TRAVELINFO WEBSITE TERMS AND CONDITIONS
THE USE OF THE TRAVELINFO WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS. ACCESSING AND USING THE TRAVELINFO WEBSITE OR ANY PART THEREOF IMPLIES THAT YOU (User) AGREE TO THE TERMS AND CONDITIONS BELOW.
1.1 'the Travelinfo website' means this website and all its pages and content, owned and operated by Now Media and located at http://www.travelinfo.co.za;
1.2 'Now Media' means Lugan Investments (Pty) Limited trading as Now Media, with registration number 2000/013379/07;
1.2.1. Travelinfo is a registered product owned by Lugan Investments (Pty) Ltd.
1.3 'Content' means, but not limited to text, graphics, icons, links and other similar material on the website;
1.4 'Intellectual Property' means copyright (including but not limited to literary, artistic, musical works, photographs, computer programs and sound recordings), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets and design rights (including all applications);
1.5 'Now Media Software' means the software available from the Travelinfo website;
1.6 'Service Providers' means (but not limited to) airlines, tour operators, hotels, car rental organisations, activity suppliers and other travel suppliers
2. ABOUT US
2.1 Company name: Lugan Investments (Pty) Limited t/a Now Media
2.2 VAT number: 4580224063
2.3 Directors :
2.3.1 David Marsh
2.3.2 Linda van der Pol
2.3.3 Nico Maritz
2.4 Physical Address : Now Media Centre, 32 Fricker Road, Illovo Boulevard, Illovo, South Africa;
2.5 Postal Address: P.O.Box 55251, Northlands, 2116, South Africa;
2.6 Tel : +27 11 327-4062
2.7 Fax : +27 11 327-4094/7
2.8 Email: email@example.com (email address you can use if you have questions or problems with regard to the Travelinfo website or for questions or additional information on Travelinfo)
Type of Business: Provision of travel information to travel organisations.
3. LIMITED LICENCE TO USERS
3.1 Now Media grants to the User (registered User), subject to the terms below, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
3.2 This Travelinfo Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Now Media.
3.3 Unless specifically agreed to, the User may not:-
3.3.1 collect product or service listings, descriptions or other information displayed on the Travelinfo Website, and allow any derivative use or reproduction of the Travelinfo Website or the Content for the benefit of another party.
3.3.2 frame nor use framing technologies to enclose the Travelinfo Website or the Content nor any part thereof; or
3.3.3 mirror, data mine, by way of, but not limited to, robots, crawlers or other similar programs, or cache the Travelinfo Website without the express written consent of Now Media.
3.3.4 reverse engineer, modify, re-distribute, decompile or create a derivative work of the Travelinfo Website or software, or any part thereof without prior written authorisation from Now Media;
3.3.5 use the Travelinfo Website's communication facilities for purposes of unsolicited communications ('Spam') or to send or publish any content that is in violation of any law or that is obscene, defamatory, racist or offensive in nature or may result in the infringement of intellectual property;
3.3.6 assign, transfer or sublicense the rights pursuant to this Agreement;
3.3.7 upload any damaging code or viruses through the utilisation of the Travelinfo Website login facility (where applicable).
3.4 Now Media and its affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.
3.5 Now Media does not offer products or services to minors. If the User is under the age of 18, the User may not respond to or otherwise accept or act upon any invitation to do business on the Travelinfo Website.
3.6 In all of the aforesaid licensed rights, the Travelinfo Website must be acknowledged as the source of the material and the Travelinfo contact details must be reflected accordingly;
3.7 The User's fair use and other rights are in no way affected by the above;
3.8 Restricted access (need to register)
3.8.1 Access to certain areas of the Travelinfo website is restricted, i.e. .Login facility. Now Media reserves the right to restrict access to those areas of the Travelinfo website, or indeed the whole Travelinfo website, at the discretion of Now Media.
3.8.2 If Now Media provides the User with a user name and password to enable the User to access restricted areas of the Travelinfo website or other content or services, the User must ensure that the username and password are kept confidential.
3.8.3 Now Media may disable the User's username and password at Now Media's sole discretion without notice or explanation.
3.9 Hyperlinks to and from Travelinfo website
3.9.1 The Travelinfo website may contain links to other websites operated by third parties. Now Media does not endorse the operators and / or owners of third party websites, or operate or control in any respect any of the information, graphics and material on those third party websites or guarantee that the website will be operation at all times;
3.9.2 Links to third party websites are included solely for the convenience of Users. The User therefore assumes sole responsibility for the use of a third party website;
3.9.3 Now Media makes no warranties or representations regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party website content or products or services available through third party websites or that third party website content does not infringe the intellectual property rights of any person.
