Rooms.co.za Terms of Service
WELCOME TO ROOMS.CO.ZA! We’re happy to have you visit our site and we’re eager to help you understand how our site works and the practices we use to help customers get the most from the services we offer.
This Terms of Service is designed to facilitate the business relationship between Rooms.co.za (hereafter “Company”), the owner and operator of the www.rooms.co.za website, as well as all of the web pages and websites located therein (collectively referred to as the “Site”), and the customers (“You” or “Your”). By using Company’s services, You accept the following Terms and Conditions, as well as the manner in which Company operates. These Terms & Conditions constitute the entire agreement between Company and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Company with respect of Your use of Company.
- 1. Acceptance of Terms of Service
By visiting the Site, registering to use the Site, or actively using the services provided on the Site, you agree to be bound by and consent to these Terms of Service as amended from time to time, as well as the Privacy Policy, incorporated herein by reference and located at www.rooms.co.za /privacy.
By accepting the Terms of Service through your use of the Site or registration with the Company, You confirm that You are eligible to use the services provided by Company. If You do not agree to the Terms of Service, do not use the Site. If You access, use, or download in any way, any service from Company, You agree to and are bound by these Terms of Service.
- 2. Authorized Customers
Only Authorized Customers may use this site and in order to be an authorized customer, you must first accept the Terms of Service either through use of the site or through registration with the Company. This Site is not intended for visitors that are under eighteen (18) years of age and we encourage all minors to visit this site with the help and supervision of a parent. You hereby agree, confirm and certify that You are at least 18 years of age and may therefore engage in a binding contract. By using the Site, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of these Terms of Service. If You access, use, or participate in any way, any service from the Site, You are bound by these Terms of Service.
Company products and services are offered exclusively to private users and not to commercial users or retailers.
Company also reserves the right to limit, geographically, which individuals may be approved as Users and may open User Accounts. Company is striving to build a large world-wide operation, but at times, may not offer this service to all countries.
- 3. Registration for Services
You may only register once for the products and services provided by the Company. You specifically agree that You will not have more than one User Account and failure to abide by this restriction may result in the termination of your account.
You agree that all information you provide will be true and accurate and that you will not provide misleading or inaccurate information when registering with the Company. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Company users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. Please note that your username will be publically visible on the Site.
- 4. User Accounts
In order to access and purchase the products and services offered on the site, you must register for the Site to set up your User Account.
You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Company immediately of any breach of security or unauthorized use of your User Account. Each User shall be liable and responsible for all products and services purchased as well as activities that are undertaken using his or her User Account regardless of fraud, or other unauthorized use of the User Account.
Company hereby grants to you permission to use the Site pursuant to the Terms of Service as set forth in these Terms of Service, provided that: (i) your use of the Site as permitted is solely for the purposes expressly authorized herein; (ii) you will not copy or distribute any part of the Site in any medium or form; (iii) you will not alter or modify any part of the Site; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. You agree to use the Site and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.
You agree not to advertise, or solicit, any User to buy or sell products or services outside of the services offered hereon. You will not use the Site to transmit chain letters or junk email to other Users. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any page on the Site.
If Company receives information that Your username is illegal or you have breached any provision of these Terms of Service as evaluated in Company’ sole discretion, Your User Account may be frozen or permanently terminated without prior notice to You.
You are responsible for keeping Your user account password confidential. User accounts are non-transferable or assignable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of Your user account, including but not limited to using it to the detriment of third parties or to damage the Company, shall result in the termination of the user and the reporting of a crime. You agree that you alone are liable for all offensive or unlawful activities that are undertaken using Your user account.
- 5. Account Termination
Without limitation, if your Account is inactive for at least 12 months, then Company may at any time thereafter, terminate your Account.
You have the right to terminate Your User Account at any time. You may terminate your User Account at any time and for any reason by providing to us written notice to terminate your User Account.
Company may terminate your User Account without notice and at the sole discretion of Company. Company reserves the right to temporarily or permanently terminate Your account at its sole discretion if Company determines You have violated these Terms of Service, any laws, or the rights of our other users or other third parties.
- 6. Third Party Websites and Services
You understand and agree that to complete the transactions that you are requesting through the Site, you will be transferred to one or more third party “booking agents.” These booking agents provide the actual reservation and booking services provided through the Site. Your personal information will be provided to these booking agents and your reservation as well as any additional products and services that you purchase will be processed through the booking agent. By using these third party booking agents, you will be subject to their Terms of Service and Privacy Policy and you are responsible for reviewing the applicable agreements and abiding by same.
Additionally, the Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
- 7. Special Promotions and Offers
You understand that Company will run special promotions and offers from time to time. Any special promotion run by Company shall only be valid if it is announced by Company on the Site or in an email newsletter. Certain promotions may only be valid for a limited time, with details announced on the Site or in our newsletter. Company reserves the right to cancel or terminate any Special Promotion or Offer.
- 8. Disclaimer of Warranties and Liability Regarding Use of the Site
You agree that your use of the Site is at Your sole risk. Neither Company nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Company, or the like, warrant that websites affiliated with Company, including but not limited to the Site, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on the Site may contain inaccuracies or typographical errors. Company makes no warranty as to the results that may be obtained from the use of the Site or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site. Furthermore, Company shall not be responsible for any opinions, views, advice or statements posted on the Site (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Company spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Company spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SECURITY OF THE SITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM COMPANY OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON COMPANY’S SERVICES OR ITEMS PURCHASED THROUGH THE SITE, FROM INABILITY TO USE THE SITE’S SERVICES OR ITEMS PURCHASED THROUGH THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE COMPANY’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
- 9. Copyrights, Patents, Trademarks and Other Intellectual Property
Copyrights. If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to Support@rooms.co.za with the information required pursuant to the DMCA.
Patents. Company and any of its agents, contractors, and affiliates referred to or posted on the Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site and Company reserves all such rights.
Trademarks – General. Company as well as other names and marks so notified in the Web Site are trademarks of Company. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site, and all rights in such names, marks or logos is reserved by Company and/or respective holders.
Trademarks – Use of. You may use Company trademarks, service marks or other marks only with written consent of Company.
10. Miscellaneous Provisions
This Terms of Service and Your use of the Site shall be governed by the laws of the South Africa without regard to its conflicts of laws principles.
YOUR RIGHT TO USE THE SITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You will be in violation of the law and these Terms of Service, and subject to having Your User Account suspended or terminated. You agree that Company cannot be held liable if laws applicable to You restrict or prohibit Your participation.
These Terms of Service constitute the entire agreement between You and Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by Company of the Terms of Service or the Privacy Policy will be effective only if in writing and signed by Company.
Company reserves the right to change these Terms of Service at any time without notice to You. Consequently, You should review these Terms of Service for changes each time You visit the Site. If you have any questions, concerns, or comments about our Terms of Service, please email us at support@rooms.co.za