Policies

TERMS AND CONDITIONS FOR ACCESS TO BENEFITS - HORN AND TUSK 

Horn and Tusk is a non-profit company (“NPC”) registered in the Republic of South Africa under registration number 2024/808020/08 with its main objective being conservation of wildlife by the promotion of sustainable hunting in Southern Africa.

The NPC, among other, wishes to attract international hunters to Southern Africa and attempts to negotiate better hunting packages and other benefits for international hunters at 3rd party providers

The NPC wishes to provide international hunters with access to these benefits on a subscription basis in terms of which a subscriber can subscribe for certain benefits, against payment of a monthly or yearly fee.

When subscribing to the subscription a subscriber has exclusive access to certain benefits arranged by Horn and Tusk NPC, and provided by 3rd party service providers directly to Subscribers in accordance with the terms and conditions set out herein.

1. Definitions

1.1 In this Agreement, unless the context otherwise requires, the following capitalised terms shall have the meanings assigned to them below and cognate expressions shall have corresponding meanings:

“Agreement” the terms and conditions set out herein, together with any annexures or schedules attached thereto;

“Application Form” the application form completed by the Subscriber and submitted to NPC electronically or physically, as may be determined by the NPC from time to time, in terms of which the Subscriber applies for the Benefits;

“Application” the application submitted by the Subscriber in accordance with the Application Form;

“Benefits” the Benefits for which the Subscriber applied for in the Application Form as set out in the Benefit Schedule;

“Benefit Schedule” the Benefit Schedule made available by NPC to the possible Subscribers from time to time, including the Benefits;

”Calendar Day / Year” a calendar month shall refer to a period from the first day of a month until the last day of the same month, and calendar year shall refer to a period from 1 January to 31 December of a specific year;

“Commencement Date” the First Payment Date;

“Expiry Date” the date of expiry of this Agreement by effluxion of time;

“First Payment Date” the date on which a Subscriber makes its first payment in terms of this Agreement;

“NPC” Horn and Tusk NPC registration number 2024/808020/08 a non-profit company duly registered in accordance with the company laws of the Republic of South Africa with its registered address at 6 Schutte street Parys Free State South Africa;

“Parties” the NPC and the Subscriber, and any reference to “a Party” shall refer to one of the relevant Parties as required by the context;

“Services” the services to be provided by the Service Provider(s) to the Subscriber to which the Subscriber has access as set out in and subject to the terms and conditions of the Benefit Schedule;

“Service Provider” the 3rd party provider of Services to the Subscribers;

“Subscriber” the subscriber to the Benefits indicated in the Application Form;

“Subscription Fee” the subscription fee referred to in the Application Form and/or Benefit Schedule; and

“Termination Date” any date on which this Agreement is terminated in accordance with its terms other than by way of effluxion of time.

2. SUBSCRIPTION AND BENEFITS PROVIDED

2.1 By completing the Application Form, the Subscriber applies to receive the Benefits in accordance with the terms of this Agreement.

2.2 The NPC may consider the Application and in its sole and absolute discretion decide to approve or reject the Application. 

2.3 The NPC may utilize an electronic Application Form with immediate or automatic processing. Notwithstanding the above, the Application may be rejected by the NPC by written notice to the Subscriber within not more than 7 days of receipt of the Application. Processing of the Apprlication shall not be deemed an approval of the Application. Should the NPC not reject the Application within the 7 day period, it shall be deemed that the NPC has accepted the Application.

2.4 On approval of the Application, the Subscriber subscribes to the Benefits set out in the Benefit Schedule and elected in the Application Form when submitting the Application to the NPC.

2.5 The Benefits shall be provided to the Subscriber in the manner and in accordance with the provisions of the Benefit Schedule for a period of one (1) year commencing on the Initial Subscription Date (the “Subscription Period”). The Subscriber shall not be entitled to any Benefits for any period prior to the Initial Subscription Date, irrespective of the Subscription Fee payable in respect of the Subscription Period.

2.6 By submitting the Application Form the Subscriber agree to the terms set out herein with effect from the Commencement Date on approval of the Application by NPC.

