TERMS AND CONDITIONS
Terms and conditions relating to the use of BookTheSpot™ agreed between: Magus Ventures (Pty) Ltd trading as www.bookthespot.com and the “User”.
Incorporates all software packages, modules and services developed and designed by Magus Ventures (Pty) Ltd.
Is an accommodation establishment listed on the Site.
A person or persons making a reservation via the Site.
A person or persons making use of the Site.
An enquiry made by a client via the Site.
An online quotation submitted by the Establishment specifying the price to be charged for the requested accommodation.
An accepted quotation or a real-time booking on which a pre-determined deposit amount has been paid by the Client.
By using this Site or any Service offered by this Site, you agree to comply with, and be legally bound by the following terms and conditions. If you do not agree to these Terms, please do not continue to use this Site. It is the User’s responsibility to regularly review these terms. Magus Ventures (Pty) Ltd reserves the right to revise these Terms and upload changes to these Terms. By using this Site, the User agrees to have accepted the revised Terms.
USE OF THE SITE
Magus Ventures (Pty) Ltd trading as www.bookthespot.com facilitates communication between Establishments and prospective and existing Clients and is in no way able to influence, negotiate or mediate between these parties should a dispute arise.
Listing an establishment on the Site is free to any Establishment having a current Booksure™ membership. An Establishment may request the removal of a listing at any time.
Magus Ventures (Pty) Ltd cannot be held liable should there be a misrepresentation by the Establishment of the type of services, amenities or accommodation facilities offered.
Magus Ventures (Pty) Ltd can and will not confirm any user’s identity or purported identity.
By using this Site or any Service offered by this Site, you agree to not:
- illegally copy, store, use, alter, erase, impair, interfere with or attempt to interfere with our software, data and network resources;
- use this Services to assist in the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the communication facilities offered by BookTheSpot™
- impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
- engage in any practice or conduct that is unlawful under any laws applicable to you;
- use our Services to transmit, distribute, post or submit any information concerning any other person without their consent;
- register for a Service on behalf of an individual other than yourself;
- offer accommodation that you do not yourself own or rent (excluding the situation in which you are listing accommodation in the capacity of a rental or listing agent on behalf of a third party property owner, in which case you must be in possession of a valid mandate from the owner);
- impersonate any person or entity, or falsify or misrepresent yourself or your affiliation with any person or entity;
- submit content that is inaccurate or misleading;
- submit content that is hateful, threatening, contains profanities, is vulgar or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
Magus Ventures reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any conduct deemed inappropriate.
WARRANTIES AND INDEMNITY
All payments and information received through BookTheSpot™ will be processed using an industry standard level of security so as to minimise the risk of unauthorised disclosure or interception by third parties. Magus Ventures (Pty) Ltd cannot, however, indemnify the Establishment/Client/User against any loss or harm it may suffer as a result of unauthorised disclosures or interception of payments and information.
In the unlikely event that an Establishment/Client/User is unable to use the Site due to technical problems, Magus Ventures (Pty) Ltd will use its best efforts to ensure that any problems that may arise will be resolved as quickly as possible. Magus Ventures (Pty) Ltd cannot be held responsible for any loss of revenue or reputational damage that may result from any such problem.
Magus Ventures (Pty) Ltd does not guarantee that the Site will meet all Establishment/Client/User expectations, be free of errors, or that errors reported will be corrected.
While every effort has been made to ensure that the general information contained within the Site is accurate, Magus Ventures (Pty) Ltd cannot be held responsible for the accuracy of information supplied by the individual Establishment. It is the responsibility of individuals browsing through the Site to satisfy themselves as to the accuracy of the information by way of enquiry and/or checking directly with the Establishment concerned.
All material supplied by listed Establishments is used by BookTheSpot™ on the basis that the Establishment owns the rights to the said material. Rates are subject to change by the Establishment without notice. Magus Ventures (Pty) Ltd takes no responsibility and assumes no liability for any content posted, stored or uploaded by an Establishment/Client/User. The Establishment/Client/User is solely responsible for any loss or damage arising out of the use or submission of content from the Site.
The Establishment/Client/User herewith indemnify Magus Ventures (Pty) Ltd, its employees, shareholders and representatives in respect of any loss or damages suffered as a result of utilizing the services provided by BookTheSpot™.
This includes but is not limited to:
- failure on the part of the Establishment to honour cancellation terms
- incorrect payments as a result of incorrect rates posted on the Site by the Establishment
- non-availability of accommodation as a result of overbooking
- termination of business by an Establishment
Magus Ventures (Pty) Ltd will not be held responsible for any cancelled bookings or deposit returns as these are at the sole discretion of the establishment and need to be arranged with them directly.
Dates, times and venues of events are current at the time of publication but cannot be guaranteed to be correct. Magus Ventures (Pty) Ltd cannot be held responsible for any loss of revenue or damages that may result from the publication of incorrect event information.
The Establishment/Client/User hereby agrees and gives its consent to the Magistrate’s Court having jurisdiction in respect of any legal matter that may arise out of this agreement, even if the amount claimed by Magus Ventures (Pty) Ltd exceeds the jurisdiction of the Magistrate’s Court. Magus Ventures (Pty) Ltd shall, however, still have the right to approach a higher court if it so chooses.