Bonamanzi Terms and Conditions


  1. Definitions
    1.Bonamanzi Game Reserve (Pty) Ltd is a registered public company, in accordance with the Company Laws of the Republic of South Africa. It is a provider of hotel accommodation in South Africa.
    2. The term “Client”, “Corporate”, “Corporate Client”, “you” or “your” are synonymous and refer to a person or an organisation who wishes to access the site for information and / or reservation purposes or the use of any services offered by Bonamanzi.
  2. Privacy Policy
    1. We are committed to protecting your privacy. Please refer to our Website Privacy Policy for information on how we collect, use and disclose personal information. The terms of our Website Privacy Policy (as amended from time to time) are incorporated herein by this reference.
    2. Should you not wish us to use the personal information, please send an e-mail to
  3. Ownership of the Site and its Contents
    1. You acknowledge that this Site is owned by, and all intellectual property rights herein vest in, Bonamanzi, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”), is owned by Bonamanzi, our licensors, advertisers or third-party content providers (as applicable).
    2. All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
    3. We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
    4. You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations. Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
  4. Disclosures required by Section 43 of the Electronic Communications and Transactions Act, 25 of 2002
    1. The required disclosures are displayed as a link from this website and are deemed to form part of these terms and conditions.
  5. Application of these Website Terms and Conditions of Use
    1. These Website Terms and Conditions of Use shall apply to all Clients and any member of the public wishing to interact with Bonamanzi through the Site, except where otherwise provided herein.
    2. These Terms and Conditions shall be incorporated in and shall apply consistently to every Agreement entered into between Bonamanzi and Clients, regardless of whether such Agreement is concluded orally, in writing or by digital acceptance.
  6. Use of the Site
    1. This Site and the Site Content are intended for use by Clients solely to provide information about our hotels or assist in making legitimate reservations at a hotel. Save as otherwise provided in any other Agreement, you may not use this Site or the Site Content for anything other than personal and non-commercial purposes. Save as otherwise provided in any other Agreement, you are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with us; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and (e) using the Site or the Site Content other than for their intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
    2. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, or the country from which you export the data, the country where data is downloaded, or the country in which you reside.
    3. You agree that you may not upload any data which is malicious, false, misleading, fraudulent or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Bonamanzi to allow any further dealings with the Client concerned, and/or possible prosecution with the relevant authorities. In such event, you shall have no claim or claims of whatsoever nature or kind against Bonamanzi arising out of such cancellation.
    4. Neither Bonamanzi, nor any person for whom it is vicariously liable at law, will be responsible for consequences of any nature which may arise from force majeure incidents, being those beyond its control; and specifically, not limited to, any misuse of an Client’s personal data that results from the abuse or sharing of a Bonamanzi Client’s access codes, if applicable. On the rare occasion that this may occur, Bonamanzi will provide a record to indicate which Clients have had access to the information.
    5. Bonamanzi Game Reserve (PTY) ltd is committed to secure and encrypted storage of the personal information of Clients. The nature of its business is to have this information accessible to its Clients. Under no circumstances will Bonamanzi give or sell any information relating to Clients to third parties, or organisations it deems not to be in the business of hotel reservations, or where it deems abuse of this access will occur.
    6. Abuse of this website may result in you being denied access to such facilities, at the sole discretion of Bonamanzi.
    7. You agree to abide by these terms and conditions in respect of any reservations or other services for which fees may be charged and that you are responsible for all charges, fees, duties and taxes arising out of the use of this website (as well as for any use of your account by others, including any person under the age of 18 years).
    8. Bonamanzi shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that Bonamanzi shall not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
    9. You must sign out of the website once you have finished using the Bonamanzi website. If you do not do this, unauthorised transactions may result, for which we will not be liable.
  7. Links
    1. You may not use a Bonamanzi logo or other proprietary graphic of Bonamanzi to link to this Site (or any other site) without our express written permission. Further, you may not frame any of our logos or other proprietary information, including the Site Content, without our express written consent.
    2. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that Bonamanzi’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
    3. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
  8. Advertising
    1. It is our intention to only send you e-mail communications that will be useful to you and that you want to receive. When you create a personal account or make a reservation and provide your e-mail address, we will periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to Bonamanzi offers which may also include the promotions of select, reputable third parties with whom Bonamanzi has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. When we make use of third party e-mail service providers to send the aforesaid e-mails, these service providers are prohibited from using your e-mail address for any purpose other than to send Bonamanzi related e-mail.