3.9.5 Hyperlinks to the Travelinfo website will be allowed, subject to the following conditions:
220.127.116.11 Submit request to hyperlink to Now Media, reflecting the details of your organisation and particular website that will host the hyperlink to Travelinfo website;
18.104.22.168 On acceptance of your request you will receive a Linking Agreement to be signed and submitted to Now Media. On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.;
22.214.171.124 Authorisation to link to the Travelinfo Website shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form whatsoever between the User and Now Media nor authorise the User to incur any liability on behalf of Now Media.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The Intellectual Property available on the Travelinfo website or obtained via the interaction between itself and the Users are the property of Now Media or licensed to Now Media and may not be utilized outside the licensed terms as set out under these terms and conditions;
4.2 The names, images and logos identifying Travelinfo, Now Media or third parties and their services and products are subject to copyright, design rights and trademarks of Now Media and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Now Media or any other third party;
4.3 E-mail addresses, names, telephone numbers and fax numbers published on the Travelinfo website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no "opt-in" permission from Now Media to utilise same.
4.4 Now Media would be pleased to consider requests for permission to disseminate or use Travelinfo website Content outside the scope of the licence terms set out under above, provided that our written approval is obtained in advance. To obtain approval please contact us at: firstname.lastname@example.org.
5. ADDITIONAL INFORMATION TO THE USER
Further disclosure requirements to the User:
5.1 Full price of goods or services available from Travelinfo website:
5.1.1 Access to Travelinfo website (including the Login facility) is free;
126.96.36.199 Access to Travelinfo Plus information is on a monthly subscription basis.
5.1.2 Service and Product Fees as presented on Travelinfo Website:
188.8.131.52 The services and / or product prices, presented on the Travelinfo website, are received from various Service Providers;
184.108.40.206 Now Media has no editorial rights or control over the determination of the prices and purely acts as a publisher / agent for said prices;
220.127.116.11 The services and / products presented on the Travelinfo website are not an offer by Now Media to sell any services and / or products, but an invitation to you to request further information or make an offer to our Service Providers. We or our service supplier are free to accept that offer or to reject it. In some cases, we may send you an email acknowledging receipt of your request or offer.
5.2 Services and Products:
5.2.1 We act on an agency model; this means that we act as a disclosed agent for third party Service Providers, such as a tour operators, hotels, airlines, car rental organisations etc.;
5.2.2 Services and Products information on the Travelinfo website is information as received from certain Service Providers;
5.2.3 On request for "More info" Travelinfo will make available certain booking information, i.e. booking code, contact details of the specific Service Provider and price;
5.2.4 To acquire more information you can contact the Service Provider directly as per the contact details provided or click on "Enquire now" that will allow you to add comments to be submitted to us.
5.2.5 If there are any changes to the details supplied to us by you it is your responsibility to inform us via Travelinfo website or by contacting us as soon as possible (see contact details).
5.2.6 Once we have processed your enquiry, a confirmation notice will pop up on your screen. This confirms we have submitted the information to the relevant Service Provider who will contact you accordingly.
5.2.7 All services and products made available on the Travelinfo website are subject to specific Service Provider terms and conditions. If the terms and conditions are not available on the Travelinfo website, then we suggest you specifically request same from the selected Service Provider prior to submitting your offer to the selected Service Provider or us to submit same to the selected Service Provider;
5.2.8 Please make sure that you have read and understood the terms and conditions applicable in terms of the services and products available from the selected Service Provider. It is your responsibility to make sure you have done so.
5.2.9 Subsequent acceptance of your offer and conclusion of an agreement related to a particular service or product selected will be between you and the selected Service Provider;
5.2.10 Any queries or concerns relating to the service or product should be addressed to the selected Service Provider. You will see the name and address, plus contact details, for most Service Providers at the bottom of the "More info" section for each product or under a hyperlink that will direct you to a page with the Service Provider's contact details. We will assist you where reasonably possible if you have difficulties contacting the Service Provider.
5.2.11 The placing of an enquiry for any services or products by you will constitute consent to us passing on such details to the relevant Service Provider.
Travel Information and booking facility.
5.2.12 Services and Products are available to Travel Trade Users subsequent to registration.
5.2.13 Separate terms and conditions will govern the utilisation of the Travelinfo login facility
For more information on advertising opportunities, kindly contact us at: email@example.com or Telephone 011 327 4062
6.1 Although Now Media is not obliged to provide security on the Travelinfo website we feel it is important that Users' information or any communication between Users and Now Media is dealt with in the most secure manner reasonable possible. However because of the nature of the internet Now Media cannot guarantee that the User's communications with Now Media via the Travelinfo website are completely secure.
