fbpx

Last Updated – 21 November 2018

The terms and conditions set out below constitute a legally binding agreement between you, the User, and Go Explore Travel (Pty) Ltd (Go.Explore/we/us), and outline the ways in which you can legally interact with and use the Website.

If you do not want to be bound by these terms and conditions, you should immediately stop using the Website.

Definitions and interpretation

In this user agreement:

‘’Business Day’’ means any day other than a Saturday, Sunday or public holiday;

‘’Business Hours’’ means the hours between 08:30-17:00 Central African Time, on a Business Day;

‘’Content’’ means any data, information, images, graphics, video, animation, audio, or other copyright protected works, or compilations thereof, in whatever form and on whatever media;

 ‘’ECT Act’’ means the Electronic Communications and Transactions Act, 2002, as amended from time to time;

“Intellectual property” means any trademarks (registered or unregistered), service marks, ‘’look-and-feel’’ designs and other design rights; copyright; company or domain names; confidential or proprietary information; databases, software or code; or any similar rights, whether or not registerable, registered, or application for registration has been made in any part of the world;

‘’Services’’ means the travel booking service offered on the Website;

“Trip’’ means any trip, tour, excursion, activity or similar booking;

“You/the user” means the person accessing and using the Website;

“Website” means the website found at http://www.goexplore.travel, including any sub-pages, software, databases, content, graphical user interface, display elements, and other components making up the Website, but excludes any links to external websites;

Any reference in this agreement to:

a)      the singular includes the plural and vice versa;

b)      ‘’person/s’’ includes natural and juristic person/s;

c)       any one gender includes the other genders.

Clause headings have been inserted for reference purposes only and must not be taken into account when interpreting this agreement.

Terms not specifically defined in this clause will be given their normal grammatical meaning, and any terms, acronyms, or phrases known in the travel industry will be interpreted in accordance with their generally accepted meaning in that industry.

Any reference to ‘’days’’ means calendar days. When calculating any number of days for the purposes of this agreement, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.

No provision in this agreement must be interpreted to the disadvantage of a party because that party introduced or caused that provision to be included in this agreement.

The word “include” means “include without limitation”.

A requirement that any request, claim, demand or other communication made in terms of this agreement must be in writing will be met it is in the form of a data message as defined in the ECT Act, and is accessible in a manner usable for subsequent reference.

 

Disclosure of information in terms of section 43 of the ECT Act

The following information is disclosed in terms of section 43(1) of the ECT Act:

Website owner:                                   Go Explore Travel (Pty) Limited;

Legal status of website owner:  A private company with limited liability duly incorporated in accordance with the company laws of South Africa;

Registration number:                     2018 / 229931 / 07

Registered office address:        27 Groeveld Avenue, Bothasig, Cape Town, 7441

Director/s:                                             J Filimore;                                           

Physical business address:        8 Portswood Road, Green Point, Cape Town, 8001

(at which address Go Explore chooses as its domicilium citandi et executandi for the purposes of accepting delivery and service of all documents and process in terms of this agreement);

Telephone number:                       +2776 028 9369

Website address:                             http://www.goexplore.travel;

Email address:                                   josh@goexplore.travel;

No offer

Nothing contained in this Website should be regarded as an offer, but rather as an invitation to do business. No agreement to sell or supply any services will be concluded until a booking has been made and accepted by us.

Account registration

Certain Content is available for viewing and use by visitors to the Website. However, to access more Content and the Services offered on or via the Website you must register a Go.Explore account.

When registering an account with us, you warrant that:

a)      all information given to us is accurate, current and complete;

b)      you are and will always be responsible for any loss, claims, damages or delays caused by any incorrect information given to us;

c)       you are 18 years or older; and

d)      you are not impersonating another person.

When registering an account you will be required to choose a unique username and password (‘’Login Details’’). You are responsible for keeping your Login Details secure at all times and to prevent any unauthorised use or sharing thereof.

We do not monitor and check the identity of users after they have registered an account with us. You are and will remain responsible for any use of your account by any person, including accepting liability for any service fees or other costs incurred in connection with any Services supplied or bookings made on your account. Go.Explore will not be liable to you or any other person for any unauthorised use of your account. If you become aware of any suspicious or unauthorised activity on your account, you must notify us immediately at info@go-explore.travel.

We reserve the right to suspend or disable access to your account if we reasonably suspect that any unauthorised or unlawful activity is taking place on your account, without incurring any liability to you.