    2. Should you not wish to receive these e-mail communications, please send an e-mail to
  9. Verification
    1. You acknowledge and agree that Bonamanzi shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which are sent to Bonamanzi by way of the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Bonamanzi and you will be bound by such details with no liability whatsoever attached to Bonamanzi in regard thereto.
    2. You waive any rights you may have or obtain against Bonamanzi arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Bonamanzi acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify Bonamanzi against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Bonamanzi has acted on your instructions or instructions which purport to emanate from you.
  10. Warranties and Undertakings
    1. You undertake to conduct all dealings with Bonamanzi and other users of the Site with the utmost good faith and in accordance with all applicable laws.
    2. You warrant that every instruction and all information given by you to Bonamanzi shall be accurate, true and correct.
    3. Bonamanzi makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Site, its content and/or accuracy thereof, any services provided via this Site or the suitability of any of the services for a particular purpose or the effectiveness of any security or encryption facilities.
    4. Bonamanzi does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components.
    5. Bonamanzi, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you, the recipient of any services or any third party arising from or as a result of the conclusion of any agreement for the services, or as a result of or which may be attributable (directly or indirectly) to your use of or reliance on the Site, including any information provided thereon, services provided via this Site; any viruses that may infect your computer or other property on account of your access to and/or use of the Site; the efficacy of any security or encryption facilities; or the Internet and you indemnify and hold Bonamanzi harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.
    6. You agree that you will not, in using the Site, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the Site and you indemnify and hold Bonamanzi harmless for any damage or loss caused by any such act.
  11. Indemnification
    1. You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site (including, without limitation, any information you disclose in any dealings you have with any other user of the Site), your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
  12. Disclaimer
    1. This Site and the Site Content are provided “as is” and we and our directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site or the Site Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or the Site Content. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
    2. We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
    3. We do not have direct control over all of the Site Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. If you find the Site Content, or any part thereof, offensive or believe that any of the Site Content infringes upon any copyright that you own or control, you may file a notification of such complaint or infringement as set forth in clause 14 below.
  13. Limitation of Liability
    1. In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Site Content or the materials or services contained in or accessed through the Site, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Bonamanzi’s records, programs or services. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to us for access to or use of the Site.
  14. Governing Law
    1. These Site Terms are governed by and will be interpreted according to the laws of South Africa and all disputes, claims and other matters in connection with these Site Terms will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.
  15. Termination
    1. Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Site.
  16. Miscellaneous Provisions
    1. These Site Terms (as varied from time to time in accordance with clause 15 below) constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with Bonamanzi. If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.
    2. Failure or neglect by us to enforce at any time any of the provisions of the Site Terms will not be construed as a waiver of our rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by us.
    3. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
    4. Any rights not expressly granted herein are reserved.
  17. Changes to Site Terms
    1. Bonamanzi reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.
  18. Contact Information
    1. Questions or comments about the Site or Site Terms may be directed to


    1. Bonamanzi Game Reserve (PTY) LTD, Registration No. 2004/010978/07 is a public company with limited liability duly registered in accordance with the company laws of the Republic of South Africa.
    2. The Guest is the person whose details and signature appear on the registration card and who accepts these terms and accepts responsibility on behalf of all persons indicated on the registration card and/or residing at the hotel.
    3. The Guest agrees to enter the hotel premises and use the hotel facilities subject to these terms.
    1. The rule of construction that an agreement shall be interpreted against the person responsible for its drafting or preparation shall not apply to these terms.
    1. These terms shall commence on date of signature of the registration card and shall continue until the Guest has completed his stay at the hotel and paid all amounts outstanding and due and payable to the hotel.
    1. In order to confirm availability at a hotel a Guest must make a reservation through a Bonamanzi approved on-line booking-channel, telephonically, by e-mail or through a tour operator or travel agent. Walk-ins are acceptable subject to availability at that time.
    2. All reservations require a 100% payment at time of making reservation. All reservations not paid will be released and cancelled within 24 hours of making the reservation. If a guest arrives and the hotel has a vacancy, the reservation may be reinstated and the guest checked in.
    3. To guarantee a reservation the hotel must have one of the following:
    1. Credit card details, including Cardholder name, Card Type, 16 digit credit card number. Expiry Date, CVV Number;
    2. A voucher from a travel agent;
    3. If paying by cash, a deposit or payment securing a minimum one nights’ accommodation, VAT and tourism related levies (if applicable) paid into the hotel’s bank account in cleared funds;
    4. A company order guaranteeing payment;
    4. If no room is available for a late arrival guaranteed reservation the host hotel will reserve a room at another equivalent hotel and arrange transport for the guest to get to the alternate hotel. The host hotel is responsible for the difference in room rate should the alternate hotel’s room rate be more expensive that the host hotel’s rate.
