you check with your medical practitioner and/or travel clinic well before departure.

Promotional Products

Promotional products and packages offered on promotion and under discounted rates are valid for a limited period. Any deposits or payments made in full for confirmed bookings during this period are non-refundable, non-exchangeable or non-changeable (subject to the Consumer Protection Act), unless otherwise specified at the time of booking. Deposits only apply to offline bookings, as agreed between the Client and Rosetta KZN.

Social Media

You agree that your use of our social media pages which include but are not limited to Facebook pages, Instagram, Twitter, will not be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise contain objectionable comments and/or content. We do not tolerate any form of discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age.

We reserve the right to remove any comment, thread or content without prior warning to you. We also reserve the right to bring legal proceedings against any individual for a breach of these rules or law generally, or take such other action as we reasonably deem appropriate.

General

Amendments: Rosetta KZN reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website. Please note that you will be given an opportunity to read our terms and conditions and are required to accept our terms and conditions each time you use our service.

Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement: This agreement constitutes the sole record of the agreement between the parties 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.

Non-Variation: 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 parties.

Waiver: 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.

Thank you for using RosettaKZN.co.za

General Terms and Conditions for Online Bookings

Bookings Online

Please note that over and above the online terms and conditions as set out below (‘the Online Conditions’), all online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail..

Intellectual Property

The Sites are owned by Rosetta KZN and the domain names are registered in the name of Rosetta KZN. All intellectual property rights in and to the aforementioned vests in Rosetta KZN. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Rosetta KZN.

Copyright and Trademark Notices

All contents of the Sites are registered to: ©2022 RosettaKZN.co.za and the logo are trademarks (whether registered or unregistered) of Rosetta KZN. All rights in and to any copyright or registered or unregistered trademarks of Rosetta KZN remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.

The images displayed on the website are submitted to Rosetta KZN by the establishment themselves or through an API booking interface. Rosetta KZN accepts no responsibility for any claims of copyright infringement. Any claims should be submitted directly to the establishments in this regard.

Changes and Modifications of these Terms and Conditions

Rosetta KZN may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Rosetta KZN will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.

Access and Use

The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms. By clicking “continue” on the Passenger information page, prior to any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.

Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. Rosetta KZN may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act].

Personal and noncommercial Use Limitation

The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Rosetta KZN or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the Client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the Sites, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites. In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:

access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Rosetta KZN;

violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;

take any action that imposes, or may impose, in the discretion of Rosetta KZN, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or

deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Rosetta KZN.

Liability Disclaimer

The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, Rosetta KZN DOES NOT GUARANTEE THE ACCURACY of the hotel, air, and other travel products displayed on the Sites (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. Rosetta KZN DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and Rosetta KZN descriptions. Hotel ratings displayed on the Sites are intended as only general guidelines, and Rosetta KZN DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.

Rosetta KZN may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes and & Modifications of the Online Conditions’. Rosetta KZN makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Rosetta KZN. For the avoidance of doubt, the services rendered by Rosetta KZN do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

Rosetta KZN hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of Rosetta KZN or its affiliates. Affiliates include websites which click-through to the Website. Rosetta KZN is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or Rosetta KZN or any personal injuries, death, property damage, or other damages or expenses resulting thereof. Rosetta KZN and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.

In no event shall Rosetta KZN and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability, or otherwise, even if Rosetta KZN and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Travel Destinations

By offering travel for sale to particular destinations on the Sites, Rosetta KZN does NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and is NOT LIABLE for damages or losses that may result from travel to such destinations. It is the Passenger’s responsibility to check that there are no travel bans and/or advisories in place that may impact on the booking/s. Rosetta KZN cannot be held responsible for any booking/s made by any Passenger that contravenes any travel advisory and/or ban that may be in place at the time of making the booking/s.

Indemnification

The Client AGREES TO DEFEND AND INDEMNIFY Rosetta KZN and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:

the Client or on the Client’s behalf [in excess of the liability described above]; or

by third parties as a result of

the Client’s breach of the Online Conditions and notices or any other documents referenced herein;

the Client’s violation of any law or the rights of a third party; or

the Client’s use of the Sites.

No unlawful or prohibited Use

The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.

Links to other Websites

There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Rosetta KZN and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Rosetta KZN’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. Rosetta KZN has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Rosetta KZN against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.

Applicable Law

Please note that the use of this Website and the Mobisite is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.

General

Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.

THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Rosetta KZN as a result of this agreement or use of the Sites.