2.7 This Agreement shall apply to any additional Benefits subscribed for during the duration of this Agreement.

 

3. NATURE OF THE BENEFITS

3.1 The Benefits shall be limited to the Benefits included in the Benefit Schedule and does not include any Services.

3.2 The Services shall not be guaranteed until completion of an agreement by the Subscriber with the Service Provider in accordance with clause 8.

3.3 NPC shall not be deemed the provider of the Services to the Subscriber, which services shall be provided by the Service Provider, as set out in clause 4 below.

4 DURATION AND CANCELLATION POLICY

4.1 This Agreement and the rights and obligations of the Parties under this Agreement shall take effect on the First Payment Date.

4.2 A Subscriber subscribes for the Benefits for a period of one (1) year from the Subscription Date, whereafter the Subscription shall automatically renew for successive one-year periods, unless terminated in accordance with clause 4.3.

4.3 If the Subscriber wishes to cancel the Agreement at the end of the current subscription term, the Subscriber must provide written notice of such cancellation at least sixty (60) days prior to the expiry of the then-current one-year term. If such notice is not received within the required period, the Subscription and this Agreement shall automatically renew for an additional one-year term.

5 RELATIONSHIP BETWEEN THE PARTIES

5.1 In terms of this Agreement the Subscriber subscribes for the Benefits as a service to be provided by NPC to the Subscriber. It is specifically recorded that the Subscriber by subscribing for the Benefits does not become a member of the NPC or receive any rights other than the Benefits, relating to the NPC or otherwise.

5.2 NPC shall act as an independent contractor and service provider, providing the Subscriber with the Benefits. The Benefits and the services provided by NPC to the Subscriber shall however be limited to access to the Services to be provided by Service Providers, which Services shall be independently provided by the Services Provider.

5.3 The Subscriber indemnifies NPC and shall hold NPC harmless against all and any claims which may now (or may from time to time hereafter) be made against the NPC, Subscriber or the Service Provider arising in any manner whatsoever out of or in connection with the Services provided to the Subscriber by the Service Provider, including any loss, liability, damage, claim, cost or expense of whatsoever nature, and legal costs as between attorney and own client, which any of the Parties or the Subscriber might now or from time to time hereafter suffer or incur in consequence of executing or furnishing or arising out of the provision of the Services or the Benefit.

6 PAYMENT 

6.1 In consideration for the Benefits being granted by NPC to the Subscriber the Subscriber shall for the duration of this Agreement, pay NPC the Subscription Fee.

6.2 The Subscription Fee shall be payable:

6.2.1 Should the Subscriber elect the monthly payment option in the Application Form, the Subscription Fee shall be payable on the date on which the Application is submitted and thereafter monthly in advance on or before the 1st (FIRST) day of each following month. In the event where the First Payment Date does not fall on the first of a specific month, the full monthly amount shall still be payable for the specific month as if the Application was submitted on the first day of a calendar month.

6.2.2 Should the Subscriber elect the annual payment option, the Subscription Fee shall be payable in full on the Initial Payment Date and shall cover a period of one (1) year from such date. Thereafter, the Subscription Fee shall be payable annually in advance on or before each anniversary of the Initial Payment Date. For the avoidance of doubt, the Subscription Period shall run for twelve (12) consecutive months from the Initial Payment Date, irrespective of the Calendar Year in which such payment is made.

6.3 All payments made in terms of this Agreement, commencing on the Commencement Date, shall be made free of exchange and without deduction or set-off to NPC electronically (or by such other payment method as the NPC may determine from time to time) into a bank account as identified by NPC to the Subscriber.

6.4 The Subscription Fee shall be payable in South Africa Rand and in the manner determined by the NPC. The exchange rate applicable shall be the exchange rate on receipt of the Subscription Fee by the NPC, with the implication that if an amount is paid in a foreign currency such as the United States Dollar, a different amount shall be payable at each payment based on the exchange rate at the date of the specific payment.

6.5 The Subscription Fee, as well as any other funds due by the Subscriber to the NPC, shall exclude any taxes and/or levies due as a result of a requirement by any governmental organisation (which shall include but not be limited to any value added tax, importation tax, withholding tax and general sales tax) and all these taxes and/or levies, shall be paid by the Subscriber.