    5. In the event of a Guest not showing, a no show charge will be administered to the tour operator, corporate or travel agent or against the credit card provided of one nights’ accommodation, VAT and Tourism Levy.
    6. Overbooking may occur inadvertently from time to time. In this event the host hotel will reserve a room at another equivalent hotel and arrange transport for the guest to get to the alternate hotel. The host hotel is responsible for the difference in room rate should the alternate hotel’s room rate be more expensive that the host hotel’s rate.
    7. In the event of a Guest cancelling a reservation the cancellation policy will apply:-
    If cancelled more than 90 days in advance a 100% refund will be returned
    If cancelled between 61 – 90 days in advance a 70% refund will be returned
    If cancelled between 31 – 60 days in advance a 50% refund will be returned
    If cancelled between 15- 30 days in advance a 25% refund will be returned
    No refund of payment will be returned for reservations cancelled less than 14 days in advance or in the case of a no show. Requests for a refund will be processed within 10 business days from date of cancellation.
    8. Cheques will not be accepted for any purposes whatsoever unless pre-authorised by the General Manager of the hotel.
    1. Rooms are configured specifically as detailed on the Bonamanzi website , in accordance with the Occupational Health and Safety Act. The configuration may be amended by Bonamanzi from time to time in its sole discretion.
    2. Bonamanzi reserves the right in its sole discretion to determine how many guests are permitted per room based on room configuration and health and safety requirements applicable from time to time. It is the Guest’s responsibility to pre-confirm with Bonamanzi the room configuration and guest allocation per room. Bonamanzi accepts no liability should the hotel need to book additional rooms on registration due to incorrect room configuration/guest quota made on reservation. All rooms at Bonamanzi hotels are configured as non-smoking rooms. Smoking in the public areas of the hotel is only permitted in specifically designated areas at the hotel premises, in accordance with the Tobacco Control Act.
    3. Guests are responsible for safe-keeping of their own valuables and travel documentation, wherever it may occur on hotel premises and accordingly the hotel accepts no liability whatsoever for lost, stolen or damaged valuables.
    4. Whilst Bonamanzi has taken reasonable security precautions at its premises and is concerned with the safety and security of its Guests and their property, Bonamanzi does not warrant the safety of any person on any part of the hotel premises and it is the responsibility of a Guest to take reasonable safety precautions to ensure his / her safety and well-being.
    5. Guests make use of all hotel facilities at their own risk, including but not limited to the use of restaurant facilities, parking areas, shuttle / taxi services, swimming pools, WIFI, business facilities and the like.
    6. Guests are to specifically note that hotel swimming pools are not be gated off or contained and no life guards are on duty at any swimming pools. It is the Guests responsibility to at all times supervise children under the age of 18 both at swimming pools and on the hotel premises in general. Guests indemnify the hotel against any loss, damage, death or injury caused to a minor whilst not under the supervision of the Guest. Should a Guest contract with the hotel to stage an event, then the Guest shall remain liable and indemnifies the hotel against any loss, damage, death or injury, costs, fines, penalties and the like arising from any act of omission of Guest appointed third party contractors, including but not limited to any third party contractor failing to adhere to any laws applicable to the services rendered by them for such event.
    7. In addition to the aforementioned, each hotel premises may have signage detailing specific rules applicable to those hotel premises. Such signage is deemed to be incorporated into these terms by this reference.
    8. The Guest shall be liable for and indemnifies Bonamanzi against any loss, damage, costs, fines, penalties and the like arising from a Guest, and or any person for whom a Guest is responsible under this Agreement, contravening any applicable local laws (including, but not limited to applicable smoking laws).
    1. The rates payable for any reservation are indicated when a Guest makes a reservation. On arrival and check-in, a Guest must either:
    1. Present a credit card with details, including Cardholder name, Card Type, 16 digit credit card number. Expiry Date, CVV Number against which the hotel shall debit the full room rates, tourism levy, VAT and/or any other amounts agreed on; or
    2. Present a voucher from a travel agent or tour operator indicating the details of the reservation and billing instructions, rates (and whether or not they have been pre-paid) and the services to be rendered; or
    3. If paying by cash, pay the full room rates and/or other amounts, tourism levy and VAT invoiced on check-in; or
    4. Present a company order guaranteeing payment.
    2. Guests shall be liable for payment for all extras invoiced on check-out including but not limited to, costs for breakfast, additional restaurant and bar accounts, transport, business administration, laundry, damages, breakage deposit and / or actual costs etc. In the event that a Guest fails to pay such extras then such amount shall be debited against the credit card, tour operator, travel agent or corporate account or invoiced, in which event such invoice shall be paid within 20 (twenty) days of Bonamanzi’s written demand, failing which Bonamanzi shall be entitled to charge penalty interest at the prime overdraft interest rate of Bonamanzi’s bankers plus 3% from due date to date of full payment of such overdue amount, together with such attorney’s legal costs and collection fees incurred.