Rosetta KZN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rosetta KZN’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by Rosetta KZN with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Rosetta KZN with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Rosetta KZN with respect to the Sites.

Any rights not expressly granted to Rosetta KZN herein remain reserved.

Communication from Sites

By making a booking on any Rosetta KZN platform, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any bookings will continue to be sent.

Entire Contract

All the terms and conditions displayed on the Sites 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 Rosetta KZN or otherwise that is not included herein.

Terms and Conditions for Vendors

General:

You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Midlands Business. If you register membership as a business [as a sole trader or partnership] on Rosetta KZN you must guarantee that you personally have the authority of the business to agree to the terms of use. These terms shall be governed by and interpreted in accordance with the law of South Africa.

Behaviour:

You must not use Rosetta KZN for any illegal or unauthorized purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
You must not threaten, intimidate, harass or otherwise abuse any other Rosetta KZN user.
You are responsible for maintaining that the content you submit is your own and is not owned by others.
You are solely responsible for your behaviour and conduct on Rosetta KZN including use of all content and data including images [graphics and photos], audio and video clips, links and text that you post to the Rosetta KZN website.
You must not modify or adapt or ‘hack’ Rosetta KZN or seek to create another website or communication to users that implies it is associated to Rosetta KZN
You must not produce unwanted communications [spam] to other users of Rosetta KZN
You are responsible for keeping your password secure.
You must not transmit or seek to transmit any viruses or any code that seeks to alter the behaviour of the Rosetta KZN site or that is in any way destructive.
Liability
Under no circumstances will Rosetta KZN be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Rosetta KZN regardless of the form of action.

Goods for Sale – Handmade

If you seek to sell products then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller.

Content and Copyright

You [“the vendor”] in using the website allow Rosetta KZN the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Rosetta KZN to use this content both on and offline.
You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
You must not copy, modify, or distribute Rosetta KZN copyrighted works or trademarks, or other content from the Site, without our express consent.
Rosetta KZN may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that Rosetta KZN determines to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines.
By submitting your content you grant Rosetta KZN a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Rosetta KZN Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].
Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify Rosetta KZN against all legal fees, damages and other expenses that may be incurred by Rosetta KZN as a result of your breach of the above warranty.

Data and Privacy

You must not collect information about users, including email addresses, without their express consent.
You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the Rosetta KZN service.
You must not solicit for new business on Rosetta KZN or use it to send unsolicited communications except to ask or inform others about Rosetta KZN business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).

Changes to the Service

Rosetta KZN retains the right to terminate or change the service for any reason at any time without notice.
Rosetta KZN retains the right to modify the Terms of Use at any time. Rosetta KZN will inform registered users by email of any changes to the Terms of Use.
Rosetta KZN retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

Marketing and Linking

You shall not link out from Rosetta KZN to your own shop or other selling platform. Rosetta KZN is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.

Fees

We charge 15% sales commission on the selling price of all items which includes 3.5% to 5% of payment gateway fees, Commission is not charged on postage.
Vendor fees for orders placed through PayFast are taken at the Point of Sale by PayFast. There may be a delay of up to 3 days before payments are transferred.

Sales Policy

General

The sales contract is between each individual “seller” and the “buyer”. Rosetta KZN provides a service to facilitate that contract but is not responsible for it or its fulfilment.

Selling

All sellers agree to abide by the Consumer Contracts Regulations:

This legislation protects the consumer when buying over the internet or by mail order and applies to all provinces of South Africa.

Rosetta KZN aims to make it easy for sellers to comply with this legislation and consumer law, however, all compliance is the responsibility of the seller.

Sellers must post items purchased within three (3) working days of receiving payment unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be authenticated, in which case sellers must notify hello@rosettakzn.co.za

All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g. email) with the buyer.

Returns Policy

In using Rosetta KZN, sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in South African law). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner.

Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage.

Please note: Unless faulty, the following types of items are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements; items which deteriorate quickly (e.g. food), personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken.

Cancelling a transaction.

The buyer must inform the seller if they wish to cancel the order and they must do this in writing (email is sufficient). Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.

If you break the above terms then your account will be suspended and possibly terminated. Rosetta KZN seeks to promote legal activity and well-behaved conduct on its site however, you understand and agree in using the site that Rosetta KZN is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use Rosetta KZN at your own risk.

Legal Information: what sellers need to comply with

Rosetta KZN is a platform for people/businesses to sell to buyers. The legal contract for the purposes of any transaction between a buyer and a seller rests with the buyer and the seller and not Rosetta KZN.