6.6 Where the Subscriber fails to pay any amount owing to NPC in terms of this Agreement on the due date thereof, then without prejudice to any other rights of NPC in terms of this Agreement, the Subscriber shall while any Subscription Fee remains outstanding not have access to any Benefits and the Subscriber shall pay NPC interest on the outstanding amount, calculated at 11.75% per annum, which interest shall be compounded monthly on the last calendar day of every month from the due date for payment of the amounts in respect of which the interest is chargeable until the payment of such monies in full.

7 BENEFITS AND SUBSCRIPTION FEE CHANGEABLE

7.1 NPC provides the Benefits as access to Services to the Subscribers which Services and/or Benefits are interchangeable and may be changed by NPC from time to time, in the sense that NPC may at any given time change the Benefit Schedule, by removing certain Benefits and including new Benefits at NPC’s discretion.

7.2 The Services may accordingly only be available for a specific period of time, and prices may be impacted by the terms and conditions of the Services Provider and economy / business circumstances in general.

7.3 NPC cannot guarantee that it will be able to provide any notice for a change of the Benefit Schedule, however undertakes to provide notice of a change in the Benefit Schedule as soon as reasonably possible.

7.4 The Subscriber warrants that it has perused the Benefit Schedule and shall immediately peruse any changes thereto.

7.5 NPC shall review and be entitled to amend their Subscription Fees annually with effect on 1 January of every year, which amendments shall be communicated to Subscribers on or before the 15th of October of each year.

7.6 NPC reserves the right to change Service Providers without notice to the Subscribers.

7.7 The Subscriber may only utilize the Benefits for personal and non-commercial use, and the Benefits may not be utilized for generating income, without the prior written approval of NPC.

8 UTILISING BENEFITS AND AGREEMENT WITH SERVICE PROVIDER

8.1 Each Benefit included in the Benefit Schedule shall be subject to its own terms and conditions, as per the terms and conditions determined by the Services Provider and NPC.

8.2 Should the Subscriber wish to access a specific Service and/or Benefit, it shall give written notice thereof to NPC.

8.3 NPC shall as soon as reasonably possible after receipt of a request for Services, either -

8.3.1 provide the Subscriber with the contact details and benefit code of the Service Provider; or

8.3.2 directly provide the terms of service of the Service Provider to the Subscriber.

8.4 A Benefit or Services shall only be secured on accepting of the terms and conditions of the Service Provider by the Subscriber, subject to such terms and conditions.

8.5 Notwithstanding the above, and specifically subject thereto that the Subscriber’s contractual relationship with respect to the Services shall be with the Service Provider and not with NPC, the Subscriber hereby authorizes NPC to act on its behalf in any communication with the Service Provider.

8.6 The Benefits provided shall accordingly at all times be subject to the terms and conditions of the Service Provider, and subject to the terms and conditions set out in the Benefit Schedule.

8.7 Any payments made by the Subscriber for any amounts other than the Subscription Fee, which amounts shall be payable directly by the Subscriber to the Service Provider, shall be at the risk of the Subscriber. 

9 BREACH

9.1 Should the Subscriber -

9.1.1 fail to pay any amount owing by the Subscriber in terms of this Agreement by the due date thereof;

9.1.2 commit any other breach of this Agreement (including a breach of an agreement with a Service Provider) and fail or refuse to rectify that breach within 14 (FOURTEEN) days after receipt of a written notice from NPC calling upon on it to do so, provided that should the breach be one which cannot reasonably be remedied within 14 (FOURTEEN) days, then the Subscriber shall be allowed such additional time as is reasonably required to remedy the breach;

9.1.3 NPC notify the Subscriber in terms of clause 9.1.2 to remedy any breach of this Agreement more than twice in any year of this Agreement; 

9.1.4 reach or attempt to reach a general compromise with its creditors; 

9.1.5 be provisionally or finally wound up or sequestrated/liquidated, placed under judicial management/business rescue, or should a meeting of its shareholders be convened for the purpose of considering a resolution for voluntary winding up or business rescue, or should such a resolution be passed;  

9.1.6 suffer any final judgment to be entered against it and fail to satisfy that judgment within 7 (SEVEN) days thereof; or

9.1.7 be charged with any offense of which dishonesty or firearm contraventions or improper hunting practices is an element, irrespective whether or not the Subscriber is found guilty or not guilty,

 then in any of such events, NPC shall be entitled, without prejudice to any other of its right, to forthwith cancel this Agreement by written notice to the Subscriber based on a breach of contract by the Subscriber, or otherwise.