    3. Cheques will not be accepted for any purposes whatsoever.
    4. If at any time any tax or levy is increased as a result of a change in any relevant local South African law applicable, then Bonamanzi shall be entitled to immediately levy such increase when effective without any further notice to any person.
    5. All payments to be made hereunder to Bonamanzi shall be made free and clear of, and without any deductions for or on account of, any set-off or counterclaim. Guests shall not be entitled to exercise any right of set off with respect to any amounts owing to Bonamanzi under this Agreement against any amounts owing to him/her under any other agreement or obligation.
    6. Eft payments may be made into Bonamanzi’s designated bank account to settle accounts. The guest is responsible for verifying Bonamanzi’s bank details. Accordingly Bonamanzi will not be responsible for fraudulent changes to bank details that have not been verified by the guest and Bonamanzi is hereby indemnified against any resultant loss or damage incurred.
    7. In the event of non-payment by the guest of any amount due or owing to Bonamanzi for any reason whatsoever, the guest, by his signature hereto expressly provides his/her consent to being listed on any credit bureau system by Bonamanzi without further notice.
    1. All guests booked through tour operators, travel agents, corporate or other group bookings are required to accept these terms and conditions by signature on check-in.
    2. All terms applicable between a corporate, tour operator or travel agent will be specifically agreed in a written contract between such party and Bonamanzi, which contract shall incorporate these terms. In the event of a conflict between the contract and these terms, the provisions of the contract will apply.
    1. The Guest acknowledges that when making a reservation Bonamanzi is obliged by law to collect the personal information of all guests residing at the hotel and may from time to time be required to provide such information to the relevant government and/or regulatory authorities.
    2. Save as aforementioned Bonamanzi undertakes to treat all personal information as confidential information and shall not disclose same, without the prior written consent of the guest to whom the information relates, save where Bonamanzi is required by law to do so.
    3. Bonamanzi undertakes that it shall not, at any time, copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use any personal data for any purpose other than with the express prior written consent of the guest to whom it relates or to the extent necessary to comply with Bonamanzi’s obligations arising under concurrent legislation.
    1. To the maximum extent permitted by applicable law, the Guest and any person for whom it is a signatory under these terms indemnifies, defends and holds Bonamanzi (and its personnel) harmless, and shall keep Bonamanzi fully and effectively indemnified, against (i) any and all loss of or damage to any property or injury to or death of any person; and (ii) loss, damage (including attorneys’ fees on an attorney and own client basis), costs and expenses which Bonamanzi may suffer or incur arising directly or indirectly from any act or omission of Bonamanzi or its personnel.
    2. Notwithstanding anything to the contrary in these terms, Bonamanzi’s maximum liability:
    1. For any loss or damage to property is limited to R500.00 per claim or series of claims arising from the same event in any one year;
    2. For any injury or death is limited to R2,000,000.00 per claim or series of claims arising from the same event in any one year;
    3. To the maximum extent permitted by applicable law, in no event shall Bonamanzi or its personnel be liable for any indirect, incidental, special, punitive or consequential damages or losses howsoever arising.
    1. Any complaint or dispute must first be referred to the relevant hotel manager who shall attempt to resolve the dispute. In the event such dispute is not resolved within 10 days from first notification then the dispute shall be referred to senior managers of Bonamanzi who shall attempt to resolve the dispute. Bonamanzi reserves the right, in its sole discretion, to refer a dispute to alternative dispute resolutions forums such as mediation or arbitration.
    1. These terms constitute the entire agreement between Bonamanzi and the Guest in respect of the subject matter of these terms. No amendment or modification to these terms shall be effective unless in writing and signed by and authorised signatory of Bonamanzi.
    2. No indulgence shall be, or be deemed to be, a waiver of any of these terms and no waiver of any breach shall operate as a waiver of any continuing or subsequent breach.
    3. These terms shall be governed and construed according to the laws of the Republic of South Africa and the parties agree to submit to the exclusive jurisdiction of the South African courts.