When you use the Inside Guide 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 Inside Guide website.
Important clauses that limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.
These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and various policies listed here https://insideguide.co.za/cape-town/terms-conditions/ (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.
Effective Date means the date on which you used our Website;
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 means any common law or registered trademarks, logos, brand names, domain names or other marks of Inside Guide;
Inside Guide, we, us and our means Lange Marketing CC t/a The Inside Guide; and
Website means www.insideguide.co.za.
Use of Website
The Inside Guide also makes no warranty or representation, whether express or implied, that information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software.
The Inside Guide accepts no responsibility for any errors or omissions on this Website.
The Inside Guide may, in its sole discretion, at any time, suspend or terminate the operation of this Website or any of the products or services provided in terms of this Website, without prior notice.
Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and The Inside Guide is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Websites.
The Inside Guide also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other Websites.
Please note that should you choose to find accommodation using our Website the agreement for providing accommodation lies between you and the listing owner. Inside Guide is not a party to or involved in that agreement. Our responsibility to you in terms of this agreement ends once you have been referred to Nighstbridge or the listing owner to book your accommodation.
Without limiting the above, we will not be liable for double bookings, non-availability of the accommodation or incorrect quotations.
If you have a complaint about a listing, or about us, please contact us.
Inside Guide does not perform site inspections of listings on the site. All information about a listing is provided by the listing owner. While the information about a listing is of “best effort” accuracy, we make no warranties as to the accuracy or veracity thereof.
When you make a booking with a listing on our Website, you may be given an opportunity to submit feedback about your stay. Inside Guide reserves the right not to publish any comments which may be defamatory, or which are not verifiable or for any reason as determined in our sole discretion. All reviews will be dealt with in terms of our Reviews Policy and Posting Guidelines available on our Website.
Marketing and Operational Messages
We will use your information to send you important operational and service messages. These details will not be used for marketing or promotions unless you let us know that you want to receive this information.
Service Delivery and Interruptions
Inside Guide will use reasonable endeavors 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.
Should you be in breach of any provision of this agreement Inside Guide 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 Inside Guide unconditionally and irrevocably and agree to hold Inside Guide harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Inside Guide or instituted against Inside Guide 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, Inside Guide 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 Inside Guide is liable to you for any damages, Inside Guide’s liability to you for any damages howsoever arising shall be limited to the amount of R1000.00 (one thousand rand) only.
Amendments: Inside Guide reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website. Please note that you will be given an opportunity to read our terms and conditions and are required to accept our terms and conditions each time you use our service.
No sales representative, affiliate, dealer, agent, officer or employee of Inside Guide 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.
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.
Jurisdiction: You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
Costs: Should Inside Guide, instruct an attorney pursuant to any breach or failure to perform any obligation on your part (the part of Contracting Party, or be required to direct any correspondence to you regarding such breach or failure to perform, then without prejudice to any other rights which Inside Guide may have, it shall be entitled to recover from you all legal costs incurred by it, whether or not legal proceedings are instituted against you, on an attorney and own client scale including tracing fees and collection commission and which costs shall be payable on demand and shall not be required to be taxed