Access and use of this Website

Subject to your continued compliance with the terms of this user agreement, Go.Explore grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Website and Content for your own personal and non-commercial use of the Website, Content and Services. This license does not entitle you to resell or otherwise make commercial use of the Website or any of the Content or Services published or offered on the Website.

All Content published on this Website is protected by copyright. Except in terms of the licence granted to you in terms of this agreement, you may not reproduce, sell, display, publish, transmit, distribute, adapt, or create a derivative work from such Content for any purpose without our prior written permission.

In particular, and unless otherwise expressly permitted by this agreement, you may not:

a)      rent, lease, copy, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, perform, publish, display or otherwise provide access to the Website, Content or Services to any unauthorised persons, or use the Website, Content or Services for the benefit of any unauthorised persons;

b)      incorporate the Website, Content or Services into any competing product or service offering that you promote and/or supply to third parties;

c)       reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas or algorithms for the Website, Content or Services;

d)      use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or Content contained in the Website, or to collect personal information about other users or members, or to systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like;

e)      interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

f)       interfere with any mechanism used to secure the Website, Content or Services, or otherwise circumvent or attempt to circumvent any such mechanism;

g)      access, tamper with, or use non-public areas of the Website or Services, Go.Explore’s network or information systems, or the technical delivery systems of Go.Explore’s service providers;

h)      attempt to probe, scan, or test the vulnerability of any Go.Explore system or network or breach any security or authentication measures, controls or mechanisms;

i)        forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Content or Services to send altered, deceptive or false source-identifying information;

j)        use the Website, Content or Services to distribute unsolicited or bulk commercial email (“spam”) or unauthorised third party advertisements or affiliate links;

k)      collect or store any personally identifiable information about any other user of the Website;

l)        stalk, threaten or harass any other user of the Website;

m)    use the Website or Content to find information about suppliers or customers traveller and then complete a booking or offer competing services independent of the Website or Services in order to circumvent the obligation to pay any service fees charged by Go.Explore, or for any other commercial reasons; or otherwise use the Website to recruit, solicit, induce any user, member or supplier to subscribe for or offer competing services or to redirect them to competing websites;

n)      impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

o)      use, display, mirror or frame the Website, Content or Services, or any individual element thereof, or use Go.Explore’s name or trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page in the Website, without Go.Explore’s express written consent;

p)      otherwise use the Website or Content in any way which infringes, or attempts to infringe, the rights of any other person, or for any illegal purpose or in violation of any applicable laws; and

q)      advocate, encourage, entice, or assist any third party in doing any of the aforegoing.

Intellectual Property Ownership

The Go.Explore Website, Services, and Content are protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that the Website, Services and Content, including all associated intellectual property rights, are the exclusive property of Go.Explore and its licensors. Apart from any licence granted to you in terms of this agreement, you will not enjoy any further licence or right of use in respect of any of Go.Explore’s intellectual property.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Go.Explore used on or in connection with the Website, Content and Services are trademarks or registered trademarks of Go.Explore. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties, including service providers and suppliers used on or in connection with the Website, Content and Services are used for identification purposes only and may be the property of their respective owners.

Availability of the Website, Content and Services

While we will use our best efforts to ensure that the Website, Content and Services are available 24 hours a day with minimum disruptions, we cannot guarantee such availability. Go.Explore will not be held liable for any loss or damage caused to you or any person by the non-availability or disrupted availability of the Website, or any Content or Services, in whole or in part.

Disclaimer

THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  GO.EXPLORE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF THE WEBSITE, CONTENT OR SERVICES.

GO.EXPLORE, ITS DIRECTORS, EMPLOYEES, TOUR OPERATORS, SUPPLIERS, SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY YOU OR ANY OTHER PERSON RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, CONTENT OR SERVICES.

 

User Generated Content

Content may be provided on the Website by users in the form of, but not limited to, messages between users; user recommendations, testimonials, reviews, comments, and/or replies; blog posts; or any other communication left directly by a user on the Website (“User Generated Content”), or provided to Go Explore through any other form of communication.

User Generated Content is posted on the Website directly by a user and is not pre-screened or approved by us. Go.Explore does not accept responsibility for any User Generated Content posted or published on the Website and expressly disclaims any and all liability in connection thereto. Go.Explore also does not endorse any opinion, statement, recommendation, testimonial, comment, reply, review or advice expressed in or with any User Generated Content and expressly disclaims any and all liability in connection thereto.

All User Generated Content posted, published or transmitted by a user on or via the Website shall be considered non-confidential and non-proprietary. You grant Go.Explore a non-exclusive, royalty-free, perpetual, worldwide licence to copy, adapt, disclose, distribute, incorporate and otherwise use any User Generated Content posted or published on the Website for any and all commercial or non-commercial purposes.  