9.2 Notwithstanding the above, the NPC shall be entitled to at anytime terminate the Agreement by one month’s prior written notice to the Subscriber without being require to provide any reason therefore.

10 FORCE MAJEURE

In the event of any delay in performance by NPC or the Service Providers due to any cause arising from or attributable to acts, events, non-happenings, omissions, accidents or acts of God beyond the reasonable control of such NPC or the Service Provider (including, but not limited to, strikes, lock-outs, shortage of labour, civil commotion, riots, war, threat of or preparation for war, breaking off of diplomatic relations, fire, explosion, sabotage, storm, flood, earthquake, fog, subsidence, pestilence or epidemic, pandemic, machinery breakdown, failure of plant or collapse of structure, voluntary or mandatory compliance with any direction, request or order of any person having or appearing to have authority, inability to obtain suitable raw material, equipment, components or transportation as a result of force majeure, uncontrollable and/or any other cause or contingency beyond the control of that Party), NPC and the Service Provider shall be under no liability for loss or injury suffered by the Subscriber as a result thereof and the performance of such obligation by NPC and/or the Service Provider shall be suspended during such delay and upon cessation of the cause of such delay, this Agreement shall again become fully operative and such affected Party shall immediately rectify such delay in performance, provided that, if such delay pertains to a material obligation of the Party affected by such force majeure event and such delay exceeds 30 (THIRTY) days, any Party shall be entitled to terminate this Agreement by written notice to the other Party.

11 WARRANTIES

11.1 NPC warranties

NPC warrants that -

1. the obligations of NPC under this Agreement are legal, valid and binding and enforceable against it in accordance with the terms of the Agreement;
2. is has satisfied itself as to the nature and extent of the Benefits to be provided in terms of the Agreement;  and
3. it has the necessary resources, skills, expertise and experience required to provide the Benefits in terms of this Agreement and will use reasonable care and skill in the execution of the same under this Agreement.

• NPC does not provide any warranties other than the warranties set out in clause 10.1, and specifically does not warrant the quality of the Services to be provided by the Service Providers.

11.2 Subscriber warranties

The Subscriber warrants that -

1. it understands and is aware that the Services are provided by 3rd party independent service providers; 
2. it shall at all times comply with the terms and conditions of any agreement with the Service Provider, which it shall take sole responsibility to confirm the details of; and
3. it has not knowingly omitted to disclose any material information in its possession or under its control relating to the Services or Sites.

12 MISCELLANEOUS

12.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Each Party agrees that the Free State Provincial Division of the High Court of South Africa shall have exclusive jurisdiction to hear and decide any application, action, suit, proceeding or dispute in connection with this Agreement, and irrevocably submits to the jurisdiction of the Free State Provincial Division of the High Court of the High Court of South Africa.

12.2 No provision of this Agreement (including, without limitation, the provisions of this clause) may be amended, substituted or otherwise varied, and no provision may be added to or incorporated in this Agreement, except (in any such case) by an agreement in writing signed by the duly authorised representatives of the Parties.

12.3 Except where expressly provided to the contrary in this Agreement, this Agreement constitutes the entire agreement between the Parties in connection with its subject matter and supersedes all prior representations, communications, negotiations and understandings concerning the subject matter of this Agreement.

12.4 All notices and any other communications whatsoever (including, without limitation, any approval, consent, demand, query or request) by either Party in terms of this Agreement or relating to it shall be given in writing and sent by electronic mail to the recipient Party at its relevant address set out in the Application Form. 

12.5 Either Party may, by written notice to the other Party, change any of the addresses at which, or the designated person for whose attention those notices or other communications are to be given.

12.6 Any notice or other communication given by any Party to the other Party which –

12.6.1 is delivered by hand during the normal business hours of the addressee at its specified address shall be rebuttably presumed to have been received by the addressee at the time of delivery;  or 

12.6.2 is transmitted by electronic mail to the addressee at the addressee’s specified electronic mail address shall be rebuttably presumed to have been received by the addressee on the date of transmission as reflected on the sender’s electronic mail records.

12.7 The Parties choose their respective physical addresses in the Application Form as their respective domicilia citandi et executandi at which all documents relating to any legal proceedings to which they are a party may be served.