BY LISTING AT TOURISM TATTLER (PTY) LTD, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS.
Tourism Tattler (Pty) LTD is a term used to refer to the organizations and individuals listed in this directory, and does not affiliate them nor is it meant to imply that they are affiliated with one another in any legal sense.
The directory and its contents are offered in good faith. Reasonable efforts have been made to ensure the accuracy of the information. Tourism Tattler (Pty) LTD does not accept responsibility for any errors , omissions or misrepresentations in the details listed. Listings of companies and individuals do not imply any form of recognition, recommendation or guarantee of the company or the products and services provided. Readers are advised to check any information offered in the directory to their own satisfaction before relying upon it.
Nothing in this website contains or constitutes an offer to enter into any contract or agreement or any solicitation to buy or sell an investment, and no information on this website should be treated as an invitation or inducement to engage in investment activity. By entering this website you warrant and undertake that you will not rely on any information given here for decision making purposes. Before making an investment or business decision with respect to the country the business or individual listed in the directory is in, Tourism Tattler (Pty) LTD advises consulting a legal adviserin the country that business or individual is registered in, and in the case of those who may be constrained by economic sanctions imposed by the countries of which they are citizens, their respective governments.
1. Contact Information
Customer service: Contact
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Listing”, “List”, “Posting”, or “Post” means submitting through the Site content that may include text and/or images which explain or promote Your offering.
- “Category” means any and all of the parent and sub headings used to categorize the listings in the Site Directory.
- “Featured Listing” means any listing for which there is an extra listing charge.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “Contributor” means anyone who contributes to the Site. A contributor is also a Subscriber.
- “Directory” refers to the categorized and uncategorized member Listings that appear in the Site’s search results and via links that appear in the Site.
- “Content” refers to all non Directory content that appears in the Site.
- “tourismtattler.co.za” refers to the Site which is wholly owned by Tourism Tattler (Pty) LTD, a South African Limited Company registered in South Africa.
- “Visitor” refers to anyone who visits the site to view its content.
- “Subscriber” means anyone who registers through the Site.
- “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
- “Website” or “Site” refers to the website maintained on the World Wide Web by Tourism Tattler (Pty) LTD, available at http://www.tourismtattler.co.za.
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
3. Modification of Terms.
Tourism Tattler (Pty) LTD reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Tourism Tattler (Pty) LTD gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed accepting of those changed terms and/or conditions.
4. Limited Access.
Tourism Tattler (Pty) LTD hereby grants each Subscriber limited, non-exclusive, and non-transferable permission to Access the Directory and Content available in the Site according to the provisions contained herein.
5. Listing Fees; Renewal; Refund Policies.
Tourism Tattler (Pty) LTD provides directory listing packages on both free and payment basis. The costs and various features of each listing package are explained to the Subscriber during the registration and listing process and are subject to change at any time by Tourism Tattler (Pty) LTD.
Paid listings run for 365 days. If You pay for your Listing using Paypal you agree to be billed automatically for your Listing to recur. You can cancel Your recurring Listing only by directly contacting Paypal. There is no refund in part or in full for cancelled Listings provided Tourism Tattler (Pty) LTD has made every “commercially reasonable” effort to display your listing as set forth in paragraph 6 .
6. Access to the Directory and Content; Modification of Content.
Tourism Tattler (Pty) LTD strives to display the Site and all directory Listings to the internet viewing public at all times. However, from time to time, the general public may be unable to Access the Directory and/or the Content due to conditions beyond Tourism Tattler (Pty) LTD’s control. Such conditions include, but are not limited to: force majeure, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Directory and Content to its Subscribers, Tourism Tattler (Pty) LTD will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Tourism Tattler (Pty) LTD endeavors to provide the highest quality content to its Subscribers. To that end, Tourism Tattler (Pty) LTD reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
7. Prohibited Conduct.
You expressly agree to refrain from, either personally or through an agent, any of the following “Prohibited Conduct”:
- Attempt to promote or present more than a single offering in a single Listing. A single offering may encompass a range of goods and services, so long as such goods and services can be accurately described as belonging to a single category. Determinations shall be at the sole discretion of Tourism Tattler (Pty) LTD who shall have the right to provide a remedy.
- From time to time Tourism Tattler (Pty) LTD will offer free listings, limited to one per member for placement in a single category. Attempts by members to circumvent this limit by submitting multiple no-cost submissions to different categories is prohibited, and Tourism Tattler (Pty) LTD reserves the right to bar, temporarily or permanently, any member who attempts this.
- List content in a Site category that is not directly relevant to that content.
- Fail to place Your listing in a Premium Category that describes the nature of your offering, where such a category exists.
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Tourism Tattler (Pty) LTD’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to the Directory or Content using Your user name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate Tourism Tattler (Pty) LTD’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of South Africa.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Tourism Tattler (Pty) LTD.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Tourism Tattler (Pty) LTD.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable, lese majeste according to the laws of South Africa, or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Tourism Tattler (Pty) LTD reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Directory and Content to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available in the Directory or Content beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Tourism Tattler (Pty) LTD.
You agree not to violate any South African, foreign or international software or technology export laws and regulations.
You attest that neither you, nor any member of your family, nor any person you represent, are currently on the United States Department of the Treasury’s (SDP) list of Specially Designated Persons, with whom US citizens are by US law, not permitted to do business.