6.2 To provide adequate security to all Users of the website and to monitor activities prohibited under law the User hereby agrees to Now Media's right to intercept, monitor, block, read, delete or access all data sent to the Travelinfo website or any other Now Media communication facility, e.g. online via the Travelinfo Website, email, Instant messaging or fax-to-email application.
6.3 It is our policy to virus check documents and files before they are posted on this website. However, Now Media cannot guarantee that documents or files downloaded from this website will be free from viruses and Now Media does not accept any responsibility for any damage or loss caused by any virus. Accordingly, for the User's own protection, the User must use virus-checking software when using this website. Further, the User shall not post or provide to Now Media via this website, any document or file that may contain a virus. The User must virus-check any document or file which the User intends to post or provide to us via this website. The User hereby indemnifies Now Media, its Service Providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or Now Media's or its Service Provider's infrastructure.
7. LIMITATION OF LIABILITY
7.1 Travelinfo website and all materials found on the website are intended for information purposes and provided "as is" without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, services or products;
7.2 Now Media further does not warrant the completeness of the information, text, graphics, links or other items contained in the Travelinfo website. Now Media and / or the Service Providers may make changes / amendments to the Travelinfo website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice. Now Media reserves the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website. Now Media may discontinue any part of the Travelinfo website or services or certain software or version of certain software for the utilisation of the Travelinfo website;
7.3 Now Media, its directors, employees or its Service Providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, any delays, whether in an action in contract or delict, arising out of the use or inability to use the Travelinfo website or performance of the Travelinfo website or non-performance of the Travelinfo website, i.e. If the Travelinfo website is not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of Now Media or force majeure events, even if Now Media has been advised of the possibility of such damages.
8. AGREEMENT AND ECOMMUNICATIONS
8.1 Formation and validity of this Travelinfo website agreement
The User agrees that:
8.1.1 If the User is aged 18 or under, that the User will first get its parent/guardian's permission beforehand whenever said User provides personal information to the Travelinfo website. Users without this consent are not allowed to provide us with personal information.
8.1.2 Except for clause 8.1.1 above, the User is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein;
8.1.3 All information that is incorporated by using hyperlinks and / or other methods of reference form part of this agreement.
8.1.4 The User acknowledges that all agreements, authorization or request under this agreement satisfies the 'writing' requirement;
8.1.5 For purposes of electronic communications between User and Now Media, no electronic signature is required; the mere sending of data messages or browsing of our website demonstrates the User's intent to be a party to this agreement;
8.2 Time and place of communication, dispatch and receipt
8.2.1 Data messages sent from Now Media to the User have been sent from Travelinfo's place of business;
8.2.2 Data messages sent from Now Media to the User are deemed to be received by the User when complete messages are outside the control of Now Media (left the system of Now Media);
8.2.3 Data messages from the User to Travelinfo / Now Media are deemed to be received by Now Media only when Now Media responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by Now Media that it does give legal effect to the message;
8.3 Attribution of data messages to originator
8.3.1 The User agrees and warrants that the data message sent, from any computer or device owned by the User or the User's employer or programmed by the User or on the User's behalf, to Now Media was sent by the User or a person that had authority to act on the User's behalf in respect of the data message.
These Terms and Conditions and the User's access to the website may be terminated at any time by Now Media without notice. All restrictions, disclaimers and limitations of liability by Now Media will survive termination, however the User will no longer be authorised to access the website. Any unauthorised use terminates this licence immediately.
10.1 If the User is in breach of the terms and conditions of this website, Now Media reserves the right, without prejudice, to any rights which it may have in terms hereof or at law, to:
10.1.1 immediately suspend services available to User; and / or
10.1.2 order for specific performance and damages; and / or
10.1.3 terminate this Agreement and claim damages; and / or
10.1.4 Institute criminal procedures where applicable and necessary;
10.2 All costs, charges and expenses of whatsoever nature which may be incurred by Now Media in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
11. GENERAL AND MISCELLANEOUS
11.1 Sole record of agreement
These Terms and Conditions constitute the sole record of the agreement between the User and Now Media 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.
11.2 No amendments except in writing
11.2.1 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 User and Now Media; and
11.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to Now Media shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;
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.
11.4 Survival of obligations
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions are to be performed, including this clause :
11.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;
11.5.2 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the objective of the allegedly void or unenforceable provisions.
Users may lodge complaints with regard the Travelinfo website with Now Media at e-mail: firstname.lastname@example.org
12. APPLICABLE AND GOVERNING LAW
These terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the Witwatersrand High Court, Johannesburg, which shall have exclusive jurisdiction over any dispute that may arise from these terms and conditions. We recommend you print out a copy of these terms and conditions for your future reference.
© van Gaalen Attorneys - ALL RIGHTS RESERVED. Licensed to Now Media