Introduction

Welcome to the San Martinho Beach Club. This interactive website service is provided to you by San Martinho Beach Shared Vacation Ownership Club (SMBC), the use of which is subject to the following terms and conditions.

The Agreement

This Agreement is entered into between TCT Leisure (Pty.) Ltd, as the SERVICE PROVIDER and you, as the SERVICE USER.

Right of Use

The SERVICE PROVIDER hereby authorises and gives consent to the SERVICE USER to explore and interact with the materials contained on this website. The SERVICE USER acknowledges that this website is for his or her personal information and use only and that he or she may not in any way download, reproduce, display or record any of the information material, trademarks, logos, illustrations and displays contained on this website for any commercial purpose whatsoever.

Copyright

All information material, trademarks, logos, illustrations and displays are the sole property of, or held under license by, the SERVICE PROVIDER and any unauthorized use of any materials may violate trademark and copyright laws.

Links to Other Websites

The SERVICE USER acknowledges that as this website is developed and improved, other websites may become linked to this one. As these other linked websites may not be under the direct management and control of the SERVICE PROVIDER, the SERVICE PROVIDER specifically does not warrant the accuracy of the material contained therein, nor the efficiency of such website and accepts no responsibility nor liability for any losses occasioned by any use thereof or reliance thereon by the SERVICE USER.

Different Service Users

This website will be explored by existing Members of SMBC wanting to discover more about their Club and, by using the interactive capabilities of the website, to monitor and manage their involvement with SMBC. Other Users of this website may not be Members, but may want to explore what SMBC has to offer. Consequently, different Users may have different intentions and expectations of the website. The SERVICE USER acknowledges this difference and that the website and the provisions hereof must recognise this.

Personal Information

The SERVICE USER acknowledges that the SERVICE PROVIDER, in furtherance of its duties towards SMBC and its Members, may require certain personal information from the SERVICE USER from time to time. The SERVICE PROVIDER, however, acknowledges that it also has a duty to the SERVICE USER, and to this end SMBC has taken every precaution possible to protect the SERVICE USER'S right to privacy.

The SERVICE USER further acknowledges that the SERVICE PROVIDER may require such personal information for the purposes of promoting and administering SMBC more efficiently and effectively and has chosen the medium of this website to achieve this. The information collected will assist the SERVICE PROVIDER with maintaining and improving this website for the benefit of all Users.

The SERVICE PROVIDER subscribes to and complies with the provisions of the Promotion of Personal Information Act, No 4 of 2013.

Collection of Personal Information

The SERVICE PROVIDER undertakes to collect only such information as is commercially necessary to promote, market, administer and manage SMBC and this website. Particularly, the SERVICE PROVIDER will not pass on, or make economic gain from, any personal information collected, including name and contact details, credit and character details, from the SERVICE USER to any other person or persons, other than with the expressed consent of the SERVICE USER, under warrant of a court order or process of discovery in any court proceedings, or to affiliates of the SERVICE PROVIDER and SMBC: Provided that any personal information passed on to such affiliates shall only be for the purposes of promoting, marketing, administering and managing the SERVICE PROVIDER or SMBC, and that the affiliates shall not pass on such personal information. To this end, the SERVICE PROVIDER will comply with all applicable laws and regulations.

Use of Personal Information

The SERVICE USER acknowledges that one of the duties of the SERVICE PROVIDER is to monitor the success of the products of SMBC and this website, and to identify its market, and that personal information collected may be used for the purposes of survey, adaptation and improvement of such products and this website. The SERVICE USER specifically acknowledges and consents to the SERVICE PROVIDER and SMBC following up such information directly with the SERVICE USER by way of e-mail or other means. However the SERVICE USER shall have the right at any time to revoke such consent.

SMBC uses remarketing to reach users that have previously visited specific pages on the SMBC website and to communicate relevant messages to users related to the content on that page and the user's interest. These SMBC ads will be shown on sites across the internet by third-party vendors including Google. The third-party vendors, including Google, uses cookies to serve ads based on the users past visits on the SMBC website.

Users can opt-out of DoubleClick's use of cookies by visiting the DoubleClick opt-out page.

SMBC cannot be held liable for a user's personalized information changing or being deleted as a result of the user's disablement or deletion of cookies.

Responses from Service Provider

The SERVICE USER acknowledges that if he or she requires a response from the SERVICE PROVIDER, information relevant to the query may be required in order to respond thereto as fully as possible. If the SERVICE USER prefers not to provide such information, or is for whatever reason unable to do so, this may affect the extent of the response by the SERVICE PROVIDER.

Individual Transactions

As this website is updated and improved from time to time, new services may be introduced which may affect the nature of information required from Users. The SERVICE USER acknowledges that these terms and conditions may be amended from time to time to reflect the nature of the service provided by the SERVICE PROVIDER. Consequently, the SERVICE USER acknowledges that every time that he or she explores and/or interacts with this website will constitute a new transaction subject to the terms and conditions applicable at that time.

Jurisdiction

These terms and conditions are construed in terms of the laws of the Republic of South Africa, without giving effect to the principles regarding the conflict of laws. The SERVICE USER acknowledges and agrees to the exclusive jurisdiction of the High Court of South Africa in respect of any and all disputes arising out of or relating to this website, including but not limited to any dispute relating to jurisdiction.

Disclaimer

The SERVICE PROVIDER and SMBC and all their affiliates do not warrant the accuracy of the material contained in, nor the efficiency of the website and accept no responsibility nor liability for any loss occasioned by any use hereof or reliance hereon by the SERVICE USER. The SERVICE USER acknowledges that he or she shall not be entitled to rely on any information nor material contained herein as constituting a variation, alteration or amendment of any members' existing agreement with THE HOLIDAY CLUB, nor shall such information for material constitute any warranty or representation on which their service user may rely on to enter into a membership agreement with SMBC.