You are prohibited from posting, distributing or transmitting to or from the Website any material, including but not limited to text, images, video and audio clips:

a)      that is considered likely to disrupt, provoke, attack or offend others, is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable, blasphemous, contain swear words or other language likely to offend,  or which describes or encourage activities which could endanger the safety or well-being of others;

b)      that is in breach of confidence, or infringes the privacy rights of any third party;

c)       that advertises products or services for profit or gain;

d)      that impersonates someone else, or includes contact details such as phone numbers, postal or email addresses of someone else;

e)      that are considered to be “spam” (posts containing the same, or similar, content posted multiple times);

f)       which constitutes or encourages conduct that would be considered a criminal offence, or condone or encourage unlawful activity, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world, or

g)      which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You agree that if we determine that any User Generated Content is in violation of any law or of the terms of this agreement or any other policies published on the Website, we may (i) require you to immediately amend or modify such content; and/or (ii) without notice terminate your continued access to the Website and/or suspend or terminate any Services; and/or (iii) without notice, delete the offending content; and/or (iv) notify the relevant authorities of the existence of such content (if required by law or otherwise), and make any back-up, archive or other copies of such material as may be required by such authorities, and disclose any information as may be requested by such authorities to identify you and/or take such further steps as may be required by such authorities. You specifically agree that you will have no recourse against Go.Explore if we act in terms of this clause and you hereby waive your right to make any claim or demand or to institute any legal proceedings against us should we act in terms of this clause.

If you detect or become aware of any Content on the Website that does not comply with the standards set out above, or that infringes the rights of any person; or you detect or become aware of any unlawful activity taking place on or via the Website, you must immediately notify us in writing at info@goexplore.travel and include the following in such notice:

a)      your full names and address;

b)      your telephonic and electronic contact details (if any);

c)       identification of any right that has allegedly been infringed;

d)      identification of the material or activity that is claimed to be the subject of unlawful activity;

e)      the remedial action required to be taken by Go Explore in respect of the complaint;

f)       a statement that you are acting in good faith;

g)      a statement that the information in the take-down notification is to his or her knowledge true and correct; and

h)      your written or electronic signature;

You acknowledge that if you lodge any notification of unlawful activity with Go Explore knowing that it materially misrepresents the facts, you may be held liable for damages for wrongful take-down.

 

Links to third party sites

The Website may contain links or references to other websites, including those of advertisers (“Third Party Websites“) outside of Go.Explore’s control. The terms of this agreement do not apply to those Third Party Websites and Go.Explore is not responsible for the practices and/or policies of those Third Party Websites.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, the use of such Third Party Websites is entirely at your own risk.

Links to such Third Party Websites do not imply any endorsement by Go.Explore of such websites or the content, products, or services available from such websites. Go.Explore does not accept any responsibility or liability for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites, or your reliance on any information contained thereon.

Governing law

The Website is owned, hosted and maintained within the Republic of South Africa. When using the Website and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Cape Town, South Africa.

The law applicable to this agreement, its interpretation and any legal proceedings in connection therewith or arising therefrom will be the law of the Republic of South Africa.

 

Amendment of these terms of service

We reserve the right, at any time, to amend any of the terms and conditions set out herein. An updated version of this agreement containing any amended or new terms and conditions will be posted on the Website from time to time. Any amendment made to this agreement shall become binding and enforceable from the date of publication.

You agree that it is your responsibility to review the terms of this agreement whenever you access the Website and before proceeding to use it further.

If you object to any amendment made to this agreement, you must immediately stop accessing and using the Website.

 

Termination of use

We reserve the right, in our sole discretion, and with prior notification, to terminate your user account and/or your access to and use of the Website if we regard any action or inaction by you to be a breach of this agreement, or misuse or abuse of the Website or any of the Content or Services contained in or provided through the Website.

General

You may not cede, sub-license or otherwise transfer any rights you may have under this agreement or which may otherwise have been obtained by you through your use of the Website.

If any part of this agreement is found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between us in relation to your use of the Website, Content and Services.

Failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

YOU, THE USER, EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS CONTAINED IN THIS WEBSITE USER AGREEMENT AND THAT YOU UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.

This agreement was last updated on 17 November 2018 and this version supercedes all previous versions published on the Website before this date.

become an explorer

Sign up to the Explorer newsletter in order to receive information about Go.Explore and our range of the best Purposeful Travel Experiences around the world.

Go.Explore

Copyright 2018 Go.Explore