8. Limited Warranties.
Tourism Tattler (Pty) LTD warrants that the software that allows Users to Access the Directory and Content (“Software”), if operated as directed, will substantially achieve the functionality described on the Site.
TOURISM TATTLER (PTY) LTD PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
ALTHOUGH TOURISM TATTLER (PTY) LTD HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
9. Disclaimers and Limitation of Liability.
User accesses this site at his/her/its own risk. The Site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in section 10), expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringment of third parties’ rights are specifically disclaimed. Tourism Tattler (Pty) LTD does not warrrant any particuar result from the use of the Site. Tourism Tattler (Pty) LTD does not warrant that the information on the Site is accurate, complete, or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Tourism Tattler (Pty) LTD or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to You or any other person or entity for any indirect, special, incidental, punitive or consequential damages or any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this Site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system. In no event will Tourism Tattler (Pty) LTD be liable for damages resulting from access to the Directory, and documents or files attached to Directory Listings, and Content, and for any loss of data that results from downloading of any such content, including any damages resulting from computer viruses. In no event will Tourism Tattler (Pty) LTD be liable for any damages, even if Tourism Tattler (Pty) LTD shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exlusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Tourism Tattler (Pty) LTD, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Tourism Tattler (Pty) LTD is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this Site.
No dealer, agent, or other third party to Tourism Tattler (Pty) LTD is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.
Tourism Tattler (Pty) LTD disclaims all warranties, and shall have no liability for damages arising from or related to any support services for Your use of the Site.
The laws of Your jurisdication may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to You.
Tourism Tattler (Pty) LTD will not be liable to You or any other person or entity for any indirect, special, incidental, punitive, or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses you may incur as a result of purchasing goods or services listed on this Site, or as a result of Your having hired staff or obtained a position through Your use of this Site.
Tourism Tattler (Pty) LTD will not be liable to you or any other person or entity for any indirect, special, incidental, punitive, or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses you may incur as a result of investing in any offering on this Site, or as a result of having made a business decision based on information in this Site.
10. Third Party Content; Hyperlinks.
You acknowledge that Tourism Tattler (Pty) LTD does not pre-screen third party materials. Tourism Tattler (Pty) LTD is not the publisher or author of any information on the Site that is provided by third party content providers, and Tourism Tattler (Pty) LTD is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Tourism Tattler (Pty) LTD’s use of the content constitutes neither an endorsement nor a recommendation by Tourism Tattler (Pty) LTD of the content. Tourism Tattler (Pty) LTD assumes no responsibility for third party products or services.
Tourism Tattler (Pty) LTD may contain links and references to other third party websites and materials. Tourism Tattler (Pty) LTD does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Tourism Tattler (Pty) LTD does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Tourism Tattler (Pty) LTD may disable any hyperlink to the Site. Tourism Tattler (Pty) LTD has the right but not obligation to monitor third party websites and hyperlinks to the Site.
TOURISM TATTLER (PTY) LTD MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, TOURISM TATTLER (PTY) LTD DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights, Trademarks and Other Proprietary Rights.
Tourism Tattler (Pty) LTD or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Tourism Tattler (Pty) LTD or parties with which Tourism Tattler (Pty) LTD has entered into a licensing arrangement. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Directory may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Tourism Tattler (Pty) LTD, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Tourism Tattler (Pty) LTD’s intellectual property except as set forth in Section 4.
Subscribers shall not post into their Listing(s) any content which violates the copyrights of others. Any such Content is subject to removal by the website administrator and no refund shall be due the Subscriber.
If You Post as part Your Listing any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Tourism Tattler (Pty) LTD, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
Tourism Tattler (Pty) LTD shall have the right to add their official Site logo to any Listing where a Subscriber chooses to not upload an image or to provide a URL for use in fetching a Home Page image snapshot, which is the default Listing thumbnail image.
User agrees to defend, indemnify and otherwise hold harmless Tourism Tattler (Pty) LTD and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
13. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. Tourism Tattler (Pty) LTD has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Tourism Tattler (Pty) LTD may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the Directory and Content. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify Tourism Tattler (Pty) LTD immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Tourism Tattler (Pty) LTD immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Tourism Tattler (Pty) LTD will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Tourism Tattler (Pty) LTD, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
Tourism Tattler (Pty) LTD will never ask You for Your password. If You need a new user name and/or password, Tourism Tattler (Pty) LTD will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
14. Termination of Agreement.
In addition to Tourism Tattler (Pty) LTD’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Tourism Tattler (Pty) LTD may also terminate Access to the Directory and/or Content and cancel subscriptions to same without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Tourism Tattler (Pty) LTD deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between Tourism Tattler (Pty) LTD and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Tourism Tattler (Pty) LTD and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Tourism Tattler (Pty) LTD may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Tourism Tattler (Pty) LTD’s remedies are cumulative and not exclusive. Failure of Tourism Tattler (Pty) LTD to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Tourism Tattler (Pty) LTD makes no representation that the content of the Site is appropriate or available for use in all locations. Tourism Tattler (Pty) LTD operates this Site from South Africa and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Tourism Tattler (Pty) LTD cannot provide notifications via post, only e-mail.
17. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by the laws of South Africa, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Tourism Tattler (Pty) LTD shall be finally resolved through binding arbitration in South Africa. Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of South Africa, for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.