AccommodationZA Terms of Use



Introduction


When you use the AccommodationZA website to search for accommodation, list your establishment or in any way utilise any other services offered via the AccommodationZA 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 AccommodationZA website.


These Terms and Conditions include the Copyright Notice, Privacy Policy, Data Collection Policy and Electronic Communications and Transactions Act information. (collectively "the Terms").


No sales representative, affiliate, dealer, agent, officer or employee of AccommodationZA 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 accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking "By ticking this box you agree to the terms and conditions" on a web page or via your mobile phone, 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;


Marks mean any trademarks, logos, brand names, domain names or other marks of AccommodationZA;



Conclusion of Agreement and ECT Act


You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement accepted by a person acting in a representative capacity on behalf of you, the accepting 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 AccommodationZA at any time will be true, accurate and complete. AccommodationZA reserves the right to treat all misrepresentations by you as a fraud and you indemnify AccommodationZA against any loss or damage that AccommodationZA 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 AccommodationZA 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.

AccommodationZA 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 AccommodationZA. This information is available under "Contact / About Us" on our Website.



Cooling Off Periods


Should section 44 of the ECT Act be applicable, you are entitled to cancel without reason and without penalty an electronic transaction and related credit agreement that was concluded electronically for the supply of services, within 7 (seven) days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of the ECT Act which include (without limitation), services that began with your consent before the end of the aforementioned 7 (seven) day period.



User Name and Password


You will need a user name 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 user name and password.


You agree that:


  • you will use your user name and password for your own personal use only;
  • you will not disclose your user name 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 AccommodationZA and change your password;
  • you, as the holder of the user name 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 AccommodationZA 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 AccommodationZA's user authentication processes or engage in attempts to access AccommodationZA's network where not expressly authorised to do so.
  • AccommodationZA may offer a password reminder service. We will send your password to your registered email address should you have forgotten your password. 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.


Service Delivery and Interruptions


AccommodationZA 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 AccommodationZA shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend or access to the service and bar you from utilising 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 AccommodationZA unconditionally and irrevocably and agree to hold AccommodationZA harmless against all losses, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by AccommodationZA or instituted against AccommodationZA 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, AccommodationZA 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 AccommodationZA is liable to you for any damages, AccommodationZA's liability to you for any damages howsoever arising shall be limited to the sum of R 1,000.00 (one thousand rand) only.



General


Amendments: AccommodationZA reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.


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.



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